August 14, 2003

Litigation: The New Protection Racket

From a CNET report, SCO's unproven but loudly shouted claims to own key linux IP is paying off:

The Lindon, Utah-based company said it earned $3.1 million, or 19 cents per share, during its fiscal third quarter, compared with a loss of $4.5 million, or 35 cents a share, in the year-ago quarter. The company said third-quarter revenue was $20.1 million, up from $15.4 million a year ago.

SCO has enmeshed itself in the contemporary version of a shell game, except in their version, they never have to tell us what shell the ball is under--in fact, for all we know, the ball's off someplace else and each shell is empty.

The analogy doesn't completely hold, because in order to work properly it would also involve a seedy man holding a gun to each player's head, and informing them in low, certain tones that they should put their $100 down and walk away without ever finding out which shell the ball is under. If they decline the exit option and pick the wrong shell, the gun goes off. Or something like that.

See this Open Source analysis for a decidedly anti-SCO (but well researched) version of the situation:

Through phrases like “misusing and misappropriating SCO's proprietary software”, and through the enumeration of five categories of rights in paragraph 68, SCO/Caldera's complaint implies the existence of relevant intellectual-property rights based on patent, copyright, trade-secret, and trademark law as a background to the explicit matter of its licensing dispute with IBM over Linux.

It is notable that the complaint does so without ever actually stating what those claims are.

Posted by johndan at August 14, 2003 02:51 PM | TrackBack