[HN Gopher] After 18 years, SCO's IBM litigation may be settled ...
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After 18 years, SCO's IBM litigation may be settled for $14.5M
 
Author : MilnerRoute
Score  : 104 points
Date   : 2021-08-28 15:32 UTC (7 hours ago)
 
web link (news.slashdot.org)
w3m dump (news.slashdot.org)
 
| marcodiego wrote:
| Who will pay? Who will get the money?
 
  | peepohpoopah wrote:
  | The lawyers will get the money.
 
  | jepler wrote:
  | "The Estates" are the corpse of SCO, and "The Trustee" is the
  | court-appointed trustee for The Estates. So, it would seem that
  | IBM is going to pay $14 million to the corpse of SCO.
 
    | phire wrote:
    | And I wouldn't be surprised if the corpse of SCO will pay all
    | of it to their lawyers.
    | 
    | Though there is a slim chance there will be some left over,
    | and will go to the shareholders.
 
      | axiolite wrote:
      | > And I wouldn't be surprised if the corpse of SCO will pay
      | all of it to their lawyers.
      | 
      | That's not how it's supposed to work:
      | 
      | https://news.ycombinator.com/item?id=26693487
 
  | mixmastamyk wrote:
  | And what are they paying for? Case was always described as
  | meritless.
 
    | ghaff wrote:
    | IANAL but I assume to close the books and be able to stop
    | paying their own lawyers on anything related to the case,
    | however relatively minor--and perhaps to mitigate any future
    | risk, however minor.
 
      | mixmastamyk wrote:
      | Thanks, wonder why there was no final ruling yet.
 
| natas wrote:
| This is probably the best ending the Linux community could have
| hoped for; however, I'm dismayed that SCO burnt itself in flames,
| it was actually a very good operating system; not GNU/Linux-good,
| but very good back in the days. I understand they lost a lot of
| business to Linux (so did Microsoft etc.) and that's how the
| system works; but they were "stuck" because they couldn't open it
| as it held files with various copyrights (AT&T, Novel, etc.) whom
| wouldn't have agreed to this. What could/should have they done
| instead? Well, I can't think of anything as most of the
| commercial unix vendors are gone now (Irix, Solaris, Tru64,
| etc.).
 
  | kevin_thibedeau wrote:
  | That SCO isn't the one that launched the suit. It was
  | Caldera/SCO that did it and already had a business selling
  | support for their Linux distro.
 
    | ghaff wrote:
    | The whole thing was/is a tangled web. I spent months on this
    | case at one point and even I'd have to go back to my notes to
    | reconstruct the whole messy timeline.
 
  | yjftsjthsd-h wrote:
  | IIRC, the SCO that made SCO Unix was purchased by another
  | company which renamed itself SCO and started filing lawsuits;
  | the company you recall fondly is not actually the company that
  | we are here to discuss.
 
  | throwaway81523 wrote:
  | > This is probably the best ending the Linux community could
  | have hoped for
  | 
  | I would have hoped for an ending more like Prenda Law's.
 
  | axiolite wrote:
  | > This is probably the best ending the Linux community could
  | have hoped for
  | 
  | No, IBM's counter-suit being successful and those who launched
  | the ridiculous lawsuit being fined, disbarred, and or thrown in
  | jail would be the best ending. The fact that TSG will get a
  | pittance out of it is not sufficient discouragement against
  | future lawsuits.
 
    | natas wrote:
    | This wouldn't have been possible with a judge that ignorant.
 
  | wmf wrote:
  | Maybe SCO could have spun their properties as advantages:
  | stable driver ABI, ISV/IHV certification, Unix/Posix
  | certification, support, etc. They could have had a free
  | "CentSCO" version and charged for support like Red Hat.
 
  | mixmastamyk wrote:
  | > What could/should have they done instead?
  | 
  | Gone quietly into the night with their dignity intact.
 
    | gjsman-1000 wrote:
    | Or, "if you can't beat 'em, join em." Adopt Linux-based
    | systems and support both classic and Linux offerings. Adapt.
 
      | Dracophoenix wrote:
      | Change Linux to FreeBSD and that's what Xinuos is doing
      | right now with Openserver 10.
 
  | ghaff wrote:
  | Some version of SCO had already made a hash of a multi-vendor
  | datacenter Unix. Before Linux became commercially popular there
  | was a lot of interest in 2nd and 3rd tier vendors in an
  | enterprise Unix that would have enough marketshare to interest
  | ISVs. But the project pretty much flopped.
  | 
  | Linux didn't really have a big effect on SCO until they were
  | already flailing. It was mostly Windows NT that was eating
  | their lunch. SCO tried to claim that it was Linux that caused
  | them to go downhill but the timeframes just don't line up.
  | Source: I spent a lot of time studying this at the time.
 
| morpheos137 wrote:
| Did anybody else notice that Xinuos is So Unix backwards?
 
  | mirekrusin wrote:
  | Xinunotihs Corp
 
| steelframe wrote:
| I worked at the IBM Linux Technology Center back when this whole
| clusterfsck was just taking off. Without going into details, it
| impacted how I was able to get my job done. The damage that the
| SCO Group inflicted on the world by making it a lot more
| difficult for companies like IBM to contribute toward Linux is
| immeasurable, and I can only laugh bitterly when I see a
| settlement amount measured in a measly 8 figures. The industry-
| wide FUD that SCO inflicted has been far, far more damaging.
 
| Svperstar wrote:
| I'm old. I remember reading about this crap back in 2003 and
| thinking "I'm sure it will be thrown out of court in a year or
| two". The court system is nuts.
 
| Twirrim wrote:
| Xinuos, founded by former SCO leaders filed a lawsuit against IBM
| & Red Hat, back in April https://lwn.net/Articles/851315/ (no, it
| wasn't an april fool's day joke). https://www.xinuos.com/xinuos-
| sues-ibm-and-red-hat/, alleging anti-competitive behaviour etc.
| Xinuous produces newer versions of *nix based OSs that the SCO
| Group used to produce, the OpenServer and UnixWare brands.
| 
| So even though SCO group is finally (finally?!) dying, everything
| is still pretty much business as usual.
 
  | krylon wrote:
  | Well, IBM certainly is no stranger to anti-competitive
  | behavior. If SCO had focused on breach of contract from the
  | beginning, their case actually would have had some merit, IMHO.
  | 
  | But then they went bananas and made fools of themselves with
  | the whole Linux-copyright-violation bit, destroying their case
  | more thoroughly than IBM's lawyers could have done.
 
    | AtlasBarfed wrote:
    | they were paid to do that by microsoft as a fud war?
    | 
    | This case was never about merit.
 
      | cptskippy wrote:
      | It seems Microsoft did funnel money to SCO by first
      | agreeing to pay a $16m licensing fee to SCO for something
      | that they fought against having to pay in the 80s and for
      | which SUN only paid $9m. They also gave $50-60m to an
      | investment firm which intern gave it to SCO.
      | 
      | Beyond financing the fight, there hasn't been any other
      | evidence of their involvement. Anything else is just
      | conspiracy theories.
 
        | ghaff wrote:
        | Microsoft was certainly in full "Linux is a cancer" mode
        | at the time, and even had an executive, Martin Taylor,
        | who was essentially their Linux attack dog. That said,
        | while they were certainly not opposed to what SCO was
        | doing, there's not much evidence that they were the man
        | behind the curtain either.
 
      | krylon wrote:
      | As far as I know - which isn't very far! - Microsoft
      | started to support SCO only after they had dragged IBM to
      | court.
      | 
      | SCO had pretty much bet the future of the company on their
      | and IBM's joint Itanium Unix, and when IBM pulled out of
      | the project, SCO was rather screwed[0]. Suing IBM for
      | breach of contract was a sensible decision, as far as I can
      | tell.
      | 
      | [0] Considering what a phenomenal failure Itanium became, I
      | suspect they were screwed either way.
 
        | ghaff wrote:
        | Very different case and fact pattern of course, but HP
        | won a $3B lawsuit against Oracle because of the latter
        | dropping Itanium support.
        | 
        | Fun personal fact. Apparently HP actually used an analyst
        | report I wrote as one of their exhibits in that case.
 
  | smorgusofborg wrote:
  | I'm confused, if SCO sold off its rights to a new company the
  | settlement should go to the new company?
  | 
  | If the price didn't reflect the potential of this settlement
  | then that could have been an accounting crime against the now
  | bankrupt SCO, but I don't see why SCO would be entitled to any
  | duplicate claims.
 
    | ch_123 wrote:
    | SCO only sold the IP for Unixware and OpenServer to Xinuos,
    | retaining whatever rights were needed to continue the
    | lawsuits with IBM and others. I believe at that point, the
    | leftovers of SCO were called TSG (short for "The SCO Group").
    | In their early days, Xinuos would make a point of stating
    | that the old SCO lawsuits were nothing to do with them.
 
      | cstross wrote:
      | The irony here is that the _real_ , original SCO (or
      | rather, the Santa Cruz Operation) sold their IP and Unix
      | business to a company called Caldera -- who had already
      | successfully sued Microsoft over the DR-DOS/Windows 95
      | lawsuit started back in the day by Digital Research, whose
      | IP rights they'd purchased. Caldera were an also-ran Linux
      | distributor who ran out of capital in the 1996-98 time
      | frame (I forget precisely when) and pivoted into
      | litigation. The Microsoft lawsuit victory gave them the
      | money to buy the SCO IP and go after IBM, which turned out
      | to be a Really Bad Idea because IBM's legal department back
      | then made Microsoft's look like a teddy bear.
      | 
      | The original SCO changed their name (Tarantella? I think?)
      | and were eventually absorbed by what was left of Borland.
      | 
      | Irony: I worked at (original, non-litigious, UNIX-
      | developing) SCO circa 1991-95; if SCO's execs had their eye
      | on the ball they could have rolled out their own Linux
      | distro with a _ton_ of valuable extras backported from Open
      | Server and cleaned Red Hat 's clock. But instead, despite
      | half of the UNIX dev team moonlighting on open source
      | projects, the official line was that Linux was an amateur-
      | hour hobbyist project that nobody would ever pay for.
 
      | smorgusofborg wrote:
      | That would make sense but this is the quote on their own
      | website:
      | 
      | "While this case is about Xinuos and the theft of our
      | intellectual property," said Sean Snyder, President and CEO
      | of Xinuos. "It is also about market manipulation that has
      | harmed consumers, competitors, the open-source community,
      | and innovation itself."
      | 
      | Edit- unless you are saying their claim is that someone
      | would rip off new code at this late a point in their dead
      | branch of UNIX? That would be possible I guess, but they
      | would have to be delusional to a point that strains
      | credulity.
 
        | scns wrote:
        | How come i get the feeling of listening to a scumbag
        | talking out of his behind? Does Xinuos have more than one
        | employee?
 
        | AnimalMuppet wrote:
        | No, it's not about Xinuos's code (if any). It's about
        | rights to the property that they bought from SCO. That
        | purchase lets Xinuos say "our", even though it's not
        | theirs by authorship.
 
        | [deleted]
 
        | axiolite wrote:
        | Things are confusing because Xinuos recently launched a
        | brand new lawsuit against IBM and IBM owned RedHat.
        | Xinuos' claims in that case are all about anti-
        | competitive behavior and nothing about TSG's historical
        | accusations of code theft and breach of contract.
        | 
        | I'd actually say the lawsuit is about Xinuos' failed
        | business model:
        | 
        | * The infamous SCO vs Novell & IBM lawsuit soured
        | everyone on SCO, so companies got their software off of
        | OpenServer/UnixWare as quickly as they could.
        | 
        | * Those few who continue to use SCO products have
        | existing OS & user licenses that will remain valid in
        | perpetuity (or until the 2038 bug renders them unusable),
        | and virtualization allows continued use of those old OSes
        | on modern hardware without help from Xinuos.
        | 
        | * Their "V" (VMWare virtualization) releases amount to
        | pre-installed disk drivers and small performance tweaks,
        | and for that they switched to an annual subscription
        | model that it seems nobody will buy-in to.
        | 
        | * Some of their releases like OpenServer 6 broke some
        | backwards compatibility. Newer releases like OpenServer
        | 10 are just rebadged FreeBSD with a bit of SCO legacy
        | binary compatibility thrown-in.
        | 
        | * The ascendancy of Linux made SCO and Xinuos' expensive
        | commercial OS products increasingly irrelevant before the
        | IBM/Novell lawsuits, and only ever more so today.
 
| fortran77 wrote:
| When I first moved to Silicon Valley, I worked for Olivetti's R&D
| lab and we did a lot of work with SCO. In the early days if x386
| "Xenix" and Unix, they were one of the coolest companies around.
| We loved going down from Cupertino to Santa Cruz and working with
| them.
 
| dehrmann wrote:
| Feels appropriate linking to Slashdot for this bit of news.
 
  | mixmastamyk wrote:
  | In soviet russia, a beowulf cluster of cowboy neals serves hot
  | grits to you! :D
 
    | dehrmann wrote:
    | I remember seeing Cowboy Neal on IRC and feeling like it was
    | a celebrity sighting.
    | 
    | The world needs a Cowboy Neal option.
 
| marcodiego wrote:
| It is a shame that after all the damage they did, they will still
| get millions from this.
 
  | edmundsauto wrote:
  | If it makes you feel better, I'm guessing that every penny went
  | to their attorneys (and then some!)
 
| cheese_van wrote:
| Ages ago, the Santa Cruz variant of SCO ran some key components
| of the State Department's sensitive communication system. The
| rigs were good, solid and did their job. It was sad when they
| morphed into the bad SCO.
 
| isatty wrote:
| Slashdot is breaking the browsers back button now, seriously?
| 
| HN should not allow urls that do this to be posted.
 
  | justinsaccount wrote:
  | Open links in new tabs to avoid this "problem" entirely.
  | 
  | Right click or long press the back button to go back more than
  | one step at a time.
  | 
  | If you still have issues complain to your browser vendor, not
  | HN or slashdot.
 
    | isatty wrote:
    | I can also restart my phone or buy a new one to avoid this
    | problem entirely. I guess I'll do that.
 
      | anaganisk wrote:
      | You know, if your browser is allowing for its back button
      | to be hijacked, its right to blame browser rather than,
      | people who use its API. What next block websites that track
      | locations, send notifications? If your phone needs a
      | restart, to close a website. I think you have bigger
      | problems with that phone.
 
      | binarybanana wrote:
      | I recommend PinePhone.
 
  | jffry wrote:
  | I was able to click on the link, and click back to return to
  | these comments, in both FF and Chrome. What behavior are you
  | seeing that's different?
 
    | iforgetti wrote:
    | On iPhone Safari, after clicking the article link, I cannot
    | navigate back to HN using the back button.
 
    | oasisbob wrote:
    | It's using whatever library stuffs an extra page in your
    | history, "More stories to check out before you go!" in a blue
    | banner at the top of the page. (iOS chrome)
 
      | Igelau wrote:
      | I dub this pattern the "chum blast"
 
    | gpm wrote:
    | I was unable to go back on mobile Firefox. Going back would
    | instantly redirect me back forwards.
    | 
    | Edit: Tested on desktop firefox, and it works fine there.
 
    | isatty wrote:
    | I'm guessing you've ublock origin or similar on those
    | browsers thats mitigating it. It's broken on safari (iOS).
 
      | jffry wrote:
      | I tried again with brand new, blank profiles in Chrome and
      | Firefox (default settings, no extensions) and still can't
      | make it hijack the back button.
 
    | bombela wrote:
    | Firefox Android, it fills the back history in a loop. With a
    | long press on the back button though I can then jump over the
    | looping page. Back to HN.
 
  | MilnerRoute wrote:
  | From the official Hacker News Guidelines:
  | 
  |  _" Please don't complain about website formatting, back-button
  | breakage, and similar annoyances. They're too common to be
  | interesting."_
  | 
  | UPDATE: Right now 43% of the comments on this story are about
  | the site's back-button behavior.
  | 
  | https://news.ycombinator.com/newsguidelines.html
 
    | Igelau wrote:
    | That's a stupid rule. I'm glad for the warning, because now I
    | know not to click it. Formatting is one thing, and I and see
    | why griping about that is boring. "Caution Dark Patterns
    | Ahead" is a useful warning.
 
| fergie wrote:
| I assumed that this case had been resolved like a decade ago.
| Does anybody else remember when SCO vs Linux (as reported by
| Groklaw) was an obsession of tech news sites?
 
  | ghaff wrote:
  | The case was essentially zombie-fied (no, that's not actually a
  | legal term) over a decade ago but, in spite of a couple events
  | since, the final stake never got driven.
 
  | AnimalMuppet wrote:
  | Yup. It was a daily visit for me. Did a bit of time at the
  | courthouse reporting. Fun times...
 
| dzdt wrote:
| Who else misses groklaw, BTW? That was my favorite tech law site
| for many years.
| 
| [1]
| http://www.groklaw.net/staticpages/index.php?page=2003101616...
 
  | smhenderson wrote:
  | I miss it but it was never the same without PJ and I hope she's
  | been able to move on and is doing well.
 
    | willvarfar wrote:
    | What happened?
 
      | smhenderson wrote:
      | It's complicated and I can't do it justice in a comment
      | here. This is a pretty good summary [0] of the atmosphere
      | near the end and some thoughts from PJ on why it all had to
      | end, at least her part in it.
      | 
      | [0]
      | http://www.groklaw.net/article.php?story=20130818120421175
 
      | ghaff wrote:
      | https://www.zdnet.com/article/privacy-concerns-cause-pj-
      | to-c...
      | 
      | Basically she had privacy concerns. As I recall, at least
      | one journalist had tried to track her down in real life.
 
        | Sunspark wrote:
        | Real cloak and dagger stuff.
 
        | ghaff wrote:
        | Well, without reopening ancient wounds, it actually
        | wasn't unreasonable to ask who the person behind this
        | popular and influential anti-SCO website was. Certainly
        | the question would have come up with a pro-SCO website.
        | 
        | I personally know an analyst who was convinced it was a
        | sock puppet site for one of the litigants. I don't think
        | he was ever convinced otherwise even though a journalist
        | friend of mine, who I absolutely trust, assured me it was
        | a real person who was about as you would imagine.
        | 
        | So, yeah, I believe PJ was more or less who she appeared
        | to be. I'd also expect people would be very skeptical
        | about such a blogger's identity under different
        | circumstances.
 
        | Natsu wrote:
        | There were all kinds of questionable things going on. I
        | read for long enough to be convinced that it really was a
        | single person, but I think that they were skeptical
        | because she got a lot of contributions from others who
        | helped look into some of the legal matters, so in another
        | sense she was the face of the Groklaw community. I don't
        | know for sure if that was really her name, etc., because
        | I never knew her other than online, but she had a
        | distinct writing style that would not be easy to
        | replicate, so she was always a single voice and she was
        | relatively unknown, as far as I could tell, until she
        | started getting posted to Slashdot regularly.
        | 
        | But yes, SCO really was moving against her in the
        | background, so she had some reason to be paranoid there.
 
        | ghaff wrote:
        | Totally agree. My default assumption is that even if she
        | was a fellow traveler with the anti-SCO camp, she wasn't
        | funded although that could be naive of me.
        | 
        | But, yes, in general there were fellow travelers with
        | various camps behind the scenes and money flowed in
        | deniable ways.
        | 
        | I suspect it was a pseudonym given her concern about
        | privacy and that being a common name, although not
        | obviously such.
 
        | Natsu wrote:
        | It was reported by a few journalists that Pamela Jones
        | was her real name, but yeah, I have no way to verify that
        | and ultimately it didn't matter, because the information
        | was being collected and presented in public.
        | 
        | The community could, and did, call her on it when they
        | believed she was making motivated arguments during the
        | TurboHeracles affair. This to my mind shows that it was
        | really a community and not just an echo chamber.
 
        | ghaff wrote:
        | As someone who was somewhat on the inside, there were a
        | lot of things about the SCO case that resolved to you're
        | either with us, and ignore inconvenient facts, or you're
        | against us. I was certainly on the other side from SCO
        | but there were certain narrow and largely irrelevant
        | things that you sort of weren't allowed to acknowledge.
        | 
        | Basically, there were a few trivial copyright
        | infringements.
 
        | Natsu wrote:
        | Yeah, SCO was trying to depose her at one point so she
        | ducked the subpoena (the "health break", IIRC... couldn't
        | admit to being aware of it being served). They tried to
        | track down her phone, etc. and there was an article of a
        | woman with her name at one point, though I believe she
        | disputed that it was actually her.
        | 
        | Then the TurboHercules thing started and her position on
        | that didn't sit well with some in the open source
        | community since they weren't exactly real threats to open
        | source and the shadowbans started, etc.
        | 
        | Then she left the final goodbye note which is still up: h
        | ttp://www.groklaw.net/article.php?story=20130818120421175
 
        | ghaff wrote:
        | Essentially, it became a fade away or become a public
        | figure and she chose the former. Which there's certainly
        | nothing wrong with.
 
| bborud wrote:
| It is fitting that this is reported on Slashdot.
 
  | axiolite wrote:
  | Why? Because Slashdot is a hideous zombie of its former self,
  | sold off several times to different owners, and now all about
  | politics and inaccurate / flamebait semi-tech stories with the
  | credibility of a tabloid? I guess that's fitting.
 
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