平野です。 いやはや。：（
SCO Group は、20日にニューヨークで開催された『LinuxWorld』見本市に合わせるかのように、法的な「衝撃と畏怖」となる新たな訴訟を起こした。SCO が20日に発表した声明によると、同社は今回、Novell を相手取って「権利誹毀」の裁判を起こし、「『Unix』『UnixWare』について、SCO の権利を侵害しようとする背信行為があった」と申し立てているという。
SCO Group は、20日にニューヨークで開催された『LinuxWorld』見本市に合わせるかのように、法的な「衝撃と畏怖」となる新たな訴訟を起こした。SCO が20日に発表した声明によると、同社は今回、Novell を相手取って「権利誹毀」の裁判を起こし、「『Unix』『UnixWare』について、SCO の権利を侵害しようとする背信行為があった」と申し立てているという。
「LinuxWorld の開催時期との関係はない」と SCO の広報担当者 Marc Modersitzki 氏は述べた。
20日にユタ州ソルトレークシティのユタ州裁判所に申請されたこの裁判では、著作権侵害と商取引妨害についての申し立てがあった。コードに関しては、SCO が著作権の対象になっていると考えている Unix 技術で Novell が不適切な著作権申請を行なった、というのが SCO の主張だ。SCO はさらに、Unix および UnixWare の所有権について、Novell が偽の声明を公表していると述べている。
SCO の声明によると、Novell が「顧客と見込み客に SCO との取引を取り止めにさせようとして偽の声明を出した」というのが事業活動に関する主張だ。さらに、「Novell は不誠実にも、SCO が著作権を行使できないように邪魔をしようとした」と主張している。
訴訟のねらいは、法廷で金額が決められる損害賠償金だ。また、違法に取得した著作権についても、すべて SCO に権利があると認めるように Novell に命令することを要求している。
Novell 側は、著作権侵害とは認識していない。
「まだ訴訟の内容を見ていないのでコメントはできない。しかしわが社としては、権利を守るために対抗することだけは確かだ」と広報担当者の Bruce Lowry 氏は語った。
平野です。 [OT] ですみません。 「SCO、Novell を訴える」話に追加情報。時間がなくて翻訳できません。ご了承 ください。 この方、discuss@openoffice.org の常連さん。 「みんな！SCO に訴えられようぜ」 と激しています。 ちなみにこの方、SuSE Linux 9 Pro を買った！ユーザーです。 Christian Einfeldt wrote:
Here is a snip from a story from the Motley Fool investment guide:
Reporter Seth Jayson begins the story by giving the reader background info on how SCO is trying to shake down Linux users. Be sure to read the hilarious last line below about challenging SCO to file and serve him with a complaint. The editorial comments outside the quote marks are mine, not Seth's...
snip...
"But this week, SCO's rivals went on the offensive. Novell released papers to support its claim that it still owns the UNIX code in question. And Novell also began a well-publicized program that offers its Linux customers protection should they be sued by SCO.
"Then SCO's three-front war exploded into a lopsided battle royale. A consortium of Linux developers called the Open Source Development Labs (OSDL) launched a $10 million legal fund to protect any Linux user
from SCO's courtroom hounds. The OSDL's roster includes: Cisco
(Nasdaq: CSCO), Dell (Nasdaq: DELL), Ericsson, Fujitsu, Hitachi, HP, IBM, Intel (Nasdaq: INTC), Nokia, Red Hat, Sun Microsystems (Nasdaq: SUNW), Toshiba, and others."
(Oh, and Seth, it was $15 million according the WSJ, and they have already gotten $3 million in pledges, so SCO's tiger just got 50% bigger).
"If SCO thought threat-born licensing fees would provide a quick boost to the bottom line, it looks to have miscalculated. As fellow Fool Tom Taulli noted last month, SCO has tried to cast its lawsuits in apocalyptic terms. But with the entire computing world putting its money behind Linux, it appears that, for SCO, the apocalypse is now."
(Heh. We bad. Oh yes. We bad.)
"Seth Jayson is currently struggling through a new Linux install on a computer he built from an old wood crate. SCO may serve his papers at FoolishSeth@sethj.com."
(Heh. Wooden crate. Heh. With Linux, anything is workable. Heh.)
(Okay, so I say let's all follow Seth's lead and notify SCO where they can serve us with papers. We can all be sued together! Remember, if you are a party defendant, they can't exclude you from the courtroom, so this is the best way to get a prime seat for the carnival. And if I am right and SCO gets sanctioned for a frivolous lawsuit, that means that SCO might even get stuck paying for your tickets to get into the carnival!)
(The sad thing, though, is that I just called SCO at 801-765-4999, and asked for an interview for our movie, The Digital Tipping Point, and I offered to appear in Lindon to receive service of the summons and complaint, but Joanie Bingham of SCO said that they wouldn't sue me! I fee left out! I wanna be known as an evil lawbreaker, just like IBM! Hey, don't let those dark blue suits fool you, them IBM guys are bad people! They steal people's code! I guess I did too, even though I actually purchased my copy from SuSE.)
(Stand up for your right to be sued! End your life of crime! Come clean! Fess up to your violations of the DMCA! You'll feel so much better once you do!)
(For those of you out there who still have a conscience left, I would recommend that you contact either Joanie Bingham at 801-765-4999, or SCO press relations manager Blake Stowell at 801-932-5703. Also, send a written confession of your sins to SCO, 355 South 520 West Street, Suite 100, Lindon, UT, 84042. Emails may be sent to info@sco.com or to bstowell@SCO.com).
(Seriously, though, when I spoke to Joanie Bingham at SCO today, she said that SCO was not considering bringing claims against individual LInux users _AT THIS TIME_. In other words, Ms. Bingham has implied that it is possible that individual Linux users MIGHT be sued later, and certainly we know that the RIAA has filed suits against individuals whom it claims has violated its IP rights. I would like to know if I am going to be sued at any time in the future, or if I can forever go on with my business as an attorney using the SuSE Linux Pro 9.0 which I have purchased from SuSE.)
(Now it is important to keep in mind that SCO has been the subject in the past of an illegal denial of service attack [DOS], so this email is not intended, and should not be construed as a solicitation to disrupt SCO's business operations or impugn the reputation of any individual, or harrass or otherwise bother any individual. Please, keep these contacts to serious business contacts. If you are using Linux, then SCO contends that you are doing something wrong, as I undertand it, and I personally would like to get this matter straightened up so that I can go about continuing to use my SuSE Linux unmolested by concerns that I might somehow be violating some kind of either criminal or civil statute. If you do not have such concerns, then I personally would not recommend that you contact SCO with frivolous or offensive communications, for doing so is simply disrepectful and impolite. )
(I personally would recommend as a matter of common sense that anyone who contacts SCO should properly identify themselves so that SCO personnel will understand that their contacts with SCO are of a serious business nature, and not frivolous or harrassing. The tone of this email has been light-hearted at times, but there certainly are serious issues here which need to be addressed.)
(This email is not intended and should not be construed as either legal advice, nor an admission that I have, in fact violated any criminal or civil statutes in conjunction with my use of my paid version of SuSE Linux Pro 9.0., and such allegations are, to the contrary, hereby specifically denied. I further dispute any and all claims that SCO has to any IP rights in any software that I am currently using, and I am hereby putting SCO on notice that I believe that its attempts to impugn my right to use the software which I have purchased legally
from SuSE is interferring with my business operations as an
attorney. )
(I am hereby requesting that SCO cease and desist in its unfounded claims, if any, against me based on my use of SuSE Linux Pro 9, and that SCO further send me a written acknowledgement that I am within my rights to use SuSE Linux 9 or serve me with appropriate summons and complaint so that I might at this time submit a request to the Open Source Development Labs [OSDL] a request for a legal defense. No joke. I find it offensive and disruptive of my business that I must evaluate SCO's claims, if any, which I consider to be meritless.)
Respectfully submitted,
Christian J. Einfeldt, Esq. Law Offices of Christian J. Einfeldt 580 California Street, Suite 1600 San Francisco, CA 94104
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平野です。さらに追加です。すみません。 これで終わりにします ：） 「みんな、SCO に訴えられよう！」の歌 ：） Linuxユーザーサイドバージョンと SCOサイドバージョンがあります。:) khirano Wesley Parish wrote:
Enjoy!
Rainy Day Women # 12 & 35, rewritten to provide Darl McBride a Greek chorus. Now, from the Linux User's Perspective: Brainy Day User # Fortunes 1000 & 500
Well, they'll sue ya when you're trying to be so good, They'll sue ya just a-like they said they would. They'll sue ya when you're tryin' to go home. Then they'll sue ya when you're there all alone. But I would not feel so all alone, Everybody must get sued.
Well, they'll sue ya when you're walkin' 'long the street. They'll sue ya when you're tryin' to keep your seat. They'll sue ya when you're walkin' on the floor. They'll sue ya when you're walkin' to the door. But I would not feel so all alone, Everybody must get sued.
They'll sue ya when you're at the breakfast table. They'll sue ya when you are young and able. They'll sue ya when you're tryin' to make a buck. They'll sue ya and then they'll say, "good luck." Tell ya what, I would not feel so all alone, Everybody must get sued.
Well, they'll sue you and say that it's the end. Then they'll sue you and then they'll come back again. They'll sue you when you're riding in your car. They'll sue you when you're playing your guitar. Yes, but I would not feel so all alone, Everybody must get sued.
Well, they'll sue you when you walk all alone. They'll sue you when you are walking home. They'll sue you and then say you are brave. They'll sue you when you are set down in your grave. But I would not feel so all alone, Everybody must get sued.
------ Now, from the Suer's (Ie, Darl McBride's) Perspective: Brainless Day Abuser # Fortunes 1000 & 500
Well, I'll sue ya when you're trying to be so good, I'll sue ya just a-like I said I would. I'll sue ya when you're tryin' to go home. Then I'll sue ya when you're there all alone. But I would not feel so all alone, Everybody must get sued.
Well, I'll sue ya when you're walkin' 'long the street. I'll sue ya when you're tryin' to keep your seat. I'll sue ya when you're walkin' on the floor. I'll sue ya when you're walkin' to the door. But I would not feel so all alone, Everybody must get sued.
I'll sue ya when you're at the breakfast table. I'll sue ya when you are young and able. I'll sue ya when you're tryin' to make a buck. I'll sue ya and then I'll say, "good luck." Tell ya what, I would not feel so all alone, Everybody must get sued.
Well, I'll sue you and say that it's the end. Then I'll sue you and then I'll come back again. I'll sue you when you're riding in your car. I'll sue you when you're playing your guitar. Yes, but I would not feel so all alone, Everybody must get sued.
Well, I'll sue you when you walk all alone. I'll sue you when you are walking home. I'll sue you and then say you are brave. I'll sue you when you are set down in your grave. But I would not feel so all alone, Everybody must get sued.
-----
Wesley Parish
On Tue, 20 Jan 2004 11:50, John Buell wrote:
All we need is someone to write/distribute a song about this whole mess, set to a classic Bob Dylan track "Everybody MUST get sued" (if I knew enough about the original's lyrics and SCO's claims, I could do it myself, from Darl's perspective....)
I'm goin wildly OT here, so I'll just say OOo team keep up the good work! ;)
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Hirano Kazunari