[svlug] Re: [vox] [fwd] Save your SCO invoice: Bay Area Software Professionals for Responsibility and Accountability]

[James Leone]

dmarti at zgp.org wrote:

>begin zeruch at damagestudios.com quotation of Sat, Aug 30, 2003 at 07:02:09PM -0700:
>
>  
>
>>Actually its highly illegal and we all know the SEC can be a might pissy 
>>when they want to.
>>    
>>
>
>Especially about people lying on SEC forms.
>
>This is the web form for reporting "False or misleading statements
>about a company (including false or misleading SEC reports or
>financial statements)":
>
>http://www.sec.gov/complaint/cf942sec9570.htm
>
>I wrote to the SEC's postal address to point out a big obvious lie
>in SCO's "Registration Statement on Form S-3" dated July 8, 2003.
>
>  One of the assets we acquired from Tarantella was all right,
>  title and interest in and to UNIX and UnixWare, including source
>  code and intellectual property rights.
>  
>
AFAIK, the SEC reports are issued for potential investors. Material 
damage to investors must be shown as a result of misleading statements 
for the SEC to take action. That is their jurisdiction at a minimum, but 
I have no knowledge as to how much bigger the scope is. So if these 
misleading statements lead to a temporary price increase, SCO and their 
auditors may see some rough waters ahead.

James Leone, CPA

>http://www.sec.gov/Archives/edgar/data/1102542/000104746903023599/a2114384zs-3.htm
>
>This statement is incorrect, because several forms of intellectual
>property rights clearly apply to UNIX, and of these, The SCO Group
>holds only copyright on the original, historic implementation of
>UNIX.  The SCO Group does not hold the UNIX trademark.  UNIX and
>UNIXWARE are trademarks of The Open Group.
>
>http://www.opengroup.org/comm/press/unix-backgrounder.htm
>
>The SCO Group has no control over the standard or trademark, and
>itself uses the trademark UNIX only under a license from The Open
>Group.  The SCO Group has no control over whether or not another
>company's operating system implements the UNIX standards or even
>uses the _name_ UNIX.
>
>In addition, the Unix Systems Laboratories patents are still held
>by Novell.
>
>These are simple facts that the SEC can check with a trademark
>search and a CASSIS2 patent search -- and once they open up an
>investigation who knows what they will find?
>
>Please go to the web form and tell the SEC that SCO is lying to them
>-- it takes less time than replying to this mailing list posting.
>
>  
>

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