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Novell Files Arbitration Request in Paris - The Jacobs Declaration
Groklaw ^ | 12 April 2006 | Pamela Jones

Posted on 04/13/2006 8:30:24 AM PDT by ShadowAce

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1 posted on 04/13/2006 8:30:26 AM PDT by ShadowAce
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To: rdb3; chance33_98; Calvinist_Dark_Lord; Bush2000; PenguinWry; GodGunsandGuts; CyberCowboy777; ...

More SCO News...

2 posted on 04/13/2006 8:30:57 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

Unless something totally deus ex machina happens here, it's over. SuSE will prevail under contract law in the ICC arena, and IBM's going to rip SCO a new one here in the States. It's all over but the screaming as IBM's legal department makes SCO and everyone associated with their side of this their new hobby.

What *I'm* wondering about is what happens after the SCO decisions come back - how bad is it about to get for Microsoft? IBM's still pissed about OS/2, and now here's MS trying to screw them again. And IBM possesses the resources to take on MS and win.


3 posted on 04/13/2006 8:41:46 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
...how bad is it about to get for Microsoft?

I'm not sure MS is legally connected to this at all. Of course if IBM is convinced that MS in involved, they may just come up with something to drag them into it.

4 posted on 04/13/2006 8:44:03 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

Microsoft money, funneled through an "investment firm" is what's currently keeping SCO propped up. Worst kept secret investment ever.

They tried an "enemy of my enemy" approach. IBM knows this. I think it's about to get really, really bad for Microsoft.


5 posted on 04/13/2006 8:46:56 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
Worst kept secret investment ever.

Yeah, I know. However, that is why I emphasized the word legally. Everyone knows what happened. Proving it may be a different beast altogether.

Regardless, it's gonna get real interesting from here on.

6 posted on 04/13/2006 8:50:18 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce
Wow! Talk about being burned, SCO really should have just tried one fight at a time. What I don't know (I am not a lawyer) is if the arbitration goes in favor of Suse how, if at all, does it affect the suit involving RedHat?
7 posted on 04/13/2006 8:53:09 AM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: ShadowAce

It's not going to be all that hard to prove - Microsoft's legal department isn't all that good, from all reports.

Even if they couldn't prove it, it doesn't matter. Microsoft tried to screw IBM again - IBM will find something or some issue on which to return the favor.

You do *not* attempt to f**k IBM twice and get away with it. Microsoft may have a dozen legal sharks over there - but IBM has the legal equivalent of a few hundred thousand hungry and angry pirhana. MS tried to make an end run around the old MAD scheme, and now IBM's going to make them pay for it.


8 posted on 04/13/2006 8:55:09 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: N3WBI3

It doesn't, unless SuSE bankrupts SCO with awarded damages (to the point where the MS backing disappears). RedHat was not a UnitedLinux signatory, so that case will continue.


9 posted on 04/13/2006 8:58:25 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: N3WBI3

I'm not sure about Red Hat--they were not a part of UL, IIRC. But it sure won't help :)


10 posted on 04/13/2006 8:58:39 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Spktyr
how bad is it about to get for Microsoft?

If MS is affected by this wit will be barely. I'm not one to think that Bill gates was pulling the strings on this one. I do believe MS had ulterior motives for suddenly licensing with SCO after the suit but that is not provable.

MS I am sure loves the FUD its getting out of this case, especially as they continue to strip down and push off their next OS but profiting off of others legal battles is not illegal nor in all honesty did they need the help.

11 posted on 04/13/2006 9:00:39 AM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: N3WBI3

Oh, I don't think that they're going to get caught out on this SCO issue. What I'm referring to is IBM taking revenge for MS's support of SCO by dredging up something to drag MS to court over.

Since even MS doesn't know what all is in the XP source code at this point, I think it's even money that there's probably some IBM code (or someone who IBM can buy just to sue MS with) in it.


12 posted on 04/13/2006 9:04:32 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: ShadowAce

This is amazing.If this write-up is even close to correct, SCO is going to get spanked both here and in europe. SCO stock should take a serious hit.


13 posted on 04/13/2006 9:05:41 AM PDT by zeugma (Anybody who says XP is more secure than OS X or Linux has been licking toads.)
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To: N3WBI3

And failing that, I'm sure IBM can find something else to shaft Microsoft with.

After IBM Legal gets done destroying McKnucklehead and company, Microsoft is going to become their next new hobby.


14 posted on 04/13/2006 9:06:24 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
IBM did not get where it is by being rash, I am sure they are using something MS has patented thats what MAD was all about. Either IBM will find a way to tie MS to SCO (if, infact, one exist) or THey will wait until MS does something else..

IBM would not profit from a fight with MS

15 posted on 04/13/2006 9:10:47 AM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: N3WBI3

That's just it - five years ago, that would have been true, However, I can't think of any current IBM product that uses anything that MS could have patented. Also, many of the patents they could have held over IBM's head have since expired.

IBM also didn't get where it was by letting people screw them, either. I worked with a company that twice attempted to screw IBM on contract law, and the reaction from IBM legal after the second attempt was breathtaking in its ferocity and rapidity. I have *never* seen a corporate counsel's face turn ashen that fast.


16 posted on 04/13/2006 9:16:52 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: zeugma
If this write-up is even close to correct, SCO is going to get spanked both here and in europe.

The way I'm hearing it, there's no way this ends well for SCO in regards to the arbitration. Then, which will further punish them, the results of the arbitration will be accepted into the court record back here in the U.S. as a matter of (proven) fact.

Since it will be part of the trial record, even parties not included in the UL group, such as IBM and Red Hat, should be able to use the results of the arbitration in their cases as well.

17 posted on 04/13/2006 9:19:30 AM PDT by kevkrom (Posting snarky comments so you don't have to)
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To: ShadowAce

I was wondering when the old United Linux deal would come back and bite SCO in the ass. Sun had to purchase indemnity for over 100 million dollars in the 90's, but Novell may have gotten it for the stroke of a pen on a contract.


18 posted on 04/13/2006 9:19:52 AM PDT by DesScorp
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To: ShadowAce
I was hoping that when posting such obscure and acronym-laced articles, you might include a two sentence synopsis of the legal conflict.

Not all of us are immersed on the digital world 24/7...

19 posted on 04/13/2006 9:19:56 AM PDT by Publius6961 (Multiculturalism is the white flag of a dying country)
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To: Publius6961
Sorry.

SCO sued IBM for contract breach and copyright infringement in regards to the code IBM has contributed to Linux. SCO also claimed UNIX copyright, and sued Novell. SCO also sued DaimlerChrysler for breach of contract.

Red Hat has sued SCO for other things as well (I can't remember specifics off the top of my head).

SCO is getting spanked like a wet monkey on all fronts.

20 posted on 04/13/2006 9:23:39 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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