View From the Bushes

Since I live in Utah, I feel a certain obligation to offer a comment on the actions of SCO, a Lindon, Utah based company that has mounted the first serious attack on the Open Source/Free Software movement. Most of my information comes via SlashDot, so if you're curious that's as good as place as any to start. Before I say anything else, it's important to note that if some of SCO's IP had either accidentally or maliciously been incorporated into Linux, then they would not only have grounds to sue, but I would expect that in the end they would be awarded some damages as a result. Unfortunately, the situation is nowhere near as cut and dried as that, though that's what SCO would have you believe.

Of paticular concern is the fact that SCO has refused all requests to explain exactly what IP was appropriated. Their claim is that if they revealed what it was, then the linux community would immediately eradicate it. This is almost certainly true, but the idea that this would destroy the case by eliminating the evidence is obviously wholly false since there are hundreds if not thousands of ways to get your hands on old linux distributions. To see what I mean take a look at this overview of an IBM attempt to compel discovery.

Obviously, a complete discussion of this subject is well beyond the scope of my crappy little blog, but SCO has made so many of questionable moves in the pursuit of their objectives, that one goes beyond questioning the wisdom of the SCO management to questioning their ethics. This was not helped by the revelation that the attorneys (David Boies of Al Gore 2000 fame being the lead counsel) will collect 20% of any settlement (SCO's lawsuit against IBM is for 3 billion) or sale of the company. It's the latter that speaks to a possible pump and dump strategy that so many people have pointed to. I hate to be a conspiracy theorist but there seems to be more here than meets the eye.

Carpe Diem Quam Minimum Credula Postero
Ross