And in AutoZone, it would like to "expand" its copyright claims to include OpenServer. Surprise. Surprise. That's all it reliably has left to use to be annoying, I think. It also wants to add a claim for breach of agreements. Presumably this is to try to avoid losing outright, now that Novell has been ruled the owner of the copyrights SCO initially sued about. So, even if Novell is upheld by the appeals court, SCO evidently wants to continue somehow, in some way, whatever works. SCO tells the court that the court can allow the amendment, if justice so requires. I am not sure justice is the foundation on which I'd build my house, if I were SCO. People might start to have deep thoughts.

We have now finished the exhibits to SCO's latest proposed APA, and I want to say thank you to everyone who pitched in. What a job that was!

Date Sat, 27 Jun 2009 05:19:33 +1000
Subject [PATCH] Added CONFIG_VFAT_FS_ DUALNAMES option
From tridge@samba ...

This is a new patch for VFAT long filename support, replacing the one that I posted last month. It retains a lot more functionality then the previous patch.

A FAQ will be posted immediately after this patch to answer the questions that were raised from the previous discussion.

Cheers, Tridge

Details can matter. Let me give you an example. Remember when SCO's Darl McBride told the court in the SCO v. Novell trial in Utah that the only way to get Unix System V was to buy UnixWare, that he suspected that anything of value in the former was in UnixWare? Look at the products they are selling, though, or proposing to sell, as listed on Exhibit B, under the subheading 'Operating System Products'. Does that list seem to you to match SCO's story?

Here's what I see: more UNIX System V operating systems products than UnixWare products. Didn't SCO tell the court that the UNIX System V products had no monetary value to shake a stick at, that they were just thrown in for free when people bought UnixWare? Yet, here they are selling them, as far as I can tell.

I'll keep adding Exhibits as I can get them hand-typed. Exhibit C is hard, hard, hard, so if anyone can help out, it'd be a real boon. It's like the early days of Groklaw, when we had to hand type everything.

I'll call that the Neolithic Period of SCO'S litigation wars against Linux, and back then, we at Groklaw had to have a volunteer go and pick up the complaint from the US District Court in Wilmington, Delaware in person, because the courts then were not yet digitized, then scan the pages in as PDFs, then another volunteer, IIRC, then had to make all the pages into one PDF, and then for unknown reasons I never did a text version. Exhaustion probably.

Also back then, it was Groklaw's prehistoric period too, and I had no idea Groklaw would end up the public's permanent record of the SCO v. Linux lawsuits. Anyway, we just realized we needed to do it, and thanks to four more volunteers -- both new ones and some from the original group, still here, still helping out -- here is the text version at last. I hope you enjoy it, because a lot of volunteers make up the warp and weft of this text version.

It's very timely, because this is the complaint that SCO has asked the bankruptcy court to rule is disallowed and Red Hat has responded vigorously. I expect a real battle on this one, as Red Hat's legal team are some serious dudes, so I have restored the Red Hat Timeline link to our main menu, so you can find it easily as we go forward.

Since the SEC version is HTML, one wonders why SCO filed a scanned PDF instead of a digital copy with the bankruptcy court. They just represented to the court that they file a digital copy whenever possible.

You will want to have on hand the exhibits [PDF] which were attached to this proposed APA, to fully comprehend the deal. Of course, some of the exhibits are sealed, so you can't fully understand it, but you can get enough to grasp what it is SCO is trying to achieve. (More or less what the last such proposed plan tried to achieve, I'd posit, namely SCO gets to escape all consequences, while the litigation goes on and on.)

06/23/2009 - 818 - Certificate of Service Regarding Debtors' Motion for Authority to Sell Property Outside the Ordinary Course of Business Free and Clear of Interests and for Approval of Assumption and Assignment of Executory Contracts and Unexpired Leases in Conjunction With Sale (related document(s) 815 ) Filed by The SCO Group, Inc.. (Billion, Mark) (Entered: 06/23/2009)

06/23/2009 - 819 - Exhibit /Exhibits to Purchase and Sale Agreement Regarding Debtors' Motion for Authority to Sell Property Outside the Ordinary Course of Business Free and Clear of Interests and for Approval of Assumption and Assignment of Executory Contracts and Unexpired Leases in Conjunction with Sale (related document(s) 815 ) Filed by The SCO Group, Inc.. (Makowski, Kathleen) (Entered: 06/23/2009)

06/23/2009 - 816 - Response / Red Hat, Inc.'s Preliminary Response to Debtor SCO Group, Inc.'s Objection to Claim of Red Hat, Inc. Filed by Red Hat, Inc.. (Millar, James) (Entered: 06/23/2009)

06/23/2009 - 817 - Certificate of Service (related document(s) 816 ) Filed by Red Hat, Inc.. (Millar, James) (Entered: 06/23/2009)

It wants to sell some of the Mobility business, retaining part of it, along with selling the Unix business and "many of [SCO's] subsidiaries" to an entity called UnXis. I've never heard of it either. Think there might be trademark issues? Try going to Google and search for "unXis Delaware" and you get a list of UNIX jobs and such. The APA is signed by Steven Norris. If you go to Delaware Division of Corporations, you'll find there is a UNXIS, Inc. incorporated this month, on the 12th. You'll find the part about suing other Linux users on page 3 of the Motion, paragraph 5.

SCO will retain the litigations, and I gather the plan is to make them as close to counterclaim-proof as one can be. We'll read the details together. If they provide them. I note the opening words say that the APA is attached as Exhibit A, "without voluminous schedules and exhibits". I don't know about IBM, Novell, and the US Trustee's Office, but I would prefer to read those voluminous schedules and exhibits, myself. They say it'll be posted someday on their website.

[Update 2: SCO has posted a FAQ on their website, that makes me wonder if this is really a sale or just a renaming. Let me show you some key paragraphs.