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[News] SCO's Lack of Case Shown Bit by Bit

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Answering SCO Bit by Bit - Caldera's GPL Fingerprints All Over the Place

,----[ Quote ]
| Remember when SCO said it never released any 
| of its own code under the GPL? Methinks it 
| spoke with forked tongue.
| I have now had an opportunity to look at 
| files in another Caldera Linux distribution, 
| Caldera OpenLinux 2.3-16, and I see 
| Caldera's GPL fingerprints all over the 
| place, much as I discovered using emacs to 
| open up source files in OpenLinux eServer 
| 2.3 the other day. And Caldera did write 
| code itself that it released under the GPL. 
| It also tweaked GPL'd packages and 
| distributed with its own branding under the 
| GPL. And it can't seem to stop distributing 
| binutils under the GPL, while claiming in 
| the SCO v. IBM lawsuit that it never did so.
| [...]
| On page 23 of this PowerPoint from SCOforum 
| 2007 about open source tools SCO provided, 
| you will see that SCO recommended installing 
| "GNU binutils" with OpenServer 6. And on 
| page 26, they listed all the places you 
| could get Skunkware. On page 30, they 
| suggested getting source code from the Linux 
| source RPMs, so as to get the latest 
| patches. And on page 37, it says that in 
| 2001, SCO "submitted UW7 changes to FSF to 
| standardize SVR5 triplet."
| In case SCO doesn't have any techies left, 
| here's a big hint for them. Binutils 
| includes ELF, one of the things SCO's expert 
| Dr. Thomas Cargill, claims is infringed. And 
| here's where they were still distributing 
| it, in 2006, and here and here. All 
| distributed under the GPL. I wonder if, at 
| trial, Novell will ask SCO's technical 
| witnesses about this. Did Ron Record, 
| Caldera/SCO's Skunkworks maintainer, ever 
| warn them that they were distributing 
| binutils under the GPL, and that ELF was in 
| there? Did anybody? If not, I'm sure IBM 
| will, when it gets its turn at bat. 


Answering SCO Bit by Bit - more a.out.h and errno.h and elf.h, this time in OpenLinux 1.3 

,----[ Quote ]
| Groklaw member valerio checked the contents 
| of Caldera Systems OpenLinux 1.3, a CD from 
| 1998, and you'll never guess what he found. 
| Yes, friends, the CD contains, in the 
| archive file col/install/RPMS/linux-kernel-
| include-2.0.35-1.i386.rpm, two files SCO 
| claims are infringing if placed in Linux:
|     /include/linux/a.out.h
|     and
|     / include/asm-i386/errno.h
| This is the second time we've caught 
| SCO/Caldera distributing these two files in 
| a Caldera distribution under the GPL, 
| despite its claim that it never authorized 
| them to be in Linux or under the GPL. The 
| first was copyrighted 2000, two years before 
| this instance valerio found. What? 
| Inadvertent twice? As you will see, they put 
| the files there themselves. In Linux. Under 
| the GPL. And now they want to sue people 
| using Linux because they are in there.



Litigation Utah-Style - the Hatch-Jenson (Robbins) Connection - Updated

,----[ Quote ]
| The Pelican claims sounded, frankly, weird
| to me when I first read them, including
| claims of Darl McBride and Robert Brazell
| setting up a website to defame Robbins.
| What legitimate businessman would do
| something that stupid, I wondered? And
| yet, look what I just stumbled upon in the
| Deseret News. A criminal case settled last
| year in Utah involving Jenson. Hatch's
| firm represented Jenson in that matter,
| too, and he is individually named as
| participating in the matter in numerous
| media accounts. The case is every bit as
| weird as anything in Pelican, with
| accusations of fraud, racketeering,
| reputational attacks on witnesses, and
| political pressure.


SCO is getting smaller and smaller

,----[ Quote ]
| SCO is downsizing. Ch. 11 Trustee Edward
| Cahn has filed a motion for the sale,
| transfer or abandonment of certain de
| minimis assets. They have also signed a
| new lease with Canopy, and they hope the
| court will approve it. The new lease with
| Canopy is for space more than 50 percent
| smaller than where they've been. So, no
| more feet on that huge desk in Darl's
| office. Remember that picture? Ah, yes,
| 2004. The bogo accusations. I call them
| the Bogo Years.


SCO CEO likely will be forced out of job

,----[ Quote ]
| Darl McBride said Monday he regrets that he is being pushed out as CEO of The
| SCO Group software company but not his decision to sue IBM and Novell,
| lawsuits that led to the company's bankruptcy and ultimately his departure.



In His Own Words: McBride

,----[ Quote ]
| Suddenly, all the "fat lady" and "it ain't over till it's over" metaphors
| were trotted out. SCO isn't dead yet, look out Linux fans!
| With all due respect to my colleagues in the press: puh-leeze.
| First off, most people with a modicum of sense knew the litigation wasn't
| over. With bankruptcy proceedings and the SCO v. everybody cases... there was
| very little chance that this was all going to fade away into the abyss. At
| most, all of these legal proceedings will enough new cash to keep things
| going faster--provided the court approves the restucturing plan. Which, as
| far as I know, the court hasn't approved yet. The York Group reorganization
| proposal was nixed, you may recall.


SCO Tried to Gag Groklaw in 2004

,----[ Quote ]
| So SCO tried to gag Groklaw beginning in 2004. It moved on to
| false insinuations to journalists, ugly innuendo during a conference
| about me and Groklaw, having friendly journalists with PIs try to
| dig up dirt on me, a massive astroturfing campaign all over the
| internet, and then finally to intimidation with their recent motion.
| Well, I'm gagging, all right, but not in a good way, and certainly
| not in the way SCO hoped.
| I will respond like this, seriously for a moment. This is America.
| I am an American citizen. I was born here, born to certain rights
| as my birthright. I'm allowed to cover this litigation without
| being harassed and intimidated or threatened or gagged. I'm
| allowed to present facts that disprove SCO's public allegations.
| I am allowed to write what I believe is the truth, and I'm
| to present research about the allegations.

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