Robert Pogson

One man, closing all the windows.

Daily Archives / Tuesday, March 23, 2010

  • Mar 23 / 2010
  • 0

SCO v World Bombshell

This is in a report on GROKLAW:

“Novell’s Mr. Brennan asks, When you were presenting to potential customers, you were referring to pre-APA versions?

Mr. Tibbitts answers, In part, yes.”

So SCOG showed malloc code comparisons and preliminary versions of the Asset Purchase Agreement to fool suckers into buying SCOSource commitments not to sue. When the malloc code had been widely discussed after being publicly showed, this is fraud, pure and simple, because the preliminary drafts included transfer of copyright at some point. The final version and the amendments stated explicitly that copyrights were excluded generally. Copyright for manuals was transferred, not for code.

Here are some excerpts:

  • Excluded Assets “V. Intellectual Property:
    A. All copyrights and trademarks, except for the trademarks UNIX and UnixWare.”
  • Amendment 2 changed this exclusion to “All copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies. However, in no event shall Novell be liable to SCO for any claim brought by any third party pertaining to said copyrights and trademarks.”

This wording was chosen because Novell was not even sure it had legal copyright to everything and Santa Cruz Operation certainly did not need copyrights to carry on the business which it did for years. This certainly is not a transfer of copyright in the ordinary senses of the term. SCOG was faudulently collecting millions for not suing people over violation of a copyright they did not own.

The malloc code is stuff that was released years ago by Caldera and certainly is not something SCOG defended in the SCOG v IBM case. Judge Kimball expressed astonishment at how little evidence SCOG presented after years of discovery and litigation.

If a corporation cannot be jailed for fraud, its officers should be.

  • Mar 23 / 2010
  • 4

M$ “Invents” Chroot

Sorry, guys, we’ve had that for years. Another marketing guys ploy got in the way of migration to “7″ so they took away the requirement to use virtualization. .

Wake up! M$ is jerking your change. Chroot has been around in the ‘NIX world since 1982. They tried to get you to buy new hardware to run “7″ and XP by virtualization but you realized your present hardware was adequate. Don’t migrate to “7″, just because M$ wants more money. What’s in it for you? … Nothing. That’s what I thought. When they finally succeed in killing the monster they created, XP, if you have to switch, switch to GNU/Linux because it works for you and not against you. GNU/Linux works better on the first day than that other OS after its first service pack because it is open and free.