[Linux-aus] Re: [Talk] SCO Linux kernel still being distributed

Con Zymaris conz at cyber.com.au
Sun Jul 27 20:21:40 EST 2003

On Sun, Jul 27, 2003 at 06:09:17PM +1000, Jeff Waugh wrote:
> <quote who="Greg 'groggy' Lehey">
> > > We have much stricter corporate law than the US, we don't need to rely
> > > on just that.
> > 
> > Well, yes, but that's another matter.  Let's look at it.  As I've already
> > stated, the ACCC currently don't see any reason to get involved.  Can you
> > point to something which we can do now?
> You said earlier that they haven't made any statements in Australia, I
> replied that at the very least, Kieran had (on a number of other occasions
> too). So again, how public does a statement from SCO's representatives and
> employees need to be? The ACCC, now under less controversial leadership,
> won't leap into anything like this without a lot of "encouragement".

not sure if this sheds light much light on the US perspective...


 Re: Should we get the DOJ or FTC involved?
 Name: Robert Hahn

 I'm not a lawyer, and I don't play one on the Internet, but I don't think 
 the regulatory guys can move until SCO makes an actual offer to sell one 
 of these licenses. An offer to sell has to include a price, and a description 
 of the thing to be sold. Only then have they actually solicited money for 
 a good. You'll notice that SCO is very careful not to cross that line. They 
 haven't said what the price is... it's "we're looking into it." If you 
 actually want to buy one these licenses, you can't.
 My hunch is that they never will offer these licenses. The minute they do, 
 they can be charged with misrepresentation of need -- the fraud of 
 soliciting money under the pretense that "you need this license to run 
 linux" when they cannot demonstrate that anyone needs any such thing. 
 They'll be lucky if they sell two before they get an injunction making 
 them stop, until they prove their claim that they own something that's in 
 This whole thing looks to me like just more "pump and dump." Wave visions 
 of vast revenues from all those linux users in front of investors. Then 
 ease a few more insider shares into the market. These guys are cruising 
 for a securities fraud indictment with this stuff. You have McBride up there 
 talking about all this phantom revenue, while the CFO is quietly dumping 
 his shares. The SEC won't miss this... SCO has enough enemies that we can 
 be sure this insider selling during a big press hype has been brought to 
 their attention.


Con Zymaris <conz at cyber.com.au> Level 4, 10 Queen St, Melbourne 03 9621 2377 
Cybersource: Unix/Linux, TCP/IP and Web App. Development  www.cyber.com.au

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