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You would have thought that SCO would at least get their stories straight after all this time. If their head honchos can't tell the same story then they are weel and truly up the creek without a paddle.
There are many people who want sco to lose and do so badly but I expect that they all thought that a better fight would be put up when they got their day in court.
IANAL etc, but if they continue to contradict themselves they will severely limit their ground for an appeal in the future. That always assumes they have not gone to Chap 7 by then...
In all fairness to him Chris Sontag has moved on and is now working for a different company. It is not in his interest to lie in order to maintain a unified front for SCO against Novell, IBM and RedHat. Attempting to do so now would only risk getting nailed as a criminal perpetrator, co-conspirator or accessory. His testimony rings true to me since he was a PR guy and not a real techno-type. He is no longer part of the fraud ; trying to help them now would no doubt endanger his present job unless he needs to display some misplaced sense of loyalty in order to stay with his current employer. That will be Darl's only functional future resume highlight: I'm not afraid to lie when it's needed by the company!
Darl has to continue to try to maintain the facade that SCO acted reasonably and responsibly and that this is all just a big mistake on the part of those counter-suing and/or making Lanham Act claims against SCO. But once the [counterclaim] prosecution lawyer got him to assert that what he put in the SEC filings was true then what he is saying now about licensing fees, the meaning of the licensing agreements and the relative values of SysVrX and Unixware of code must be false.
I think everyone who has ever seen the sun, including Darl, knows that this was just a ploy to begin with, but Darl can't ever admit that because it would put him in a variety of hot water.
We don't tend to punish people for being the town idiot, but we do punish people for doing things like taking advantage of the stock market, etc.
Darl is doomed to parrot this nonsense the rest of his life, I think.
SCO is dead, he only state things, as did Steve Balmer. The matter that most Linux users don't care. Even enterprises. The same happened when MS was attacked cause they break the MP3 patent. The user are not concerned. The buzz-word is Linux, the good thing is only that peoples cares about Linux and make them known with all that words, instead to get that fear! OS X is "very Linux like, very much so!" look at the first presentation: http://www.youtube.com/watch?v=Ko4V3G4NqII (is Linux-like). The thing that matters, is that process-separation, and etc. are like Unix from '77, but what matter, is that Linux is not at the '77 year level. As not Windows is at level of Windows 3.1 + OS/2. That is the foundation, but is not the OS/2, is much more improved.
SCO itself instead innovating will die as a bad image company, a company that will not compete with software, they compete with patents! Even they say that they bought the Unix copyrights, and is true, the image itself is bad: which company will take patents to sue you! What happend when Macrosoft, when will attack FreeDos, or Wine cause they emulate their stack of software? Or a company will say: TCP-IP is patented, and no one may use it without paying for it?
So, I will not care much on SCO if they will not offer more than patents portofolio!
SCO needs grow, elsewhere is a dead company for me and I will never buy it Linux or Unix from them if I will know that I will remain locked in with SCO. Migrating to any other simialar OS means to care on patent issues, so no reason to risk my future with a lock-in.
I will not take the today convenience for headache for tomorrow.
Edited 2008-05-01 20:56 UTC
RE[3]: Comment by kittynipples
Wasn't Mozilla a spin off of Netscape or something like that?
Sadly IE, until version 8, hasn't done very well (from a technical point of view) at making a really good quality browser that supports generally accepted standards laid out by the W3C. Of course that hasn't hurt it's ability to dominate the market, but it's made designing a compliant website a lot hard. Thanks for the innovation Microsoft. We could've done it without you. 
No. You have the wrong idea here.
"Copying" in a legal sense (ie in order to violate copyright) requires that there be a direct copy of the lines of code. There are no lines of code from Mosaic in Netscape. There are probably no lines of code left from Netscape in Firefox.
Just because two things perform the same function does not mean they are copies of one another.
Is a diesel engine the same as a gas turbine engine (aka a jet engine)? No? Is either one the same as a petrol engine? No? Are they copies of one another ... of course not. Yet all three of these different engine types burn hydrocarbon fuels and produce rotary motion.
Edited 2008-05-01 23:53 UTC
Actually, Firfox *is* Netscape, at least it's based on Netscape's source code.
IE *is* Mosaic "Based on NCSA Mosaic. NCSA Mosaic(TM); was developed at the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign." (From IE6 About... box), although IE7 apparently no longer contains any Mosaic code, it is still highly likely to have design/structure features inherited from Mosaic.
Netscape did copy Mosaic to an extent, but Mosaic was far from the first graphic web browser (WorldWideWeb, ViolaWWW and Erwise all pre-dated it).
That isn't copyright infringement (unless you copied their logo and/or artwork directly) - that's trademark and/or patent infringement.
These are completely different topics. It's unfortunate that people get those mixed up so much.
edit: added clarification on logo/artwork
Edited 2008-05-01 23:25 UTC
Thus Darl is a moron if he believes this is why Linux is wrong. " Linux isn't wrong ... in exactly the same way that any collaboration isn't wrong.
If we didn't have collaborative works ... there would be no innternational telephone network. There would be no shipping. There would be no international flights.
There would be no food industry, no agriculture. There would be no industry at all, in fact, without collaboration and working interfaces between the efforts of separate parties.
Collaboration ... in the sense of many parties working together to make separate small pieces work well together to form a wider system ... is an essential engineering process. Without it, our species would revert to living in caves.
It's like Firefox implementing HTML. Firefox is not copying IE, It's just implementing HTML.
Exactly so. Linux is a collaborative work of many parties ... it is an operating system that implements the POSIX standards.
There is nothing at all "wrong" with that in any way at all ... despite the greed and delusions of some corporate money-grubbing types.
UNIX is a family of similar operating systems and a trademark not an implementation. A set of specifications and tradition defines what UNIX is, not the origin of its source code.
To say that Linux is a copy of UNIX makes no sence. You could say that Linux is an implementation of UNIX or that Linux is a copy of SYSV.
Linux is not certified as a UNIX implementation but there is no theoretical reason to stop a Linux vendor to get a UNIX certification.
Do you remember the trial between AT&T and BSDI back in the nineties? Well it's important, the clarified it out of court. And guess why? Because there is (was) lots of BSD code in UNIX
http://www.lemis.com/grog/SCO/code-comparison.html
"The second example says nothing about Linux, since it's obviously not SCO code. It does, however, suggest that SCO is abusing the BSD license"
http://www.lemis.com/grog/SCO/code-comparison.html
If you have a single clue about the heritage of BSD you wouldn't ask such a silly question.
That's why they have standards as to how code can get into their system. For example, there was a really big audit of their code recently - shut down work on the project for a while to my understanding - to help prevent Microsoft from being able to make any claims as such (patents, etc. aside) like SCO is trying (and failing) with Linux.
it says "Application Anywhere"
http://www.microsoft.com/heroeshappenhere/testdrive/windows-server-...
System Check
Checking for the javascript support
This site requires JavaScript to be enabled.
Checking for IE6.0 or higher
This site requires IE6.0 or above.
Checking for the ActiveX control to be installed
"Application Anywhere" fails to run oh cant be anywhere then can it...
It was already old five years ago.
SCO said to IBM: "Linux is a copy of UNIX".
IBM said: "Show us where".
SCO said: "No, we won't. Give us money".
... at that point, all of five years ago, we already knew that there is no UNIX code in linux.
As mentioned above, UNIX is a specification. There are different implementations of that specification (or a specific version of the specification, to be exact), and only the Open Group (iirc) can "bless" ann implementation as UNIX. Linux, on the other hand is a unix-like OS. It implements much of the POSIX standard.
There is no such thing as the "UNIX" code. You can't copy "UNIX" code into your OS, it does not exists. However, there implementations of the standard that can be called UNIX. Thus, it would be more appropriate (technically, not actually) to say Linux is a copy of AIX, or Linux is a copy of SCO Openserver. Or you could say Linux took System V code. But you cannot say Linux is a copy of UNIX. Unless you are Darl, of course!
There is no such thing as the "UNIX" code. You can't copy "UNIX" code into your OS, it does not exists. However, there implementations of the standard that can be called UNIX. Thus, it would be more appropriate (technically, not actually) to say Linux is a copy of AIX, or Linux is a copy of SCO Openserver. Or you could say Linux took System V code. But you cannot say Linux is a copy of UNIX. Unless you are Darl, of course!
Sigh!
Linux is not a copy of AIX, and Linux is not a copy of SCO Openserver, and Linux is not a copy of any UNIX.
Linux is a new codebase, built from the ground up. It is a mostly-compliant implementation of the POSIX standard.
Just like the situation where, even though both Fords and Hondas have petrol-driven engines, a Honda engine is not a copy of a Ford engine, so too is Linux NOT a copy of any other POSIX compliant OS.
Period.
Get this word "copy" right out of your head.
Linux is an mostly-complete re-implementation of the POSIX standard, written by collaboration over the Internet (mostly via mailing lists) starting from the efforts of Linus Torvalds in about 1990.
Edited 2008-05-03 00:55 UTC
Well, you are wrong in your argument. BSD, SunOS, HP-UX, AIX, IRIX were all forked from the Unix Time Sharing System at one time or another. They probably do not contain much of that old code if any at all but most recent direct descendant is Novell UnixWare from 2004.
We all know a certain CEO of bankrupt company is a complete and total ID10T.
What ID10T and his group of ID10Ts were trying to do is to create a "golden retirement parachute" from the Linux and Unix legal suit they had in their mind's eye.
They took on IBM and IBM took their collective butts to task. Now they are up against Novell, which, by ruling, owns UNIX, not SCO, and it will be great to watch the village ID10T get his butt spanked again.
I thought Darl McBride was going to be replaced - have plans changed or has this just not happened yet?
http://osnews.com/story/19433/McBride_Ousted_at_SCO_Lawsuits_To_Con...
It's explained here, along with some other interesting history regarding Darl McBride that I did not know before:
http://en.wikipedia.org/wiki/Darl_McBride








