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Caldera

Computer Associates Pays Off SCO 299

Posted by CmdrTaco
from the say-it-ain't-so dept.
jford235 writes "Forbes reports that CA has paid the fee to SCO for their license. The deal went down in August but today CA has says that they have taken steps to "distance itself from SCO"."
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Computer Associates Pays Off SCO

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  • Misleading Headline (Score:5, Informative)

    by Thorofin (647823) on Tuesday March 09, 2004 @09:22AM (#8509278)
    Articles say that the liscenses were thrown in as part of a seperate breach of contract settlement. They were not "purchased".
    • by Anonymous Coward on Tuesday March 09, 2004 @09:29AM (#8509362)
      Read Groklaw as ever [groklaw.net]. There is more in later stories too).
    • by Jeffrey Baker (6191) on Tuesday March 09, 2004 @09:30AM (#8509370)
      Specifically, Charles Forelle spake thusly in the Wall Street Journal:
      The Islandia, N.Y., company, one of the biggest makers of corporate software, said that although it signed the licenses, it didn't pay for them -- and never would. It said it agreed to sign the licenses only to settle a lawsuit with the Canopy Group, one of SCO's major investors.
    • by _bug_ (112702) on Tuesday March 09, 2004 @09:30AM (#8509374) Journal
      As you can see here [cnn.com] CA was GIVEN these licenses as part of a settlement with Canopy Group, one of SCO's major investors. Canopy was looking to lighten the financial burden, and so they threw in the licenses like they were water.
    • by jeroenb (125404) on Tuesday March 09, 2004 @09:33AM (#8509398) Homepage
      They were purchased in the sense that CA had some business with Canopy. Canopy then figured "Hey, let's mention that this stuff also includes Linux licenses blah blah" and the CA people said: "Well if it's not going to increase the price, why not?"

      So in the end CA bought licenses, but only because SCO wanted to put the licenses down as "sold", not because they would have sold them in any other way.

      It's like giving away free stuff along with other things, then later claiming everybody bought your stuff when they just bought something else.
      • by wwwillem (253720) on Tuesday March 09, 2004 @09:51AM (#8509597) Homepage
        ... like giving away free stuff along with other things ...

        Ahhh, like AOL disks. Maybe that is the future business model for SCO. Get a free Linux license with your PC Magazine.... :-)
        • by DavidTC (10147) <slas45dxsvadiv.v ... m ['rbo' in gap]> on Tuesday March 09, 2004 @10:58AM (#8510206) Homepage
          That's exactly right.

          CA went to the store and bought a computer. Someone threw three AOL disks in the box while they weren't looking.

          Now AOL's trying to claim they've been a customer for 135 days, because, after all, those were 45 day free trial CDs.

          Actually, it's even sillier than that. CA got Unixware licenses. SCO has just gone around saying they won't sue anyone who purchases Unixware licenses to cover their Linux intallations. At no point did CA see 'Linux license' on anything, even if they had checked the box carefully thy would have ended up with them.

    • by squiggleslash (241428) on Tuesday March 09, 2004 @09:34AM (#8509420) Homepage Journal
      Even worse, the story is completely consistant with the claims quoted yesterday [slashdot.org] which reported [infoworld.com]:
      By acquiring the UnixWare licenses (
      ed: as part of a settlement of an unrelated lawsuit brought by Canopy, not SCO), CA indemnified itself against a possible Linux lawsuit from SCO, said Sam Greenblatt, the senior vice president and chief architect of CA's Linux Technology Group. "We did an agreement with the Canopy Group and in the agreement with the Canopy Group, we acquired UinxWare(sic) licenses," he said. "For every UnixWare license you acquired, you got indemnified for that number of Linux licenses."
      Kind of wierd to post this. Am I missing something?
    • by JamesP (688957) on Tuesday March 09, 2004 @09:35AM (#8509426)
      Articles say that the liscenses were thrown in as part of a seperate breach of contract settlement. They were not "purchased".

      Oh, MY GOD!!!

      Guy 1: Hey, what about that 100 grand you owe me!
      Guy 2: Hey, did you know I own the Brookling Bridge? Let's just throw it in the deal, ok!

    • Update the Article! (Score:5, Informative)

      by kuwan (443684) on Tuesday March 09, 2004 @09:38AM (#8509451) Homepage

      Yes, this article is both misleading and old news. You can find this from CA on Newsforge [newsforge.com]:

      CA senior VP of product development Mark Barrenechea says that Bench's claim is nonsense. CA has not paid SCO any Linux taxes, he said.
      Drawing up short of calling SCO a liar, Barrenechea claims that SCO has twisted a $40 million breach-of-contract settlement that CA paid last summer to the Canopy Group, SCO's biggest stockholder, and Center 7, another Canopy company, and has turned it into a purported Linux license.
      As a "small part" of that settlement, Barrenechea said, CA got a bunch of UnixWare licenses that it needed to support its UnixWare customers. SCO, he said, had just attached a transparent Linux indemnification to all UnixWare licenses and that is how SCO comes off calling CA a Linux licensee.

      You'll also find this on news.com.com.com.com [com.com]:

      Computer Associates, which has begun making its management software available on Linux, acknowledged it had the license, but took pains to distance itself from SCO's methods.
      "CA disagrees with SCO's tactics, which are intended to intimidate and threaten customers. CA's license for Linux technology is part of a larger settlement with the Canopy Group. It has nothing to do with SCO's strategy of intimidation," said a statement from Sam Greenblatt, senior vice president and chief architect of CA's Linux Technology Group.
      Greenblatt has been an outspoken Linux fan. "The whole world is going to unite around a single operating system, and it's going to be Linux," he said in a keynote address at the LinuxWorld Conference and Expo in January.

      Basically Canopy threw in the licenses as part of a settlement with Canopy's Center7 company. I wonder if SCO broke any confidentiality agreements regarding the settlement by announcing that CA was a Linux IP Licensee. ;)

    • by KarmaOverDogma (681451) on Tuesday March 09, 2004 @09:39AM (#8509468) Homepage Journal
      'Articles say that the liscenses were thrown in as part of a seperate breach of contract settlement. They were not "purchased".'

      That's a crucial piece of information. One that SCO will deliberately mishold or put endless spin on.

      I'll probably be modded as flame for this, but I have to say I think that CA wasn't thinking when they allowed that "licensing" to be thrown in as part of the terms of any settlement. Now SCO will run around using this as ammunition for their continued litigation.

      It's not like CA or anyone else doesn't know who or what they were dealing with...

      How does that saying go? Fool me once, shame on you, fool me twice, shame on me?

      .
    • by ackthpt (218170) * on Tuesday March 09, 2004 @09:55AM (#8509634) Homepage Journal
      CA: "I did not have relations with that ho!"
  • Ugh... (Score:5, Interesting)

    by Transcendent (204992) on Tuesday March 09, 2004 @09:22AM (#8509283)
    ...is it even legal to do that when the court hasn't even made a decision yet?
    • Re:Ugh... (Score:3, Informative)

      by capz loc (752940)
      Yes, it's called "settling out of court."
    • Re:Ugh... (Score:2, Interesting)

      by Decameron81 (628548)
      Can't SCO be sued for swindling? I mean, as far as I know nobody can sell licenses for program they have no rights on...

      Diego Rey
      • Maybe this is why CA inked the deal? When it's proved that SCO don't own anything, I'm sure CA will file suit for $699 x number of machines, since that's what SCO swindled them out of.
    • Re:Ugh... (Score:5, Interesting)

      by k98sven (324383) on Tuesday March 09, 2004 @09:53AM (#8509609) Journal
      ..is it even legal to do that when the court hasn't even made a decision yet?

      Yes.. if you look at the SCO "IP license" it is so insanely unspecific, you could be paying for anything and nothing. (which of course you are..)

      But the statement in the article that it "may provide key legal ammunition" is just pure bullocks.
      No court would view the fact that you've convinced third parties outside of the court room as evidence that you're right.

      (BTW: This is a Reuters story, WTF are they linking to Forbes for? Given the amount of ./-baiting crap they've published earlier, why should ./ reward them with page hits for stories that they didn't even originate?)
    • Re:Ugh... (Score:3, Interesting)

      by liquidpele (663430)
      Hell, I don't think software should be able to be used in any of the following:
      1) Giving away for Tax Breaks
      2) Given instead of a monetary amount
      As far as I can tell, I could write "hello world!" and say it's worth $1,000 and give it to a non-profit and write it off as a tax deduction as long as the non-profit went along with it, am I right? IANAL, so i'm speculating ;)
  • by garcia (6573) * on Tuesday March 09, 2004 @09:24AM (#8509297)
    "(SCO) is grasping at straws to purport CA as a SCO supporter," Computer Associates said in a statement. "CA stands in stark disagreement with SCO's tactics, which are intended to intimidate and threaten customers."

    In August when CA did this they weren't intimidating/threatening? CA didn't know any better because they weren't paying too much attention to SCO's bullshit and not enough to the people who actually have a clue?

    Sucks when you are caught between a rock and a hard place I guess.
    • Doesn't that depend on what the state of SCO's story was last August, or earlier given this was probably hammered out June/July? The basic premise of SCO's case has moved around so much it's hard to recall what happened when, but a quick back track to last August in the Caldera topic right here on Slashdot reveals that this was when they announced the $699 racket. It was also just after the whole code under NDA thing, so it's reasonable to assume that CA really did see the whole thing as little more than
    • wouldn't you take it as a business? If you're in a contract negotiations, and the other guy says "ok, we're ready to sign the deal, and because we're such nice guys, here's a hundred licenses thrown in just in case you ever want to use it". Do you really think any rational company would ever say "Hey, don't give me something for free!"?
  • Stupid CA (Score:3, Informative)

    by piett134 (713199) on Tuesday March 09, 2004 @09:24AM (#8509303)
    Seriously, when will these companies stop supplying SCO with more money for these legal challenges? I work with a company that sells software for both Linux & OpenServer, and let me tell you, about 1/2 to 2/3 of our major SCO Resellers have switched or are switching to Linux. Still havent had a single customer switch to SCO from linux.. If companies just sit tight and let SCO keep pursuing their death-wish, they will implode on their own.
    • They had no choice. It was either settle for a lesser amount of money and get tagged with the "SCO supporter" label, or go to court in a battle that their lawyers figured that they'd be on the losing side of, and pay a much larger sum to SCO's barratry machine.

      So save money or save face? Which would your shareholders appreciate more?
  • by Penguinisto (415985) on Tuesday March 09, 2004 @09:24AM (#8509304) Journal
    This is getting to be an ongoing grudge with Forbes... First their editorialists skew every fact they can find in attempts to cheerlead SCO on, now this.

    Didn't CA already explain the whole Canopy/SCO financial thing?

    /P

    • by cosmo7 (325616) on Tuesday March 09, 2004 @09:33AM (#8509406) Homepage
      I think Forbes supports SCO as a Microsoft proxy. The article is full of statements which don't really make sense.

      I particularly liked this part: "Generally, if an IP holder is able to demonstrate that others in the industry have taken a license, thereby respecting the IP holder's claims, that can be used as evidence that is persuasive to a jury,"

      So the score is SCO 4 GPL 4,000,000.
      • by prgrmr (568806) on Tuesday March 09, 2004 @09:51AM (#8509591) Journal
        SCO lawyer: CA licensed our IP. And Chewbacca is a Wookie. Not an Ewok, a Wookie! And CA licensed our IP! Ladies and Gentlemen of the jury, you have to find IBM guilty, because Chewbacca is a Wookie, and CA licensed our IP.
      • by Antaeus Feldspar (118374) on Tuesday March 09, 2004 @01:51PM (#8511915) Homepage
        I particularly liked this part: "Generally, if an IP holder is able to demonstrate that others in the industry have taken a license, thereby respecting the IP holder's claims, that can be used as evidence that is persuasive to a jury,"

        So the score is SCO 4 GPL 4,000,000.


        I really like this, but I have to point out a subtle point that skews the 'scoring', and it is an important point, especially as it's what the Slashdot editors (WTH, Slashdot editors! WTH??) are getting wrong.

        The reason that juries consider the existence and number of industry licensors to be significant is that it's assumed the licensors are "putting their money where their mouth is" -- they are investing their money in the licenses because they believe that they are paying the person who legally owns the intellectual property rights, in exchange for the freedom to use those rights safely and legally.

        Of course, because juries make this consideration, it's becoming a less reliable consideration to make -- I think we can safely say that convicted software pirate [vnunet.com] Microsoft paid for its SCO licenses solely for the purpose of swaying public opinion and possible juries. And while we may decry their decision as foolish and/or cowardly, there is unfortunately a certain basic logic to EV1's decision to buy SCO's license; one can be entirely sure a claim is without merit and entirely unsure that a jury would recognize the lack of merit.

        But fewer than 4,000,000 companies have put their money into Linux -- or if they have, the amounts have been orders of magnitude lower. Microsoft-funded "studies" on TCO aside, it is easier and cheaper to go with Linux, and in this specific arena, that works against us, because doing something that's easy and cheap doesn't make as much of a statement as something that's more costly and difficult. There is still a cost and effort to comply with the GPL -- companies like Cisco and Linksys have found that out -- but again, the 'investments' have been orders of magnitude lower.

        And this is the central point that the Slashdot editors got wrong in the headline, stating that "Computer Associates Pays Off SCO" when the only party claiming that CA paid any amount of money for SCO's Linux licensing has been SCO. Why, again, would we take SCO's word for it? SCO could do this to anyone that pays them any money, for anything: throw in licenses for free and then claim that they weren't free, that they represent an investment of money and therefore an endorsement of SCO's claims.

        Yes, Forbes published the egregiously wrong Dan Lyons "Linux's Hit Men" article. But in this case, Forbes published the correct and balanced information and it is Slashdot that grossly mischaracterized the events to the detriment of Linux.
    • Forbes have probably figured out by now that they get a huge amount of click-throughs from slashdot every time they write something good about SCO.

      Good for advertising revenue!

  • Isn't this a repeat? (Score:5, Informative)

    by mbenzi (410594) on Tuesday March 09, 2004 @09:24AM (#8509305)
    Wasn't it already said that CA was buying a UNIX licenses and they added linux into the contract just for completeness?
    • by tiger99 (725715)
      That would be illegal, because you can't licence Linux except as provided for, very comprehensively, by the GPL. Selling or giving away any other licence makes your GPL null and void, any distribution of Linux then is a violation of ordinary copyright law.

      If they have indeed sold or given away Linux licences, they have committed a criminal offence in most countries signatory to the Berne conventions. By "they" I mean of course SCO, not CA. It seems to me that receiving an illegally given licence is simply t

  • BS (Score:2, Informative)

    by CoolCat (594452)
    According BBC those payments where not SCO Linux license (Sorry to lazy to dig a link, read it yesterday).
  • CA was tricked (Score:5, Interesting)

    by isn't my name (514234) <`moc.htroneerht' `ta' `hsals'> on Tuesday March 09, 2004 @09:25AM (#8509310)
    CA lost a lawsuit against another company controlled by Canopy (SCO's parent company.)

    As a part of that settlment, SCO was required to purchase UnixWare licenses from SCO. SCO placed language in that license that also gave CA the right to SCO's Linux IP. Now SCO is using this to say that CA is a licensee.

    The really interesting part is that this shows Canopy manuvering other companies it controls to benefit SCO. This may give IBM an opportunity to "pierce the corporate veil" and go after Canopy's assets in the counter-suit.
  • by mflaster (702697) on Tuesday March 09, 2004 @09:26AM (#8509321)
    From Dow Jones Business News [yahoo.com]:
    The Islandia, N.Y., company, one of the biggest makers of corporate software, said that although it signed the licenses, it didn't pay for them -- and never would.

    Mike

  • by msgmonkey (599753) on Tuesday March 09, 2004 @09:26AM (#8509322)
    This article starts of with a complete untruth by stating that this "Purchase" is "key legal ammunition". It is no such thing has it will not have relevance in the court case so is more propaganda ammunition than anything.
    • Of course it does. Paying for something legally declares that you want it, and that it is worth a price (whether that price is true market value or not doesn't matter).

      Seriously, I watch enough Peoples' Court to know about that one :)

    • This article starts of with a complete untruth by stating that this "Purchase" is "key legal ammunition". It is no such thing has it will not have relevance in the court case so is more propaganda ammunition than anything.

      But your honor, four people have bought my H.ERB@AL V.I.A.G.R.A, so how can this be quack? Clearly, the plaintiff has no case saying I am a snake oil merchant / con man!

  • sure? (Score:3, Interesting)

    by Anonymous Coward on Tuesday March 09, 2004 @09:26AM (#8509330)
    They say this is not true http://business.newsforge.com/article.pl?sid=04/03 /05/0249257&mode=thread
    • Re:sure? (Score:5, Interesting)

      by abdulwahid (214915) on Tuesday March 09, 2004 @09:38AM (#8509459) Homepage

      They say this is not true http://business.newsforge.com/article.pl?sid=04/03 /05/0249257&mode=thread

      You are right and I think if you read deeply both articles are saying the same thing. From the forbes one:

      "Computer Associates said its license for Linux is part of a legal settlement with Canopy Group, SCO's major shareholder."

      And from News Forge:

      "Barrenechea claims that SCO has twisted a $40 million breach-of-contract settlement that CA paid last summer to the Canopy Group, SCO's biggest stockholder, and Center 7, another Canopy company, and has turned it into a purported Linux license."

      It seems that SCO are once again desperately trying to twist the facts to sopport their case. In reality, SCO "just attached a transparent Linux indemnification to all UnixWare licenses"

  • by Filter (6719) on Tuesday March 09, 2004 @09:27AM (#8509340)
    To run this story under that headline makes this site seem as desperate as Forbes. The real story is easy for anyone to see about 5p down

    >>"(SCO) is grasping at straws to purport CA as a SCO supporter,"
    >>"CA stands in stark disagreement with SCO's tactics, which are intended to intimidate and threaten customers."
  • Misleading lede (Score:5, Insightful)

    by LightStruk (228264) on Tuesday March 09, 2004 @09:27AM (#8509342)
    Computer Associates International Inc. said on Monday it has licensed the freely available Linux operating system software from SCO -- a move that could become key legal ammunition for the SCO Group Inc. in a battle over who owns the software.
    The editor who let this lede get published should be taken out and, er, fired. It does not make a shred of difference in court if somebody actually caved to SCO's extortion; just because CA believed SCO's lie does not make the lie true.
    • Re:Misleading lede (Score:5, Insightful)

      by Anonymous Coward on Tuesday March 09, 2004 @12:12PM (#8510765)
      Hell, they let Daniel Lyons post some rambling bit of nonsense wherein he "investigated" Groklaw. He read the PO box from her domain registration (which is NOT even the town where she lives...) and discovered that IBM might have an office somewhere in that general area. He then found out that IBM, once upon a time, had given some computers to Ibiblio (which recently became the host of Groklaw).

      That's it. That's the supposed "connection" between them. And half of it was WRONG.

      And Forbes let Daniel Lyons publish that. Why? Because PJ chastized him for not bothering to do ANY research. And now we see how poor his researching skills really are. Hell, I could do better than that, and I'm just an amature. Yet, given what I know, if I had access to some of the databases PIs use, I could probably have PJs info in a few minutes. And I'm just some schmoe, not an "investigative reporter."

      The lesson here? Forbes' "research" consists primarily of corporate PR documents. IBM hasn't put out any, SCO has, so Forbes prints SCO's story and never bothers to research after that.

      At least, that's the most consistant interpretation I can give of it. In the mean time, guess which magazine I tell everyone NOT to bother reading or subscribing to? I would encourage the rest of you to do the same, unless you want to read rehashed press releases for some reason...
  • by mtthws (572660) on Tuesday March 09, 2004 @09:28AM (#8509344) Homepage
    Here is the funny thing. CA is saying they did not pay off SCO. They were just buying unix liscense they were forced to by as the result of losing a lawsuit about unix liscenes. SCO threw they indemdification for one linux manchine for every unix liscense in there so they could claim CA was a linux liscense. CA keeps saying they want nothing to do with the linux liscense.
  • Forgive them (Score:3, Insightful)

    by RailGunner (554645) on Tuesday March 09, 2004 @09:29AM (#8509358) Journal
    I know a lot of people are going to be upset (and understandably so) with any company who pays SCO protection (er, I mean licensing) money.

    But we have to look at it from the businesses point of view. Until the case with IBM is settled, and SCO is proven to be the litigous bastard Microsoft funded puppets that they are, many companies will unfortunately make a business decision - pay a little money now, rather then possibly a lot later in lawyer's fees. So I can't entirely blame them.

    But given the article and the memo leak that it is in fact MS that paid SCO a significant amount of money in order to start their puppet suing with the explicit goal of creating FUD about Linux, why hasn't any federal prosecutor stepped up and done an investigation on Microsoft and SCO? File racketeering charges against these guys - they're no better then the Mafia.

    • Re:Forgive them (Score:5, Informative)

      by Jaywalk (94910) on Tuesday March 09, 2004 @10:13AM (#8509850) Homepage
      Forgive them
      I don't think so.
      many companies will unfortunately make a business decision - pay a little money now, rather then possibly a lot later in lawyer's fees. So I can't entirely blame them.
      Its required for companies to honor their contracts. One of those contracts is the GNU license which they agreed to when they got Linux. One of the conditions of that license was that nobody is allowed to tack new conditions onto the GNU license. These companies expect to get free use of Linux both now and in the future and to have it supported by the Linux community. Fair enough, but part of the deal is to stick to the agreements which they've made with that community. It's not to their advantage or anyone elses to cave in on this. So far this seems to have been understood by pretty much everyone and only EV1 has given in.
  • by Callan.ca (758584) <callanca@NOsPam.shaw.ca> on Tuesday March 09, 2004 @09:30AM (#8509368)
    The least you could do was change the title, as it stands your spreading FUD, try editing it to something more in line with reality like: CA Settlement mis-represented, Canopy Groups twisted web. or CA says 'not willing participant in fiaSCO' or CA says '2 for 1 licenses' do not an enorsement make.
  • WTF? (Score:5, Interesting)

    by j-turkey (187775) on Tuesday March 09, 2004 @09:30AM (#8509376) Homepage

    I was under the impression that CA bought the licenses under a sealed settlement under completely unrelated suit. Unless I'm mistaken, CA bought licenses for UnixWare (or some other Old-SCO product), for which each automatically included a binary Linux license.

    It sounds like SCO quitely tacked on the "free Linux binary license" in order to give the illusion of legitamacy within the indrustry to their Linux claims. It's a sneaky, bullshit move. I hope that the courts see this the same way I do. OTOH, the EV1 move was not trickery on SCO's part. That was just EV1 being stupid.

    • Re:WTF? (Score:5, Interesting)

      by Vexler (127353) on Tuesday March 09, 2004 @09:43AM (#8509516) Journal
      Yes, although if memory serves, EV1 also stated that their payment to SCO had something to do with an earlier settlement (at least that's what one of the press releases indicated). It really sounds like both CA and EV1 are hedging their bets while being scared by SCO. If SCO wins, they can say that they knew it all along. If SCO loses, then they will write off their payments as unrelated to SCO's IP.
    • Re:WTF? (Score:2, Interesting)

      by lordkimbot (631248)
      Pretty bizarre that CA's attorneys didn't catch this before they signed off on it. It's actually hard to believe they weren't aware of it. That settlement had to have a lot of scrutiny fron CA's attorneys.

  • Pressure... (Score:4, Insightful)

    by Sentosus (751729) on Tuesday March 09, 2004 @09:30AM (#8509377)
    The damage has been done now.

    It is nerve wrecking for a person to be sued. For companies, if you turn out to be the target of a company attempting to make money out of litigation, you have very little course for action that will save you. You fight it and you lose money, while the trial is going on, you are dragged into the light.

    You pay them off and there is a chance that the deal could bite you later.

    There are no paths to getting out of this. CA just took the option that they thought would be better. Now they are tossing themselves back into the fight when SCO decides to release the details of the deal.

    They should have not commented, put out a generic statement about how they do not endorse others, and let it ride.

    SP --- Prays that we stop giving SCO attention.
    • They should have not commented, put out a generic statement about how they do not endorse others, and let it ride.

      What's wrong with exposing SCO's true actions here? It improves my opinion of CA's behavior in the matter, and perhaps it will bring about the demise of SCO just a little sooner.

  • by Anonymous Coward on Tuesday March 09, 2004 @09:32AM (#8509387)
    1) Kennedy was shot.

    2) The Beatles broke up.

    3) The Berlin Wall is down.

    4) The Soviet Union is no more.

    5) Slashdot editors have poor memories or cannot search their own archives.

  • WRONG WRONG WRONG (Score:2, Informative)

    by Anonymous Coward
    SCO's Claim re CA "Is Nonsense," Says Computer Associates [linuxworld.com]

    CA's senior VP of product development Mark Barrenechea says here that the SCO claim is nonsense.
  • Computer Associates said its license for Linux is part of a legal settlement with Canopy Group, SCO's major shareholder. In August, Computer Associates signed the SCO license and paid $40 million to Canopy Group to settle breach-of-contract charges, but news of that deal surfaced only recently on Web sites. (Additional reporting by Wei Gu in New York)

    It looks like SCO may have tacked on a Linux license rider clause to their much stronger case settlement - the breach-of-contract charge - to use as a publi
  • by eddie can read (631836) * on Tuesday March 09, 2004 @09:37AM (#8509441)
    The payment has nothing to do with whether Linux contains SCO code. It's part of a settlement for something entirely different. CA might just as significantly have agreed to license the use of the word "is". The very last paragraph of the article contains the key point:

    Computer Associates said its license for Linux is part of a legal settlement with Canopy Group, SCO's major shareholder. In August, Computer Associates signed the SCO license and paid $40 million to Canopy Group to settle breach-of-contract charges, but news of that deal surfaced only recently on Web sites.

    I hope that the papers will at least get this right, after botching the job on the AutoZone lawsuit.
  • by Anonymous Coward on Tuesday March 09, 2004 @09:38AM (#8509453)
    Intellectual property, or IP, experts said CA's license could help convince a jury that SCO has a justified claim on Linux.

    So if I can convince one person to pay me toll, that proves to a jury I really do own the Brooklyn Bridge? This reduces reductio ad absurdum down to the absurdum.
  • by mslinux (570958) on Tuesday March 09, 2004 @09:38AM (#8509455)
    "Generally, if an IP holder is able to demonstrate that others in the industry have taken a license, thereby respecting the IP holder's claims, that can be used as evidence that is persuasive to a jury..."

    To jury in closing args: "It must be our IP, and many others agree... we've already licensed it to several, large, well-respected technology companies."

    Whether you agree with SCO or not (I don't), they're making a hell of an effort to control some key elements of open source software. We shouldn't laugh it off and expect them to go away... these guys are going for the kill... they're deadly serious. Their lawyers don't care whether they actually own any code or not. Wake up to this threat before it's too late.
  • It seems as though this jig may be close to over. Lets hope this isnt just a rumor:

    http://www.newsforge.com/trends/04/03/08/0457259.s html
  • by hetairoi (63927) on Tuesday March 09, 2004 @09:40AM (#8509485) Homepage
    I was just waiting for the daily SCO story after reading this [theregister.co.uk] new BOFH.

  • by Anonymous Coward on Tuesday March 09, 2004 @09:46AM (#8509547)
    Don't the /. moderators even bother to RTFA at all?

    The headline effectively states CA bought a SCO Linux license, when nothing of the sort happened.

    Canopy put a SCO Linux "license" in with other stuff in the settlement of a breach of contract lawsuit.

    And now SCO (and /., apparently) start spouting off hou that means CA bought a Linux "license".

    Anyone now doubt that Canopy and SCO are intertwined? Or that they both have Bill Gates hand shoved up their asses like the ragged sock puppets they are?

  • by Bangie (149151) on Tuesday March 09, 2004 @09:47AM (#8509557)
    CA's payment was only $19,000 - not bad to settle a $40 million lawsuit. I don't think CA's paying SCO $19,000 qualifies as a ringing endorsement.
  • Incredible how everyone talks about MS being (perhaps) the one pulling the ropes. Of course MS and IBM were and are arch enemies, but anyone who doesn't understand by now that Canopy's business is litigation (perhaps by proxy) might want to go live in a cave. They seem to be doing this kind of thing all the time.

    They fucking wrote the cookbook here and it's time their MBA asses got dragged into this SCO soap much more prominently than has happened up until now. Expose them for what they are and stay as far
  • by OwlWhacker (758974) on Tuesday March 09, 2004 @09:49AM (#8509570) Homepage Journal
    "(SCO) is grasping at straws to purport CA as a SCO supporter,"

    Tell me one area where SCO isn't grasping at straws lately.
  • by MyHair (589485) on Tuesday March 09, 2004 @09:51AM (#8509599) Journal
    For going through the trouble of reading the subject and/or body of this post, I hereby grant you license to IP I own in Linux.

    Heh heh, now I can submit a press release claiming I sold Linux licenses to hundreds or thousands of Slashdot readers. Muahahahah!

    (I feel compelled to add a disclaimer that this is satire and as far as I know I currently don't own any IP in Linux and therefore can't grant you any license. Geez, that's a joke kill.)
  • Taco (Score:4, Informative)

    by LittleLebowskiUrbanA (619114) on Tuesday March 09, 2004 @09:53AM (#8509619) Homepage Journal
    Do you try to stay up with the SCO situation? RTFA, editor! CA is pissed that anyone even assumes they caved into SCO's demands.
    Throw in Michaels antics and stuff like this and your surprised there's not that many subscribers?
    • Re:Taco (Score:3, Informative)

      by prgrmr (568806)
      It gets better. Every post pointing out this is a repeat or misleading is getting mod'ed as "overrated". It's sad, really.
      • Yeah, I know. I've got karma to burn and Taco sometimes needs a wake up call. It isn't like this hasn't been ALL OVER THE NEWS SINCE LAST WEEK or anything. You would think any Linux user would know by now.
  • ...picks up where Forbes fails, the truth.
    here [com.com]
  • by pesc (147035) on Tuesday March 09, 2004 @10:02AM (#8509716)
    A good way for CA to distance themselves from SCO is to publically donate money to the OSDL defence fund. Issue press releases that you do so and that you don't approve of the SCO intimidation tactic.
    • A good way for CA to distance themselves from SCO is to publically donate money to the OSDL defence fund. Issue press releases that you do so and that you don't approve of the SCO intimidation tactic.

      Yeah, because IBM is doing just a terrible job of defending this lawsuit. I mean, their lawyers just plain suck.

      If SCO was suing corporations that were in dire financial trouble or in desperate aid of competent legal help that would be one thing--but as long as they sue corporations that are prepared to fi

  • Wrong (Score:5, Informative)

    by sjvn (11568) <sjvn&vna1,com> on Tuesday March 09, 2004 @10:09AM (#8509808) Homepage
    We've known for five days now that CA only got the license because they were forced to in a settlement.

    http://www.eweek.com/article2/0,1759,1543091,00. as p

    "Sam Greenblatt, chief architect of the Linux technology group for CA, in Islandia. N.Y., told eWEEK that while CA "disagrees with SCO's tactics, which are intended to intimidate and threaten customers, CA's license for Linux technology is part of a larger settlement with the Canopy Group [Inc.]. It has nothing to do with SCO's strategy of intimidation."

    With licensees like this, who needs enemies?

    Steven
  • by Lord Apathy (584315) on Tuesday March 09, 2004 @10:39AM (#8510015)

    I really doesn't surprise me coming from such a shitty company as CA. I mean anyone who would peddle the crap they do would climb in bed with anyone.

    I've never seen one instance where any of thier software didn't cause more problems than it solved. For instance I worked a few years ago at CSC and we installed TNG shit across 665 solaris platforms only to have nothing but troubles. We ended up backing off TNG shit and disabling it but we where still locked in to a contract.

    The present company I work for just installed TNG across all of the platform against my advice. I laugh now everytime there is a problem, which is almost daily. Thier software is crap, they are crap, it doesn't suprise me.

  • by drinkypoo (153816) <martin.espinoza@gmail.com> on Tuesday March 09, 2004 @10:45AM (#8510076) Homepage Journal
    CA has a history of being ruthless and disreputable, selling products that don't work without intense and costly customization which makes it difficult to support (CA Unicenter anyone?) and buying companies and either killing off products, or folding their functionality into something else and firing everyone they can come up with. A certain amount of trimming the fat is justified, but CA is a bunch of bastards. One wonders if their repudiation of the SCO rumors, in which they specifically state that they did not intentionally purchase any Linux licenses, is the beginning of an attempt to reinvent themselves as nice guys, or at least non-complete-bastards.
  • Been here, done this (Score:4, Informative)

    by whisper_jeff (680366) on Tuesday March 09, 2004 @10:46AM (#8510084)
    Haven't we already discussed the CA issue already?

    Here [slashdot.org] and here [slashdot.org].

    Not that I'm against ragging on SCO and their stupidity, but isn't this horse dead?

  • by unoengborg (209251) on Tuesday March 09, 2004 @10:50AM (#8510135) Homepage
    If we should believe the Forbes article, signing the licence would be just as bad as paying for. If it i s signed SCO could use that to show that other companies respect SCO rights to Linux.

    If it works this way, we could expect that SCO have given away their "we do not sue you, until we can figure out how" - insurance to a lot of companies and will have a lot of acceptance track record to show up in court. But lets hope they are too greedy to do that.

    And by now it would be hard to pull this trick, as so far it has bin SCO customers that have bin dragged to court. People and companies using Linux without any SCO involvment seams to be at low risk.

    Doing business with SCO could also trigger actions e.g. boycotts and lawsuits from the open source movement. They could expect denial of service attacs either from misled angry wannebe members of the open source community (hope it never happens) or instigated by the SCO/Microsoft combo trying to discredit the open source movement. In this war everything seams to be permitted. And the best way to stay out of it seams to be to avoid SCO at all costs.

    By the way look at the SCO stock! Now below $11!
    It seams that investors too, have lost faith in SCO. Time for a new hidden infusion from Microsoft?

  • by KrunZ (247479) on Tuesday March 09, 2004 @10:56AM (#8510194)
    A least the investors got it right this time:

    1 year SCOX chart [msn.com]
    5 days SCOX chars [msn.com]
  • by elhondo (545224) on Tuesday March 09, 2004 @11:02AM (#8510275)
    That cinches it for me. I'm immediately migrating my home away from UniCenter. From now on, I will keep my door propped open with a REDHAT box!
  • by Anonymous Cowabunga (738559) on Tuesday March 09, 2004 @12:30PM (#8510952)
    A simple glance at the byline shows that it is a Reuters newswire article written by their tech columnist, Reed Stevenson, and bought/republished by Forbes. Thus I don't think it's an indication of any 'official' stance on Forbes' part. That being said, it's clear that the Reuters author didn't do his homework.

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