[olug] SCO Lawsuit

Fri May 21 08:11:32 UTC 2004

  SCO doesn't own any of the kernel code and even if they did it simply
isn't relevant. SCOX has very little liquidation value.

"Thomas D. Williamson" wrote:
> 
> If bankruptcy is in SCO's future then that would be a prime time for Novell/SuSe
> to pick over the remaining assets and recover the Kernel code. Being involved
> with a development of Linux, Novell would not have any interest in alienating
> clients who are using another flavor of Linux and who could make use of
> Novell's additions to Linux.
> 
> Tom
> 
> Quoting Sean Edwards <cybersean3000 at yahoo.com>:
> 
> > > Novell's SuSe is a fortress - they have some hold on
> > > SCOX and if SCOX
> > > were to ever sue one of their customers, well, it
> > > hurts just to think
> > > about it.
> >
> > Actually, Novell used to hold the master kernel
> > license which is now the Albatross around SCO's neck.
> > I may have the dates wrong, but I believe Novell
> > bought it from AT&T in 1993 and then sold it to SCO in
> > 1995.\
> >
> > I also believe Novell helped develop the IPX/SPX
> > protocol support for Linux, which led to the MARS NWE
> > (NetWare Emulator).  It was a Bindery (NetWare 3.x)
> > server emulator which provided drive and print
> > services to a Novell environment.
> >
> > Novell recently bought SUSE. Is there any chance they
> > will buy Master Kernel from SCO just to retire it?
> >
> > -=Sean=-
> >
> >
> >
> >
> > --- neal rauhauser <neal at lists.rauhauser.net> wrote:
> > >
> > >
> > >   SCOX received $50M in a PIPE (private investment
> > > in public equity)
> > > with this funding specifically meant to support
> > > their 'Linux tax'. The
> > > two companies that provided this were Royal Bank of
> > > Canada and Baystar.
> > > RBC pulled out of the deal, selling their stock to
> > > Baystar, and the
> > > terms of the PIPE allow Baystar to seize almost
> > > every dime SCOX has in
> > > their treasury. Baystar has already taken steps to
> > > do this. Right now
> > > RBC is unloading 740k worth of junk SCOX stock they
> > > got as part of the
> > > deal - this should be done by Friday, then SCOX
> > > takes another giant step
> > > towards a chapter 7 bankruptcy when the judge
> > > impounds their operating
> > > funds.
> > >
> > >   SCOX has filed against two large companies and in
> > > the first case,
> > > against Daimler Chrysler, the judge has made it
> > > clear that she has seen
> > > SCOX coming and won't tolerate their nonsense.
> > > Analysts fully expect
> > > this one to get thrown out on its ear. The Autozone
> > > case is a little
> > > more complex and AZ seems willing to let IBM clean
> > > house on the problem.
> > >
> > >   SCOX is finally cornered by IBM's lawyers and the
> > > analysts believe
> > > that a summary judgement, with prejudice, is going
> > > to be the final
> > > outcome. They've fooled around for a year in
> > > discovery, they just asked
> > > for another nine months, but they're repeatedly
> > > stated in public that
> > > they have *all the evidence they need*. Judges don't
> > > like getting jerked
> > > around and the one on this case is letting it
> > > proceed such that when its
> > > over, its over with no possibility of appeal, and
> > > the results should be
> > > fatal.
> > >
> > >   I've followed this case very closely and it is
> > > nothing but M$ funded
> > > FUD against Linux. If your ED is truly worried about
> > > legal liability
> > > Novell's SuSe is a fortress - they have some hold on
> > > SCOX and if SCOX
> > > were to ever sue one of their customers, well, it
> > > hurts just to think
> > > about it.
> > >
> > >
> > >
> > >
> > > Joe Catanzaro wrote:
> > > >
> > > > I was in a meeting with an executive director of
> > > our company and he stated
> > > > that one of the reasons we haven't moved more
> > > towards Linux is because of
> > > > the lawsuits that SCO has been threatening the
> > > Fortune 1000 companies with.
> > > > So, my question, having not followed the details
> > > of this SCO crap is
> > > > this,   Is there any way to implement Linux
> > > without the few pieces of code
> > > > that SCO is calling into question? Or are they
> > > claiming they own part of
> > > > the kernel code?
> > > >
> > > > Thanks,
> > > >
> > > > Joe Catanzaro
> > > > joecatanzaro at cox.net
> > > >
> > > > _______________________________________________
> > > > OLUG mailing list
> > > > OLUG at olug.org
> > > > http://lists.olug.org/mailman/listinfo/olug
> > >
> > > --
> > >
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> 
> Tom Williamson
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