[linux-elitists] RH Declaratory Judgment as text

Karsten M. Self kmself@ix.netcom.com
Tue Aug 5 04:44:50 PDT 2003


I've transcribed the PDF to text at the http://sco.iwethey.org/ site:

http://twiki.iwethey.org/twiki/pub/Main/SCOvsIBMReferences/RH-Declaratory-Judgment.txt

Observations:

  - This looks like a filing that could be borrowed from heavily by
    other organizations or individuals engaged in distributing
    GNU/Linux.

  - There's a curious discontinuity on page 24 as remedies skip from 'E'
    to 'J'.  One wonders about F, G, H, and I.

  - Possibly minor nit.  In remedy B (page 24) and possibly elsewhere,
    the request / claim is made that Caldera/SCO copyrights be
    unenforceable.  Strictly, the request should be that enforcement be
    restricted to the terms of the GPL, which to information and belief,
    Red Hat is in full compliance.

  - Red Hat's claims to its own profitability are best not too greatly
    emphasized.  I believe there are only two recent quarters, at least
    since IPO, in which RH can make this claim.  Granted both fall
    within the past year.

   - The filing does a good job of representing Caldera/SCO's _pattern of
     conduct_.

   - A nice bone to RMS:  GNU/LINUX.

   - The letter fails to question Caldera/SCO's lack of due-dillegence
     in establishing clarity of intellectual property claims prior to
     and during the Caldera / Santa Cruz Operation transaction.

   - A quote which may prove useful to Red Hat:  "obviously GNU/Linux
     owes its heritage to UNIX, but not its code. We would not, nor will
     not, make such a claim."

     Interview with Jeff Gerhardt, GNU/Linux Journal, August 28, 2002
     http://www.linuxjournal.com/article.php?sid=6293

     Again, fitting with the pattern of behavior argument, there is a
     long, long litany of contradictory statements/actions from
     Caldera/SCO.

   - Red Hat doesn't address the Santa Cruz Operation's valuation of its
     Unix assets.  Given the low-value stock-swap and buyback, the
     purchase price for Caldera/SCO was far from the valuation suggested
     by Darl McBrides "You know, you pay more than a hundred million
     dollars for something" in the May 30, 2003 conference call.  More
     like $4m:  http://news.com.com/2100-1001-939881.html?tag=fd_top

     I'd had another source of this which looked into the stock
     mechanations more closely but can't track it down at the moment.



I'll leave it here for now.

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
  Backgrounder on the Caldera/SCO vs. IBM and Linux dispute.
      http://sco.iwethey.org/
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