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Here's SCO's Reply to IBM's Amended Answer with Counterclaims. The most significant thing they say is that the GPL isn't enforceable or applicable, and in paragraph 16 that Linux is an unauthorized "version" of UNIX: "Denies the allegations of paragraph 16 and alleges that Linux is, in actuality, an unauthorized version of UNIX that is structured, assembled and designed to be technologically indistinguishable from UNIX, and practically is distinguishable only in that Linux is a 'free' version of UNIX designed to destroy proprietary operating system software." I'm guessing you have a few words to say on that. In their...

Press Release Source: The SCO Group, Inc. The SCO Group Closes $50 Million Equity Financing Thursday October 16, 5:16 pm ET $50 Million Private Investment Transaction Led by BayStar Capital Provides SCO With Funding for Future Software Development, SCOx Web Services Partnerships And Acquisitions, Future Licensing Opportunities and the Protection of the Company's Intellectual Property Assets LINDON, Utah, Oct. 16 /PRNewswire-FirstCall/ -- The SCO® Group (SCO) (Nasdaq: SCOX - News), the owner of the UNIX operating system, today announced it has received a $50 million private investment led by BayStar Capital, an investment fund that is a leader in providing...

IBM was the Dow's second-biggest loser after its revenues disappointed some investors and it warned that the technology sector has not yet bounced back. Its shares fell $3.46, or 3.7 percent, to $89.28.

SCO backs off Linux invoice plan Last modified: October 15, 2003, 3:24 PM PDT By Stephen Shankland Staff Writer, CNET News.com The SCO Group has backed off a plan to send invoices to corporate users in order to prod them into buying licenses for their use of Linux, an operating system the company argues violates its Unix intellectual property. In addition, the Lindon, Utah-based company has extended until Oct. 31 a deadline after which it planned to double prices for the Linux license. Previously, the company had said the prices would increase Wednesday. "The executives have said we haven't had...

IBM on Wednesday met analysts' average earnings estimate for the third quarter and said it saw the need for about 10,000 new jobs next year. Big Blue reported earnings per share from continuing operations of $1.02, up from 99 cents per share in the third quarter of 2002 and in line with the average estimate of analysts polled by researcher First Call. IBM's revenue from continuing operations for the third quarter of 2003 was $21.5 billion, up 9 percent year-over-year but shy of analysts' average expectation of $21.9 billion. Although IBM has been cutting jobs, CEO Sam Palmisano indicated that...

<p>How Linus Torvalds became benevolent dictator of Planet Linux, the biggest collaborative project in history.</p> <p>Linus Torvalds wants me to believe he's too boring for this story. The creator of the Linux operating system portrays himself as a mild-mannered soul leading a humdrum life, just another guy lucky enough to own a McMansion in the hills above San Jose courtesy of the money-mad late '90s. Before agreeing to meet me, Torvalds sent an email imagining that I'd be overwhelmed by the tedium of hanging around with the likes of him.</p>

Copyright Lawsuit Is Turnabout for SCO By JOHN MARKOFF Published: October 13, 2003 AN FRANCISCO, Oct. 12 - The SCO Group, the company that touched off a computer industry slugfest last spring by suing I.B.M. over its use of Unix software, may find itself embarrassed by a similar claim against a company once related to SCO. Since filing a lawsuit claiming that I.B.M. added parts of the Unix operating system to the freely distributed Linux software, SCO has threatened other computer companies, the open source software movement and hundreds of corporations that rely on Linux, saying they are unfairly using...

SGI compares Linux, Unix source code IDG News Service 10/6/03 Robert McMillan, IDG News Service, San Francisco Bureau An open letter to the Linux community published by Silicon Graphics Inc. indicates that SGI has conducted a comprehensive comparison of the Linux kernel and the Unix System V source code owned by The SCO Group Inc. According to the letter, authored by SGI Vice President of Software Rich Altmaier, SGI conducted an "exhaustive comparison" of the Linux kernel and the Unix System V source code, which turned up only "trivial" code segments that "may arguably be related" to SCO's software. The...

SGI code changes not enough, says SCO By Peter Williams [03-10-2003] SCO confirms revoke of SGI Unix licence on 14 October, despite code change work The SCO Group has insisted that changes made by Silicon Graphics (SGI) to some of its Unix code will not be enough to prevent termination of SGI's Unix licence. SCO plans to revoke SGI's Unix licence even though the latter claims to have removed all potentially offending code from its XFS journalling file system, now in Linux. But this does not go far enough, SCO has told vnunet.com. The licence is due to be terminated...

IBM's services arm has eliminated about 700 jobs in the United States. IBM Global Services this week laid off 720 employees as part of a regular review process, a company representative said. "The nature of the services business is that you have to have the right skill for the projects your doing at any given time and in the future," the representative said. The layoffs, which were scattered around the United States, affect less than half a percent of IBM Services' global employee roster, which numbers about 180,000, he said. The company employs about 315,000 worldwide. The job cuts come...

Here they go again. SCO has brazenly put up on their website the Powerpoint presentation from SCOForum 2003. And you don't need to sign an NDA to view it. It appears to be setting forth their legal position, including some cases that they seem to believe support them. Let's see if they do. And let's take a look and see what we can learn about the way they view their case. While it is missing whatever it was they said during the presentation at SCOForum, leaving some question marks in the air, it contains the following, which I will...

HP shells out for SCO road show By Ashlee Vance in Chicago Posted: 29/09/2003 at 13:52 GMT Starting Oct. 7, SCO users throughout the U.S. and Canada will have a chance to express their appreciation for the company's intellectual property defense program in an up-close, personal setting. The SCO City-to-City Tour kicks off in Toronto on Oct. 7 and then snakes its way through the U.S., ending up in Orlando, Florida on Oct. 29. Users who sign up for the get together will hear "messages, news, and product information" that are vital to running a successful SCO operation. One of...

BOSTON -- International Business Machines Corp. has filed new counterclaims against SCO Group Inc. in the closely watched case involving the Linux operating system, according to a memo sent to the IBM sales force. According to the memo, which was obtained by The Wall Street Journal, the new counterclaim charges that SCO infringed IBM's copyrights by distributing IBM's contributions to Linux after SCO had violated its Linux license by claiming a copyright on parts of Linux. IBM says in its counterclaim that SCO violated the general Public License under which Linux is distributed. The GPL requires Linux distributors to...

IBM to launch Linux technology center in South China ( 2003-09-23 19:27) (Xinhua) International Business Machines Corp. (IBM) Tuesday signed a memorandum with Guangdong Province for joint efforts to launch its second Linux technology support center in China, following the setting up of the first one in Beijing in June. The center will provide software testing, project and technology management services, and professional training courses, according to IBM. Linux, a server and personal computer operating system now in popular use worldwide, is of great use for the development of China's software industry due to its openness, security and lower cost....

<p>Sun Microsystems Inc. last week announced its Java Enterprise System and its Java Desktop, which will fundamentally change Sun's software pricing, delivery and licensing models. After the announcement at the Sun Network conference in San Francisco, Jonathan Schwartz, Sun's executive vice president for software, sat down with eWEEK senior editor Peter Galli.</p>

Groklaw sends a Dear Darl letter Tells SCO to expect legal action By Egan Orion: Saturday 20 September 2003, 11:33 A GROUP from the open source / free software community has put together a response to SCO CEO Darl McBride's "Open Letter to the Open Source Community". The INQUIRER is glad to print Groklaw's "Dear Darl" letter, along with their research. µ Dear Mr. McBride, Recently you wrote an "open letter to the open source community" published September 9, 2003 by LinuxWorld. This reply is from a group within the open source / free software community. Because you addressed your...

IBM to market Web data tool By Dean Takahashi , Mercury News A software tool from IBM will enable customers to search mountains of data on the Web and find out, for instance, what the buzz is about a new product or discern the reputation of a small business that wants to buy equipment. The WebFountain "data mining and discovery" tool has been in development for three years at IBM's Almaden Research Center in San Jose. Big Blue has offered the tool as a customized service to date. Today, it is announcing that Factiva, a joint venture of Dow Jones...

IBM posts fix for DB2 Linux security flaw By Martin LaMonica Staff Writer, CNET News.com A security flaw in Linux editions of IBM's DB2 database could allow unauthorized users to seize control of a database's contents, Big Blue has revealed. IBM said that the problem affects version 7 of its DB2 database for Linux. The company posted a patch, called FixPak 10a, on its Web site. IBM also is expected to update its usual DB2 version 7 technical support page with the latest fix. The flaw was uncovered by Boston security company Core Security Technologies, which alerted IBM. Core Security...

Form 10-Q for SCO GROUP INC 15-Sep-2003 Quarterly Report ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS The following discussion should be read in conjunction with our condensed consolidated financial statements and notes thereto, included elsewhere in this quarterly filing and our annual report on Form 10-K for the year ended October 31, 2002 filed with the Securities and Exchange Commission, including the audited financial statements and management's discussion and analysis contained therein. This discussion contains forward-looking statements that involve risks and uncertainties often indicated by such words as "estimates," "anticipates," "continues," "expects," "intends," "believes"...

Controversial software seller The SCO Group fired back against Linux leader Red Hat on Monday, filing a motion to dismiss the Linux company's suit against SCO. In a motion filed late Monday in U.S. District Court in Delaware, SCO argued that Red Hat has no grounds to sue SCO, as SCO's actions against the open-source Linux operating system have not specifically targeted Red Hat. "Red Hat's legal action does nothing more than seek general guidance for the marketplace as to the legal rights SCO has with respect to Linux software," according to the motion. "This is an impermissible use of...