[NTLUG:Discuss] SCO History article -- SCO v. IBM != SCO v. Linux IP

[Bryan J. Smith]

From: Will Senn <will_senn at comcast.net>
> Not gonna argue with you on these points, they're well made and likely 
> dead accurate- sad to say that I fall into the - if it looks like a dog, 
> barks like a dog, etc. crowd - SCO's lost it in my universe - they 
> should lose - just coz.

>From our standpoint, yes.
>From the market standpoint (thus affecting their PR/Linux licensing
efforts), yes.
But from SCO v. IBM in a _legal_ setting, um, no.

Which is why we need to _educate_everyone_ that SCO v. IBM is _not_ SCO
v. Linux IP.  Because if SCO wins on some counts, the ignorant IT media
and MCSE lackies will be all over it.

> More of that dog smell...

Right.  It's about a contract dispute, not Linux IP.

> woof, woof...

Woof, woof right down to the "SCO wins against IBM on counts X, Y, Z."
Be careful dude!

> By now it should be clear to you that you should be glad that I'm not 
> judging this case, huh?

I would _love_ to judge this case.

IBM has done the GPL _proud_ since SCO addendeum'd the case in May 2003.
They have taken the indemification issue _head_on_ in FSF-style fashion.

But I still blame IBM 100% for SCO suing them.  SCO might have gone by
the way-side anyway, without IBM screwing them over.  But with IBM being
100% _unethical_, they _guaranteed_ SCO wouldn't have a fighting chance.

Before SCO made the addendeum to the lawsuit in May 2003, SCO was a
"little kid getting beat up by a bully," namely IBM.  IBM is big.  IBM
has lawyers.  IBM won't let anyone get in their way.

IBM customers trying to buy HP Proliant DL585 (quad-Opteron) servers
running Linux/x86-64  are feeling it right now.  IBM doesn't want Linux
to invade its Power/AIX5L space.  So now Linux is "in its way" as well.

There is a lesson to be learned from this.  Unfortunately, too many
Linux bigots are missing the "big picture."  SCO v. IBM is _none_ of our
business.  However, SCO v. Linux IP is.

> Well now, that's sort of true, but they track all related developments 
> these days and the contract dispute is there as well.

Of course, because SCO _stupidly_ made addendeums to it about Linux IP.
Why?  PR.  If they can win against IBM on the Monterey stuff, they
_hope_ the "smokescreen" they've built up will causes everyone ass-u-me
that they have won against Linux IP.

> There's no otherwise - the two are inextricably tied in the court, that 
> is public opinion - when SCO wins a motion - I get flamebait emails from 
> my Windows zealot buddies - even if it's as simple as a change of venue.

Exactomundo!  That's why IBM is _not_ our friend in this case.
Even if IBM is arguing many post-May points successfully, like the FSF
would, they are _not_ our friends in this case.

> You are going to need a lot of sleep, then - cause anything remotely 
> tied to the moniker SCO is going to reflect on Linux even if SCO 
> petitions the local government to put up a new sign on the street corner 
> there will be an association made to Linux in the press:
>     SCO Wins Landslide Victory in Pursuit of Right to Exist- deals Linux 
> heavy blow - Puts Anti Linux Slogan on Main Street...

Exactomundo.  But if we proliferate it _now_, then it will be harder for
them to do so.  Again, seeing Linux bigots call for the end of SCO v.
IBM with a petition only furthers the ignorance.

> <troll>Are you looking to start a war - it's not GNU, it's Gnu's Not 
> Unix and should Linux even be in the name?</troll>

No.  I'm saying that anything _technical_ should state that Linux _is_ a
GNU system.  It is.  GNU/Solaris is around the corner too.  It's a
_huge_ indicator in how Linux is _not_ UNIX.

> Shucks, I'm serious though - SCO should apologize for the Linux IP 
> nonsense and then proceed with suing IBM over the contracts, until such 
> time, I stick with my emotionally charged opinion that they should not 
> be allowed to win.

Unfortunately, SCO didn't get IBM to settle.  So it was either let the
company die or give into the shareholders.

> Thanks for the lively discourse by the way, your voice of reason in a 
> sea of emotion is refreshing,

And I appreciate your appreciation and interest.


-- 
Bryan J. Smith, E.I. -- b.j.smith at ieee.org