[linux-elitists] RH Declaratory Judgment as text
Karsten M. Self
Tue Aug 5 04:44:50 PDT 2003
I've transcribed the PDF to text at the http://sco.iwethey.org/ site:
- This looks like a filing that could be borrowed from heavily by
other organizations or individuals engaged in distributing
- 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
- 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
Again, fitting with the pattern of behavior argument, there is a
long, long litany of contradictory statements/actions from
- 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.
Karsten M. Self <email@example.com> http://kmself.home.netcom.com/
What Part of "Gestalt" don't you understand?
Backgrounder on the Caldera/SCO vs. IBM and Linux dispute.
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