Bonum Certa Men Certa

Updates on Microsoft-funded SCO Attack on Novell, Novell's EU Case and Settlement

"[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

--Larry Goldfarb, Baystar, key investor in SCO



Summary: How Novell is being legally screwed by Microsoft, as suggested by this week's news

THE following articles are hopefully detailed enough to shed light without further commentary.

[SCO's] Ch. 11 Trustee Cahn Opposes SUSE's Motion to Lift Stay

Edward Cahn, SCO's appointed Chapter 11 Trustee, now making decisions for SCO, has filed an opposition to SUSE's request to lift the bankruptcy stay so the arbitration can go forward. And Al Petrofsky has filed a motion pro se demanding that SCO file its missing MORs.

The Cahn objection to SUSE's request can be summed up simply. SCO has limited funds, and Cahn doesn't want to spend them on the arbitration. The trial in Utah is set for March, and if SCO loses and the jury decides it doesn't own the copyrights, then there will be no need for the arbitration to go forward. If, on the other hand, it wins, then it can proceed with the arbitration issues because, as footnote 5 puts it, "resources may become available to the Debtors if they prevail at trial". SCO has to pay the lawyers for the Swiss arbitration. That is not covered by the agreement with Boies Schiller, and the lawyers in Europe are on top of that. Then they'd have to hire experts. Cahn tells the court that it should defer to his judgment on how to proceed in the various litigations.


Answering SCO [Lies] Bit by Bit - The Robert Swartz Memo, Take 2

So, where is the big payday going to come from? No. Really. What SCO's new management needs to ask is this: are we being given good legal advice in this instance?


Answering SCO [Lies] Bit by Bit: a.out.h, errno.h and the GPL

I find include/linux/a.out.h and include/asm-i386/errno.h as well as the name of a Caldera employee, Torsten Duwe, and the GPL referenced, as well as the credit to Caldera Systems and a mention of calderalabs.com. The CD is copyrighted 2000, and printed on the CD it says that source code for OpenLinux eServer 2.3 was available at www.calderasystems.com/eServer. It's available on the CD as well, happily, since SCO has removed the page listed on the CD, as they have so much that Groklaw published that shows they have been serving up an order of baloney.

So I opened it up from the CD in emacs, linux-kernel-include-2.2.14-1S.i386.rpm, and there's the very a.out.h and errno.h files listed as verboten, as big as life, in Caldera's very own product...


Blank Rome Adds a Lawyer, Regina Stango Kelbon

The Microsoft Saga Comes to an End (Novell's role also mentioned here)

Among others, the objections came from companies like Sun Microsystems (Nasdaq: JAVA) and Novell (Nasdaq: NOVL). The major grievance was the companies' bundling of software packages alongside Microsoft Windows.


Is it not ironic that Novell and Microsoft are now allies? Microsoft led its opposition to virtually deserting a key case over systematic abuses.

Recent Techrights' Posts

There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
 
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025