What SCO Really Wants

Monday, August 18 2003 @ 04:04 PM EDT

Contributed by: PJ

eWeek did an interview with McBride Sunday. Here's the latest from SCO in Wonderland:

" . . .there are some 2.5 million servers running Linux and . . . SCO has 'identified by name those companies running many of them.'

"'We are in the process of contacting them about coming into compliance and taking a UnixWare license from us. If they refuse to do so, we will sue them directly and see them in court,' he said.

"When asked by eWEEK if SCO intended to first sue a large Linux user like a Wall Street financial firm or an enterprise-level Linux customer, McBride said that would probably be the case as smaller companies tend to settle when faced with litigation. . . .

"'In a nutshell, this litigation is essentially about the GNU General Public License and all it stands for. That license has not yet been challenged or tested in court, but it is now going to be. We are also firmly and aggressively challenging the notion that Linux is a free operating system,' McBride said."
[emphasis added]

One thing I like about this guy: he's too aggressively hormonal to be able to be subtle, so now he's spilled the beans, and we know who they are and what they're after. He doesn't want a settlement, he says. He wants to challenge the GPL and all that it stands for. Think a judge will like those words at trial? Heh heh. Courts provide relief for wrongs suffered, not an opportunity to use the judicial system to make a point. At least, that's the way it's supposed to work. And that their motive is to attack Linux is precisely what IBM and Red Hat accused them of in their legal documents. How smart is it to make a public statement confirming their accusation? Boies must be out on a ledge somewhere, threatening to jump.

If they really expected to go to trial, I do think their attorneys would be advising him to be quiet. What normally happens in a trial is the parties speak to the press for the most part only through their attorneys. Seen a lot of interviews with Martha Stewart lately?

If, on the other hand, you have PR goals as opposed to legal objectives... say...their stock didn't start going down again, by any chance, did it? Let's see. August 1, it was $13.24. August 15, it was $10.30. Right now, as the week gets started, at 3:48 PM EDT, it's at $10.50, up 1.94% from an opening $10.27. Woops. Now, it's 4 PM, and it's $10.60, up 2.91%.

What a coincidence. It's interesting to follow the ups and down, every time a new threat comes from SCOland. It's probably infinitely more interesting if you are a shareholder. I'm definitely learning a lot about the stock market, I must say.

70 comments



http://www.groklaw.net/article.php?story=224