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Posts tagged as “sco”

SCO, the Not-Walking Dead, Returns

It appears that the once cancelled SCO Show has again been rebooted after a federal judge okays an appeal.

SCO Logo

SCO. There’s a name I’ll bet you thought you’d never hear again. Guess what? It’s back.

Wasn’t there a Bond film called “Live to Die Another Day.” Even if there wasn’t, that applies here.

SCO Again Returns From Dead, Plans Appeal

FOSS Force has learned that we shouldn’t write obituaries until we actually see a death certificate. SCO intends to file an appeal over the dismissal of its case against IBM.

On Feburary 29, we told you that SCO was “undeniably and reliably dead” after the company signed off on Judge David Nuffer’s dismissal of what remained of its case against IBM. Guess what? We were wrong. The once upon a time Linux and Unix company, which developed and distributed the Caldera GNU/Linux distribution, evidently has not yet been pulled from life support. On Tuesday, the company filed notification that it intends to appeal Judge Nuffer’s ruling to the United States Court of Appeals for the Tenth Circuit.

SCO Is Undeniably and Reliably Dead

On Friday, IBM and SCO filed an agreement with the US District Court in Utah to accept a ruling of dismissal of the last remaining claims by SCO against IBM.

It appears as if SCO’s case against IBM, which began as a blustering tornado back in 2003, finally died with a whimper last week. The death notice came in the form of what is essentially a one page agreement between SCO and IBM which calls “for certification of the entry of final judgment on the Court’s orders concerning all of SCO’s claims….”

SCO LogoSCO LogoThe agreement goes on to state: “There is no just reason for delaying SCO’s appeal from such Orders, as the final resolution of SCO’s claims may make it unnecessary, as a practical matter, for the Court to decide the several pending motions concerning IBM’s counterclaims, given SCO’s bankruptcy and its explanation that it has de minimis financial resources beyond the value of the claims on which the Court has granted summary judgment for IBM.”

In other words, there’s no reason to continue since SCO is bankrupt and the only assets it has left are its claims against IBM, which have already been pretty much ruled as off the table.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

SCO v. IBM: Judge Rules for IBM in Interferance Claims

Judge grants IBM’s request for summary judgement and orders parties to reach dismissal agreement by February 26.

Two SCO stories in a week? As Yogi Berra would say, it’s 2003 all over again. But this time with a big difference. It’s almost over.

I told you on Monday that Judge David Nuffer with the US District Court in Utah had shot down SCO’s attempts to bring an action for Unfair Competition against IBM because the issue is already covered by another breach of contract claim by SCO. On Tuesday, Judge Nuffer issued a ruling on a pair of interference claims which effectively takes whatever winds were left out of SCO’s sails.

Bankrupt SCO, of course, lost their big $1 billion case against IBM long ago when Novell, in a separate case, proved that it, and not SCO, owned the copyrights that SCO was suing over. But SCO’s been struggling to stay alive, hoping to at least win a few bucks from IBM as compensation for all it went through.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Judge Says ‘No’ to SCO

Just when you thought it was safe to get back in the water, SCO rises from the dead

Ha! Guess who’s back in the news? Even as a ghost, SCO is trying to pickpocket IBM’s wallet. Well, it’s not a ghost exactly. It’s brain dead and on life support, but just alive enough to seek yet another day in court.

Judge David Nuffer with the US District Court in Utah gave SCO another day in court last week and returned a judgement against the bankrupt company.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

When SCO Was Cool

The headline sounds like heresy, I know, but put down those pitchforks and torches and hear me out. By now, you’ve probably all heard the news that the zombie lawsuit brought about by SCO against IBM has reared its ugly head and has started bellowing “braaaaaaains” once again.

But the fact of the matter is this: At one time, SCO was cool.

SCO logoSCO logoSCO started out here in my neighborhood, essentially, in Santa Cruz, California. It was called The Santa Cruz Operation (hence, SCO). That manifestation of SCO was founded in 1979 by Larry and Doug Michels, a father and son, as a Unix porting and consulting company which, over time, developed its own brand of Unix. In his book “The Art of Unix Programming,” Eric Raymond calls SCO the “first Unix company.”

Larry CafieroLarry Cafiero

Larry Cafiero, a.k.a. Larry the Free Software Guy, is a journalist and a Free/Open Source Software advocate. He is involved in several FOSS projects and serves as the publicity chair for the Southern California Linux Expo. Follow him on Twitter: @lcafiero

Old FOSS Friend & Foe Represents Sony in Hack

Folks who follow news about FOSS, OSS and Linux who also watch the “talking heads” shows the TV networks serve up on Sunday mornings might be excused for not noting that David Boies, the lawyer speaking for Sony on this week’s “Meet the Press,” has on several occasions been involved in news stories affecting Linux. Over the years, he’s played the role of both friend and foe, but it’s been a while since his and the FOSS world’s paths have crossed.

David BoiesDavid Boies
David Boies speaking at the Berkman Center for Internet & Society at Harvard University.
Photograph by Doc Searls
Back in the days of the Clinton Administration, Boies became something of a hero to FOSS and Linux supporters when he represented the Justice Department in “United States vs. Microsoft,” which went to trial in May of 1998. This antitrust suit by the U.S. Department of Justice and the Attorneys General of twenty U.S. states, found Microsoft being accused of illegal and unfair competition. In October of the same year, the U.S. Department of Justice also sued Microsoft additionally for violating a 1994 consent decree by including Internet Explorer as part of Windows.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

SCO & NSA: The Great Digital Whack-A-Mole Game

Other than PJ, there’s not a character from the SCO saga that I would like to meet face to face.

Not Blake Stowell, even though he knows what went down behind closed doors at SCO and is the most likely candidate to tell what really went on inside the company. In those days he was SCO’s Director of Corporate Communications, the person who had to put a palatable spin on his boss’s actions. These days he’s working as PR Director for Omniture, a data mining company with questionable practices that’s owned by Adobe. Before his tenure at SCO he spent time working for Novell (no surprise) and Microsoft.

I especially have no interest in meeting SCO’s old CEO Darl McBride, the thug who now spends his time being President and CEO of Me, Inc., a renaming of SCO Mobility which he purchased for $100,000 in 2010.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Is Rockstar Android’s SCO?

Am I the only one who’s been having a bit of SCO déjà vu when it comes to Rockstar’s suit against Google and a bevy of Android handset makers?

You remember SCO, don’t you? They’re the company, once a major Linux player with the Caldera distro, that bought the rights to Unix then turned around and sued IBM for $1 billion, claiming that Big Blue had been copying Unix code into Linux. They’re also the company that sued two of their former clients, AutoZone and Daimler Chrysler, for moving to Linux. Trouble was, they had nothing, not even the copyrights to the code they claimed had been infringed.

SCO logoSCO logoThere’s plenty about Rockstar vs Everybody Android to remind me of the SCO fiasco. Enough so to make me wish we still had PJ and Groklaw to take care of the play-by-play. Last week, Google returned fire. Wouldn’t it be nice to have PJ’s take on this?

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

‘Who Don’t You Trust’ Poll – The Biggest Loser Is…

It will probably come as no surprise to anyone that Microsoft topped the list in our “Who Don’t You Trust” poll. That’s the poll, launched on May 27th and closed on June 20th, in which we asked the question, “What tech company would you least trust to manage a FOSS project?” 411 people took the poll, which might be characterized by it’s lack of surprising results. In fact, we have to go to nearly the bottom of the list to find some small surprises.

“Old” Novell Board Faces Shareholder Lawsuit

Novell is back in the news.

Not the downsized “new and improved” Novell owned by Attachmate, though they have briefly been a part of this story. We’re talking about the old, basically inept Novell–the company that once practically owned enterprise networking back in the day when Bill Gates was shortsighted enough to believe that the future of computing was in stand alone and unconnected boxes. You know, the Novell that was second cousin, by way of Raymond Noorda and the Canopy Group, to SCO. The same Novell that decided to save their proprietary business by embracing open source and buying the SUSE Linux distribution in an attempt to reposition themselves as a poor man’s IBM sans hardware.

In case you’ve forgotten–a couple of years can seem like several lifetimes in the tech world–this is the company that managed to sell the rights to UNIX to SCO without selling the copyrights. The company that, although mistrusted by many of us in the FOSS world, stepped up to the plate and spent a pocketful of cash defending these copyrights, thereby directly defending IBM and indirectly defending Linux.

Christine HallChristine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

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