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"Invoice is in the Mail, Says SCO"


2003-08-12 02:28:32 AM
kylix0
Posted at www.linux.org/news:
www.cbronline.com/latestnews/6b61a1cf114f8aa480256d7f0018bb99
Regarding this supposed plan, does this constitute mail fraud,
there being no bona-fide purchase from SCO or adjudicated
right to money? Or is this valid under the UCC, to cast hooks
into the seas to see who they can get to bite? (I think anyone
getting such an invoice should write back immediately that
SCO is mistaken and the recipient owes no debt to them.)
 
 

Re:"Invoice is in the Mail, Says SCO"

Well from another's comment on the subject I read, they can sell a license
for $1 just to drum up PR. I would take all this with some reservation.
Chris Woodruff
"Walter" < XXXX@XXXXX.COM >wrote in message
Quote
Posted at www.linux.org/news:
www.cbronline.com/latestnews/6b61a1cf114f8aa480256d7f0018bb99

Regarding this supposed plan, does this constitute mail fraud,
there being no bona-fide purchase from SCO or adjudicated
right to money? Or is this valid under the UCC, to cast hooks
into the seas to see who they can get to bite? (I think anyone
getting such an invoice should write back immediately that
SCO is mistaken and the recipient owes no debt to them.)

 

Re:"Invoice is in the Mail, Says SCO"

"Walter" < XXXX@XXXXX.COM >wrote in message
Quote
Or is this valid under the UCC, to cast hooks
into the seas to see who they can get to bite?
Well, judging from my inbox, there seem to be an awful lot of practitioners
so I guess it is probably legal.
 

{smallsort}

Re:"Invoice is in the Mail, Says SCO"

Walter wrote:
Quote
Posted at www.linux.org/news:
www.cbronline.com/latestnews/6b61a1cf114f8aa480256d7f0018bb99

Regarding this supposed plan, does this constitute mail fraud,
there being no bona-fide purchase from SCO or adjudicated
right to money? Or is this valid under the UCC, to cast hooks
into the seas to see who they can get to bite? (I think anyone
getting such an invoice should write back immediately that
SCO is mistaken and the recipient owes no debt to them.)

Let me get this strait, SCO will want get from us money for
unspecified intellectual properties to which ownership will be decided
in the courts, sometimes next few years? Furthermore, if we will pay
them, then we will receive nothing in exchange? Money for nothing?
Oh, no, I better pay them... they could revoke my parking privileges !
;-)
Linus said that "SCO is full of it" and IBM's lawyers thinks that:
"22. SCO devised a scheme to profit from the UNIX rights that it
acquired from Original SCO, though UNIX was in no way developed by
SCO. Although most, if not all, of the UNIX technology that SCO
purports to own is generally known, available without restriction to
the general public or readily ascertainable by proper means, SCO
undertook to create fear, uncertainty and doubt in the marketplace in
regard to SCO's rights in and to that technology.
23. Recognizing that there is little value in its UNIX rights, SCO
did not limit its scheme to that technology, rather, SCO devised and
executed a plan to create the false perception that SCO holds rights
to UNIX that permit it to control not only all UNIX technology, but
also Linux -- including those aspects generated through the
independent hard work and creativity of thousands of other developers
and long distributed by SCO itself under the GPL.
24. SCO undertook to carry out its scheme by, among other things,
(a) bringing baseless legal claims against IBM and threatening to sue
other companies and individuals, (b) conducting a far-reaching
publicity campaign to create the false and/or unsubstantiated
impression that SCO has rights to UNIX and Linux that *it does not
have* and that IBM and others have violated SCO's rights and (c)
otherwise seeking to condition the market to believe that SCO has
rights to UNIX and Linux that *it does not have* and cannot properly
enforce "
The full text of the IBM's counterclaims:
lwn.net/Articles/43592/
juliusz
--
InstallMade - Kylix-specific installer builder
creates InstallMade's standalone executables.
www.superobject.com/download/
www.superobject.com/installmade/
 

Re:"Invoice is in the Mail, Says SCO"

juliusz wrote:
Quote
Let me get this strait, SCO will want get from us money for
unspecified intellectual properties to which ownership will be
decided in the courts, sometimes next few years?

Unless you are one of the big boys, the I would say you have nothing to
fear personally. SCO is has said they will not go after individuals
but only major companies. I think this current article mentions 1500
companies. However, they may just be testing the water to see what
they can get by with. Something else interesting, is that according to
SCO, if SCO loses in court they will not be offering refunds for those
who do pay uip and buy a license.
One thing you can be amost sure of and that is that it is unlikly to
reach a jury verdict as these kinds of cases are almost always settled
out of court. It appears to amount to an extortion attempt by a
desparate company, who really is not planning on maintaining a presense
in the Linux community..
--
David Farrell-Garcia
Whidbey Island Software LLC