[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:



  - 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 <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.
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