That sneaky SCO-and-SCO



COMMENTARY--The untimely demise of SCO Linux threw out our plans at the last minute. More importantly, though, will it affect your plans?

We thought we had it sorted out. A day before deadline, and it looked like the magazine was going to make it to the printers on time. Close enough, anyway. Then the e-mail came in: vendor withdraws product from sale. Generally not worth much attention, but in this case, it was devastating because the product in question was half of a head-to-head comparison in the magazine we were about to send.

No biggie. Products get withdrawn, renamed, updated, or changed all the time, and usually you can fudge it. Vendor x says it will shortly release a new version of product y which has such and such extra features. Something like that.

Only in this case, a little more complicated, because we had planned a comparison of business-focused Linux distributions. We picked the obvious choice: Red Hat's recently released Enterprise Server. And in the blue corner, we picked one of the UnitedLinux options--SCO Linux. Bad move.

We knew about SCO's lawsuit against IBM, of course, and figured it was an interesting issue, but purely academic. Then the day before the article was going off to print, SCO cranked things up a notch, sending out a letter warning enterprises that they could be sued for using Linux, which supposedly contains copyrighted code. And, of course, it withdrew SCO Linux from sale.

-It could have very big implications. Or by the time you read this, it could be as old as the Iraqi Information Minister Web site."
It quickly became apparent that no amount of fudging was going to salvage the review because it could be months if not years before SCO Linux was a viable product again. So we were stuck with half a review we couldn't use and six pages to fill.

Then it occurred to us: the SCO-IBM battle had now broadened to encompass the whole of Linux. It could have very big implications. Or by the time you read this, it could be as old as the Iraqi Information Minister Web site.

We took a punt that the story wouldn't go the way of Irena from Big Brother, so we replaced the review with a discussion of the lawsuit, SCO's claims, and how it's going to affect you, an IT worker in Australia. Fortunately, the industry was talkative. SCO's general manager was in the mood for a chat when we called, despite being in a meeting--and in New Zealand--at the time. Some local analysts got a word in, and even Red Hat phoned up to tell us they couldn't say much.

Now we're left with half an article--a good review of Red Hat Enterprise Server AS--waiting around for something to do. Chances are we'll find another Linux distribution with which to compare it in the coming month or two; SuSE looks like a good bet.

But the pickle we were left in is nothing compared to the problems SCO could theoretically cause if it can prove its accusations and starts enforcing its intellectual property rights. On the other hand, it may be no more effective in protecting its copyrights than the recording industry has been in preventing the spread of file-swapping software. Or SCO might run out of money or give up. Or IBM might decide it would be cheaper and easier to buy out SCO and gain ownership of the Unix source code--which some analysts are suggesting has been SCO's end game all along.

So... will all this uncertainty turn you off using Linux? Have you had inquiries from the CEO or demands to get rid of it? Or will it be--to overuse an already worn-out phrase--business as usual? Drop us a line and let us know what you think.

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Talkback 8 comments

    SCO is now unbuyable. IBM cant ...Anonymous -- 06/06/03

    SCO is now unbuyable. IBM cant afford to buy SCO now after all the actions SCO has taken. Sending out those threatening letters infriging on the GPL licence etc. Buy SCO now and you have to take legal liabillity for all of their recent actions. They have infriged on Novell, they have threatened IBM, they have damaged all tose companies producing Linux Distributions and companies who are producing software that runs on linux and companies that produce hardware that runs linux and in infriging the GPL licence they have to pay every person or company that created code that was in SCO version of Linux (and that they sold). This is really on of the all time great tactical legal blunders - In attempting to force a company to buy them they have made themselves unbuyable.

    Hasn't altered our choice to r ...Anonymous -- 07/06/03

    Hasn't altered our choice to run Linux on several of our systems. /IF/ the allegations prove correct /THEN/ we may reconsider our position ( No big problem - we also use FreeBSD which is a safe choice ). Until the court rules either way there is nothing illegal about running Linux.

    The only real thing SCO has managed to achieve here is to ensure that in so far as market share goes, SCO loses another few percent ( were they even over 1% previously?)

    No matter how things pan out, ...Anonymous -- 07/06/03

    No matter how things pan out, Linux is here and Linux will stay. Why is this? Because there are thousands of extremely talented programmers out there that want it to exist, and want it to stay.

    Let's assume the worst here ... SCO prove all their allergations in court. What do you think will happen next? All the said programmers will band together and replace the offending code with something else. The worst that will happen is that all people will have to upgrade their kernel.

    This whole case is such a non-issue, I'm totally amazed about how people get worked up about it. No matter how things pan out, Linux is here, and it's here for the long term.

    It is sometimes hard to think ...Anonymous -- 08/06/03

    It is sometimes hard to think that a company could go so far with so little.
    And what is funny about it, is SCO's non-disclosure agreement that everyone must sign to view the code. Funny because analyst Laura DiDio of Yankee Group Boston, Mass, made the statement that the SCO code she saw is "credible proof", an analyst non-programmer under what SCO called their "non-disclosure agreement". In analogy to any US court in a case of a trial by a sworn jury. Those persons of the jury are not allowed any disclosure of the case; much less make statements that speak of any outcome possibility or assert an outcome of the case outside the court. So much for SCO's non-disclosure agreement, seems more a joke and an illegal one at that. A German court's Injunction has made SCO pull down their German website for the very same reasons within DiDio's statement. Could it be that SCO got some to continue the dirty work for them; I believe that may be the case here with DiDio's statement.
    Just my personal opinion.

    Those executives I've spoken w ...Anonymous -- 08/06/03

    Those executives I've spoken with in the Fortune1000 look at this case as a manifestation of SCO's inability to compete.

    A few have expressed concerns over the IP issues and when I tell them to consult with their legal console, the results are almost always the same: Continue using Linux, make sure that any closed source apps your running on it are licensed, and monitor the situation.

    SCO has succeeded in nothing but making themselves look ridiculous in the eyes of executives in my opinion as companies that really have cases don't act the way they are acting. IBM's stoic response should be a dead giveaway as to who has the upper-hand in this case. The more IBM is silent, the more shrill SCO's cries are and the closer they realize that people are calling their bluff.

    To Daryl McBride I would say, "Don't let your ego write checks that your shareholders (or what's left of them) can't cash." In my opinion, you failed in your vision for the company. There is no executive privilege without responsibility. If you had truly taken care of your responsibilities, you wouldn't be where you are now, and you would have articulated your company's vision to the marketplace. I didn't get what that vision was nor apparently did investors.

    It would appear that SCO is in a precarious position. They would do well to either accept a buyout offer or liquidate assets for cash.

    Cheers,

    Nick

    SCO finds new addition. It app ...Anonymous -- 08/06/03

    SCO finds new addition.
    It appears now as of thrusday, an amendment has been found in a file cabinet at SCO. Seems to me three months ago this amendment should have been part of their lawsuit against IBM if it holds what SCO says it does. SCO I believe will find that this amendment will have a reverse affect that they are not seeing now. If the amendment gives any copyright power to SCO, and in light of their developments in Linux, seems the copyrights would have given SCO the green light to place the Unix code, to build their Linux better. A last minute paper is a sorry thing at this time, they do continue to try to push the FUD. Good luck with the amendment SCO, seems the Judge you get will see that SCO does not even know where important papers are, even in a file cabinet in SCO's own offices, that you now want to use to back you claim, will as I see it; the Judge will ask you if SCO management is on drugs.

    Won't make any difference. Lik ...Anonymous -- 08/06/03

    Won't make any difference. Like Dave already said, the worst than will happen is a bunch of open source programmers will rewrite the offending code (if there really is any such thing, which I doubt) and get on with it. Then SCO will join the ranks of all the other failed IT companies...

    The whole thing smacks of sour grapes, failure and desparation. I would not at all be surprised to find Micro$oft is involved somewhere behind the scenes as well. It would be just like them to attempt by legal means, what they can't do by producing a better product...

    Look up the term "barratr ...Anonymous -- 08/06/03

    Look up the term "barratry."

    That single (if obscure) term sums up my opinion
    on the strategy of SCO's executives.

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