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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day