[svlug] Re: [vox] [fwd] Save your SCO invoice: Bay Area Software Professionals for Responsibility and Accountability]
linuxcpa at netscape.net
Sat Sep 13 12:25:03 PDT 2003
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
>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
>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.
>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
>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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