• SCO lawsuit is back from the dead (really, no joke)

    From Auric__@21:1/5 to All on Thu Apr 1 20:34:45 2021
    You know, I hate April Fool's day. With a seething passion. I especially
    hate when news breaks on 4/1.

    This one actually came to light yesterday, but I just now found out about
    it. First, the headline at the site that seems to have broken the news
    (watch the word wrap):

    https://www.prnewswire.com/news-releases/xinuos-sues-ibm-and-red-hat-for-
    antitrust-violations-and-copyright-infringement-alleges-ibm-has-been-
    misleading-its-investors-since-2008-301259756.html

    Now, the headline at the Register:

    "IBM, Red Hat face copyright, antitrust lawsuit from SCO Group successor
    Xinuos"
    https://www.theregister.com/2021/03/31/ibm_redhat_xinuos/

    Yes, really, the SCO lawsuit is back from the dead, this time from SCO's successor, Xinuos. Finally, ZDNet also covered it today (which is where I
    heard about it, missed it at El Reg):

    "SCO Linux FUD returns from the dead"
    https://www.zdnet.com/article/sco-linux-fud-returns-from-the-dead/

    To summarize, Xinuos (under their previous name, UnXis) bought the Unix IP
    and product lines from SCO 10-ish years ago, and now is suing IBM and Red
    Hat, despite saying they wouldn't at the time of the purchase:

    In 2016, CEO Sean Synder said, "We are not SCO. We are investors who
    bought the products. We did not buy the ability to pursue litigation
    against IBM, and we have absolutely no interest in that."
    [...]
    So, what changed? The company appears to have fallen on hard times.

    The actual claim is veering toward tinfoil hat territory:

    First, IBM stole Xinuos' intellectual property and used that stolen
    property to build and sell a product to compete with Xinuos itself.
    Second, stolen property in IBM's hand, IBM and Red Hat illegally agreed to
    divide the relevant market and use their growing market powers to
    victimize consumers, innovative competitors, and innovation itself.
    Third, after IBM and Red Hat launched their conspiracy, IBM then acquired
    Red Hat to solidify and make permanent their scheme.

    I mean, yeah, I wouldn't put it past Big Blue to attempt to monopolize, but
    I don't think they would steal IP to do it, and I especially don't think
    they would buy another company just to compete with Unix.

    The end of the ZDNet article sums it up nicely:

    Xinuos has offered no proof of its assertions.
    I'm so surprised.

    Now, if only pj would bring Groklaw back from the dead. This would be right
    up her alley.

    --
    If it's worth using, it's worth paying for.
    If you don't want to pay for it, use something free.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Big Bad Bob@21:1/5 to All on Mon Apr 5 11:50:46 2021
    On 2021-04-01 13:34, Auric__ wrote:
    You know, I hate April Fool's day. With a seething passion. I especially
    hate when news breaks on 4/1.

    This one actually came to light yesterday, but I just now found out about
    it. First, the headline at the site that seems to have broken the news
    (watch the word wrap):

    https://www.prnewswire.com/news-releases/xinuos-sues-ibm-and-red-hat-for-
    antitrust-violations-and-copyright-infringement-alleges-ibm-has-been-
    misleading-its-investors-since-2008-301259756.html

    Now, the headline at the Register:

    "IBM, Red Hat face copyright, antitrust lawsuit from SCO Group successor
    Xinuos"
    https://www.theregister.com/2021/03/31/ibm_redhat_xinuos/

    Yes, really, the SCO lawsuit is back from the dead, this time from SCO's successor, Xinuos. Finally, ZDNet also covered it today (which is where I heard about it, missed it at El Reg):

    "SCO Linux FUD returns from the dead"
    https://www.zdnet.com/article/sco-linux-fud-returns-from-the-dead/


    etc.

    Once again, they *FEEL* as if when *THEY* try the same thinig that has
    failed [and irritated everyone else] in the past, it'll WORK this time...

    (that's one definition of insanity in case anyone forgot)

    I understand that a good amount of the code in question actually
    originated in the BSD code, and was taken _FROM_ BSD and put into UNIX, particularly SCO's variety, as well as into Linux.

    One person online has also made the point that this case can be won
    against SCO's successor by stating TWO WORDS:

    "Vexatious litigation"
    https://en.wikipedia.org/wiki/Vexatious_litigation

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)