Bonum Certa Men Certa

Microsoft is Not Done With SCO Yet

"[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: The SCO v. IBM case is reopened, despite a glaring lack of funds, resuming the FUD against Linux

Microsoft is now openly -- not just covertly [1, 2] -- supporting Apple's fight against Android. "Microsoft disagrees that Judge Posner created a “categorical rule” or “blanket prohibition” on injunctive relief for infringement of SEPs," says this post. "It calls the question of a RAND-encumbered patent owner’s entitlement to injunction relief “an interesting question — but not a question presented on appeal here.” Microsoft argues that RAND commitments must be considered as part of the eBay analysis, which it says Judge Posner precisely did here" (Posner is against software patents [1, 2, 3, 4, 5]).



Here we have Microsoft interfering with a competitor using a proxy or a litigation ally. It is typical Microsoft behaviour which goes back to the SCO case and prior to it, too. According to this [via], SCO's case is still going on:



The Hon. David Nuffer has ruled on the SCO v. IBM motions, granting SCO's motion for reconsideration and reopening the case, which IBM did not object to. Judge Nuffer apologizes to the parties for the error in his previous order refusing to reopen the case. Sounds like a mensch to me. I love it when judges don't pretend something is the lawyers' fault when it's really the judge's fault. He's newly assigned to this case, and it's been going on for over a decade, so he specifically tells the parties not to assume his familiarity, asking them to provide him with enough detail in the various briefs going forward to work with. And he has essentially accepted the IBM suggestions on how to go forward, which SCO did not want to happen. I was fairly confident he would, though, precisely because he's new and he surely needs some time and help from the parties to get up to speed.


The pro-FOSS news site says: "After both parties have submitted their motions, the court will decide whether the case will be closed without further hearings with a summary judgement or if it will be re-opened in earnest."

A Microsoft partner says "IBM's lawsuit with SCO over just who owns Unix has crawled out of the grave and seems set to shuffle back into US courts.

"For the uninitiated, or those who've successfully tried to forget this turgid saga, a brief summary: SCO in 2003 sued IBM for doing something nasty to bits of Unix it owned. Or felt it owned. SCO also sued Novell, which it felt did not own some copyrights for Unix.

"Many private school educations later for the offspring of the lawyers involved SCO lost against Novell. By this time SCO was out of cash with which to keep up the fight against Big Blue, so the matter hibernated for a while."

"Decade-old lawsuit exhumed in response to SCO motion for reconsideration," writes Lee Hutchinson. Richard Adhikari writes the following summary in ECT:

The news that lawyers for The SCO Group have filed a new motion to reopen its case against IBM was greeted with incredulity, to put it mildly. Turns out that the bankrupt SCO really isn't attempting to retry the case -- there are some loose ends from the long and drawn-out proceedings that still need to be tied up. The motion did provide an excuse for traveling once more down memory lane, though.


What we have here is Microsoft-funded litigation. This one involved copyrights and Microsoft is currently trying patents, also using proxies to enhance impact (e.g. patent-stacking).

Thankfully there are some actions to curb patents in the US right now, even if some are misguided and badly-aimed [1, 2, 3]. Recently we got this ruling [1, 2] that "May Be A Boon For Biotech Startups" (no more patents on nature's basic genetics) and the text in Groklaw opens with:

I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.


Watch the patents boosters react. Pamela Jones replies to this booster by saying: "He's arguing CLS Bank was wrongly decided. Still. The law is quite specific that you can't patent function in such a broad way it closes off all competition such that no one else can make a device that "scrolls intuitively". But with software patents, that's exactly what has been happening, and that isn't even talking about the fact that software is mathematics and should not be patentable subject matter in the first place. But if it is going to be, the issue isn't hardware or software; it's specificity. If you want a patent, then, and it's 100% software, be specific so you patent only the precise way you did what you did; that leaves room for others to do it a different way. And that is what President Obama said he'd like to retrain the USPTO examiners so they recognize the difference."

In order to defend Linux we must watch out for patents on software and those who promote them. Microsoft is trying to sustain a SCO-like smear and scare, showing that the copyright plot against Linux is not completely dead yet (Microsoft has since then moved on to patents).

Recent Techrights' Posts

Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025