Re: [SLUG] SCO Looses

From: xcalibre (xcalibre@mindspring.com)
Date: Tue Aug 14 2007 - 02:47:35 EDT


The thing is though everyone S.u.S.E., Red Hat, and a few others though have been working deals with Microsoft... Again this sounds like a gambler covering all bet's and poised to pounce...

Let's be honest it always calm before the storm... I am sure Redmond is ramping up for their assault for the next target... The thing is for a company that has been under such scrutiny you know they are still going after every and all of their competition working deals...

I'm sorry but Microsoft is going to put them selves in a better position each time and once the key pieces are in place you are going to see tons of changes...

I would like to see a investigation into each deal they are working with every Linux Company and also backgrounds done on everyone doing the deals...

Also what key pieces from each company is Microsoft going after or trying to buy??? Has anyone come clean with this yet???

J.M.H.O.

-----Original Message-----
>From: Paul M Foster <paulf@quillandmouse.com>
>Sent: Aug 12, 2007 10:38 PM
>To: slug@nks.net
>Subject: Re: [SLUG] SCO Looses
>
>SOTL wrote:
>
>> On Sunday 12 August 2007 17:58, steve szmidt wrote:
>>> On Sunday 12 August 2007 19:30, SOTL wrote:
>>>> On Sunday 12 August 2007 11:27, Paul M Foster wrote:
>>>>> William Coulter wrote:
>>>>>> Now that Novell is the owner of UNIX or UNIXWARE
>>>> That is not what the judge said despite what PJ said.
>>> After having read the ruling there are some points I don't see.
>>>
>>> Since they owned it to start with
>>
>> There is mistake #1
>>
>> Go back to the BSDi ruling. AT&T did not own Unix therefore Unix System Lab
>> did not own Unix thus Novel could not buy Unix. Unix has a long and troubled
>> history originally written much like Linux with all writers working for major
>> companies and/or major universities, the only internet access outside
>> government in those days.
>
>And yet, the judge said:
>
>"[T]he court concludes that Novell is the owner of the UNIX and UnixWare
>Copyrights."
>
>Could some other judge see it differently? Sure. What matters is what
>the *last* judge thinks.
>
>>
>>> hands. Thus until another ruling says otherwise Novell owns it.
>>
>>> You also called it a minor victory which guts the case very significantly.
>>>
>>> Finally, what is your background to argue these points, over a paralegal
>>> like PJ?
>>
>> I have no desire to get into a fight over the ownership of Unix with you.
>>
>> As far as PJ, PJ is not thinking at the current moment or reading what SCO is
>> saying. Wish I had saved the USL to the SCO sites so you could get a
>> completely different perspective.
>>
>> But, after all is said and done all this ruling was is answers to partial
>> summary judgments. It was not a resolution of the Novel suit. It was not a
>> resolution of the appeal which will certainly be filed. So it is only round
>> one. Lots of things can happen. Recall what happened to the judge in the
>> Microsoft case. This is not over.
>>
>
>I'm inclined to agree this does significant damage to SCO's case(s).
>Whether there will be an appeal or not depends on two things: 1) Do
>SCO's lawyers believe that a different judge would see the evidence at
>hand differently? SCO's case(s) was always exceptionally weak. Witness
>the massive changes to their claims over time, because they realized
>they couldn't win on this or that point. 2) Whether SCO will be in
>business or be able to afford to continue appeals. Yes, some deep
>pockets like MS could chip in, but they'll only do that if *their*
>lawyers believe they have a chance of winning on appeal. My guess is
>that this was a long shot that MS was willing to bankroll for a while.
>But I don't see SCO winning their current cases or their appeals. And if
>the lawyers agree, SCO might as well liquidate and open a burger franchise.
>
>Side note: lots of people whine about PJ, but she's closer to being a
>lawyer than I am. So while I don't take what *anyone* says as gospel,
>I'm generally willing to give her the benefit of the doubt. Considering
>the sources of many of the complaints I've heard about her, I don't
>place much stock in such complaints.
>
>Paul
>
>--
>Paul M. Foster
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