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