09 Aug 2005
Two years after SCO accused IBM of illegally using its intellectual property in Linux, the Utah-based company has dramatically softened its tone. But this change of attitude does not mean that SCO no longer believes that Linux is infringing on its copyrights.
SCO does accept, however, that the verbal and legal mud fights were taking their toll on employees and keeping it from the core business of developing software.
Further reading
The day before the official start of LinuxWorld, vnunet.com sat down with SCO's chief executive, Darl McBride, at the company's annual SCO Forum in Las Vegas.
The event took place six weeks after SCO unveiled version 6.0 of its OpenServer operating system, which has been hailed as a good upgrade for existing users. SCO claims an installed based of about two million licences.
If you had five minutes at LinuxWorld to address the delegates, what would you tell them?
I would ask that both parties sit down and recognise what is going on here. It feels like a civil war going on among the Unixes. Meanwhile there is this other competitor called Windows that is capturing the opportunity.
There is a story in the Wall Street Journal today in which the CIO of Tommy Hillfiger said: "We are bailing out on Linux because of predictability problems and a lack of reliability." So they are going back to Windows. Those kinds of deals should be going to Unix on Intel.
We've got a good part of the solution [with OpenServer 6.0]. But it appears that we are going through this big death match for another few years now. I believe that the people we are competing against, even though they put out press releases to the contrary, know that we have intellectual property problems.
They are trying to mask those problems with massive PR campaigns. We are ready to fight it out, but there are probably other ways to go at this.
What do you mean?
In terms of the problems we have vis-à-vis Linux, if the other side would sit down and recognise what these problems are instead of just glossing over them, we would come to a resolution much quicker.
What would such a resolution look like?
We think we have been damaged pretty severely with respect to our intellectual property. One opportunity is for the people who are out there pushing Linux to sit down and work with us to see how we can get a resolution.
Short of that, we are set to go to the full conclusion. The case is not winding down, it is gearing up. In the meantime we are focused on enhancing and developing the next generation of Unix.
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Do you agree?
SCO v IBM
I firmly believe that IBM stole SCO Intellectual Property, and that their case has significant merit. Big corporations have been steal IP from small companies for years. USC Title 17 law is specifically designed to do this. Patent law only works for big companies. Can SCO win? I don't know. But, what I do know is that SCO software prices have exploded over the years, and the quality of their software is poor. SCO is so far behind the times I don't know if they could ever catch up. R&D has been dead for years at SCO. Is OS 6 going to be just like going from 5.05 to 5.06? Lots of hype, with little reward to users. I bet OS 6 is a worthless pile of code. As a software developer, I just cannot see how SCO could possible catch up. Even with all the money they could possible win from their litigation with IBM. That is what happens when you the squeeze the company for profits at the expense of R&D. SCO has dug themselves a huge hole long before they discovered IBM's thief of their IP. They spent close to a decade working at completely pissed off their customer base by failing to deliver a viable OS. They have thoroughly angered the rest of the world. And worst of all, they let Microsoft get so far ahead of the pack, that the Unix world will never recover. I strongly believe that for the computer revolution to continue, we need healthy competition. I think that SCO took the wrong steps with the litigation and they have now sealed the fate of this ever occuring.
Posted by: Mike 04 Nov 2006
Intellectual property rights
SCO has an absolute right to litigate in this case. To attempt to persuade against this is to either have a ulterior motive/agenda or to be ignorant of the facts. As a 25 year UNIX veteran and a long time user of SCO Unix this is clear. If my intellectual property was stolen I would litigate. 99% of people would be angry at theft of their intellectual property. Time to be less hypocritical and more realistic. I have checked the source code in Slackware for System V semphore handling, for example, and it is indeed a complete crib. For those who think those brilliant Linux developers did a great job, consider it is all stolen code from UNIX system V and berkeley implementations. If you want to use a free Unix use something a little more original like NetBSD.
Posted by: Don Youdale 16 Feb 2006
Never Again
I used to sell and install SCO products, but gave up on them when ther started their legal action. As they say themeselves, this is damaging the whole *nix world, and I think they should give up now. I f they have definite proof of their case, why don't they publish it for all to see? It can't be too hard to show where code has been copied.
Posted by: Greg Ambrose 16 Oct 2005
Used to be a SCO fan - not any more
I used SCO OpenServer for years - with a recruitment product called Adapt. I wouldn't touch it now. SCO used to be a software development company - now it is an asylum for the legal profession.
Posted by: Anon 06 Sep 2005
Craig Holmes, Arlington Industries
Tom Sanders quotes Craig Holmes of Arlington Industries: "I kind of close my eyes to it," said Craig Holmes, a systems analyst with Arlington Industries, in a reference to the legal claims. "SCO is a solid company." Is he employed by the Arlington Industries which maintains its website at http://www.arli.com/ ? Registrant: Arlington Industries ATTN: ARLI.COM c/o Network Solutions P.O. Box 447 Herndon, VA. 20172-0447 Domain Name: ARLI.COM Or is Craig Holmes employed by a different Arlington Industries? Just checking...
Posted by: Ned Ulbricht 10 Aug 2005
SCO: Don't Humiliate Us In Public Please !
As usual, a relevant and insightful commentary can be found on Groklaw (see http://www.groklaw.net/article.php?story=20050809025420675) Unfortunately for McBride, the commentary rightly points out that SCO, having now failed in its attempt to bully and harass its way to success, would dearly like to divert the attention from the lawsuits. Unfortunately for them their acts will carry some consequences. I personally feel that dissolution of SCO now seems likely. Furthermore lawsuits against individual corporate officers for acting in bad faith may not be too far-fetched either. Good riddance I should say.
Posted by: Golodh 10 Aug 2005
Press Manipulation 101
Quote from darl... "Well, I'm used to having legal battles. I'm not used to breaking my commitments." Let's focus on the reality here... 1) all the lives and jobs SCO has disrupted because of bitterness and greed. 2) no proof to support their claims This case has no merit whatsoever regarding Linux and SCO knows it. But, they will use Linux as a tool to attract sympathy support for their poor products and failing company. IBM was right to weed you out darl because you're no good. Stick with litigation, it's all you've got left.
Posted by: da truth 09 Aug 2005
Darl conveniently forgets . . .
. . . that IBM, Novell, and Red Hat claim the the SCO Group violated IP and the Lanham Act. So, it's not just a matter of SCOX not winning, but of losing and being bankrupted by damages. This isn't just about SCOX claims that IBM/Novell/Linux have stolen IP from them. The counterclaims are that SCOX has stolen from Linux and IBM and has falsely claimed copyrights not belonging to them. Is this Darl's last hurrah? Will Negrin be replacing him? Are there behind-the-scenes negotiations for SCOX survival taking place. Stay tuned.
Posted by: M. Leo Cooper 09 Aug 2005
Tell us the problems...
"In terms of the problems we have vis-à-vis Linux, if the other side would sit down and recognise what these problems are instead of just glossing over them, we would come to a resolution much quicker." If SCO would actually say what the problems are, by providing proof instead of just speculating in court, then maybe the other side would sit down and talk about them.
Posted by: Anonymous 09 Aug 2005
Oh please
This guy just continuously keeps talking out of his backside... It has been established by SCO themselves that there is no stolen code (just read their own memo's), and what's more: what copyright? SCO does NOT own the copyrights to Unix, Novell does. Oh, what's the point. And then that hilarious comment about Microsoft benefitting from the fight between SCO and IBM. He knows perfectly well that was the whole point, and that's where the money came from for all this litigation anyway. I honestly don't know why journalists are still interviewing this guy. What a waste of bandwidth.
Posted by: Chris 09 Aug 2005
It's too late
Sit down and talk? About what? The only reasonable solution is that SCO close its doors, Darl throws himself upon the mercy of the courts, and tells all about the Microsoft and Sun license deals and the Royal Bank of Canada and Baystar sucker-deals engineered simply to pump up the value of the stock and fund this lawsuit. The stupidity must END, Darl. It could have been _your_ company that was bought by Novell, but since you decided to play "Gene Pool Strength Test" with a bear (IBM), you deserve what you got. You drove the company into the ground and the only victory you'll get is if you keep your butt out of jail. What, me bitter? -- BMO
Posted by: Boyle M. Owl 09 Aug 2005
will wonders never cease!
This reminds me not so much of a "softening of stance" but of a complete and utter compitulation. However the same old same old is passing Darls lips, just in another form.
Posted by: Peter 09 Aug 2005
What is darl on about?
"In terms of the problems we have vis-à-vis Linux, if the other side would sit down and recognise what these problems are instead of just glossing over them, we would come to a resolution much quicker." For over two years now the Open Source community has been asking what is supposed to belong to SCO in the linux kernel and they are still waiting. Even the judge in one of his recent filings questioned the lack of evidence SCO had filed. On top of that SCO have still not produced any evidence of any copyrights they own. Surely if they owned the copyrights they would at least one piece of paper showing the transfer between NOVELL/OldSCO/NewSCO (And I don't mean the APA as that does not specify exactly what copyrights were transfered.). TWO YEARS and still not 1 line identified as belonging to SCO ! That is why people don't believe SCO. And now we have the rush of PR coming out of SCO. Are they scared of something? Also in reference to Darl's open letter. Once upon a time the current SCO was called Caldera which was a Linux only company, They never mentioned to the customers that Linux was such an unsupported/ unstandard/ uncaring OS. So were they lying then or now? M. PS. See groklaw for more breakdowns about the recent rush of sco PR.
Posted by: Me 09 Aug 2005
Next Stop - Judgement for IBM & Bankruptcy
Personally, I hope the litigation continues till judgement. From all I read, SCO has no real footing (from a litigation perspective) and the company will be left with mountains of legal fees. SCO should reap what it sowed and should be broken-up for pennies on the dollar.
Posted by: Ed 09 Aug 2005
sit down for a resolution?
Ummm...hasn't the Open Source community (that rallies behind Linux, not Unix) been asking exact infringements for nearly two years? There's no sitting down about it, the Open Source community will fix the infringements once they're proven, and it doesn't take a court to prove them. It's been SCO the entire time that has no evidence of infringement for them to be resolved. And who was the firestorm of controversy last year? Who was publish "Open Letters" last year? Who was sending threats to customers of Linux vendors last year? Darl McBride himself! He's incredulous. He acts like the victim while he's the perp.
Posted by: asacan 09 Aug 2005
Stool Softener Maybe
SCO softened their stance? Not even. This is simply a call for someone to cough up some cash to make them go away. Strong-arm, bullying didn't work, so, let's try the soft arm bullying. Darl is still trying to get someone to pay him for something he doesn't own and never has. If it was all so simple to clear up, WHY didn't Darl and Co. do so when asked by the Linux community? "Show us what is your's and we'll fix it!" Over and over again that was stated. But SCO did not want a solution then and they don't want one now. That isn't the issue and never has been. Money is the issue. Darl is fast running out of time and money. Better make up quick Darl, cause you ain't got long.
Posted by: Anon 09 Aug 2005