From: Joe Barr 

On Tue, 05 Aug 2003 23:38:28 +0100, Adam Flinton wrote:

> http://linuxtoday.com/infrastructure/2003080502026NWCDLL
>
> "Thomas C. Carey, a partner at of the Boston IP and business law firm
> Bromberg & Sunstein and chairman of the firm's Business Practice Group,
> thinks Red Hat has a very good case. "Assuming for the moment that SCO
> is off-base in its allegations, this complaint is enough to rock SCO to
> its foundations." Still, "A lot will depend upon the vigor with which
> the matter is pursued. My presumption is that the suit is serious and
> will be pursued with full force."
>
> But Carey warns, "SCO is in some danger even if its allegations are
> correct, simply because SCO has put everyone in an impossible position.
> What can they (a Linux distributor or end-user) do if they don't know
> which code is infringing? If, to that unfairness, you add a conclusion
> that SCO has its facts wrong, then SCO's liability to Red Hat and others
> could be very substantial. And if SCO knows (or should know) that its
> facts are wrong, then you can kiss the company good-bye."
>
> Last, but far from least, Carey thinks that there's "a potential
> securities fraud action is buried within the pleadings. Red Hat speaks
> of Canopy Group (SCO's primary owner) having raked in millions in cash
> since the start of this affair. Red Hat notes that its own stock price
> has declined 20% in a month. This is the stuff of securities lawsuits.
> Red Hat could amend its claims to include a securities law claim, or
> another law firm could bring a class action lawsuit against SCO on
> behalf of selling Red Hat shareholders who have been harmed by the low
> price they get. Finally, it is conceivable that the SEC or the Justice
> Department could take an interest in this, viewing it as market
> manipulation." "
>
> Adam

SCO has a maximum of two years to live.  Whatever harm they can do to Linux
in the meantime they will most certainly attempt to do in order to motivate
IBM to settle things with a buy out.

They are a dead company.  It is only a matter of time.

Joe









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