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

How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock