From owner-diesel-benz-digest-at-digest.net Fri Jul 23 18:30:49 2004 From: diesel-benz-digest diesel-benz-digest Saturday, July 24 2004 Volume 01 : Number 1510 Forum for Discussion of Diesel Mercedes Benz Automobiles Derick Amburgey Digest Coordinator Contents: RE: [db] Arizona relics? [db] SCO flops in DaimlerChrysler Unix lawsuit Re: [db] Arizona relics? Diesel Benz Digest Home Page: http://www.digest.net/diesel-benz/ Send submissions to diesel-benz-digest-at-digest.net Send administrative requests to diesel-benz-digest-request-at-digest.net To unsubscribe, include the word unsubscribe by itself in the body of the message, unless you are sending the request from a different address than the one that appears on the list. Include the word help in a message to stag-digest-request to get a list of other majordomo commands. ---------------------------------------------------------------------- Date: Thu, 22 Jul 2004 08:49:20 -0500 From: Subject: RE: [db] Arizona relics? > I know of a couple up in Seattle, but he was quite clear that > he wanted > to find one down there... guess he realizes that he'd spend more in > fuel getting it to Arizona then he'd pay for it. :) > > john > Or maybe he's tired of all that mold on his cars, and he sees the opportunity to avoid both mold and rust. ;-) Alec ------------------------------ Date: Thu, 22 Jul 2004 13:16:37 -0700 From: john meister Subject: [db] SCO flops in DaimlerChrysler Unix lawsuit Good news for DaimlerChrysler... and the rest of us in the free world... ;) From the onset of all this SCO nonsense I've believed that SCO was merely searching for a deep pocket to buy them out... their litigious CEO (McBride) has a history that is less then wonderful. The claims against IBM regarding Linux are absurd and unfounded, and SCO will go down in flames... I also believe that Microsoft is behind this "FUD" activity. That also has proven to have merit, see http://opensource.org to follow this soap opera. e.g. see: http://opensource.org/weblog/2004/03/09#SCO-MS-SEC john SCO flops in DaimlerChrysler Unix lawsuit By Stephen Shankland CNET News.com July 21, 2004, 3:20 PM PT URL: http://netscape.com.com, netscape.com.com/2100-1104-5278572.html The SCO Group, a struggling company with a loud campaign to profit from Unix intellectual property, has largely lost a case it brought against DaimlerChrysler. In a hearing Wednesday, Judge Rae Lee Chabot of Oakland County Circuit Court in Michigan granted most of DaimlerChrysler's motion to dismiss the case, SCO and DaimlerChrysler representatives said. The loss doesn't set a precedent, but it does make it harder for SCO to pursue its overall case, said Mark Radcliffe, an intellectual-property attorney at Gray Cary. "The more that SCO is unsuccessful in its claims, the more it decreases their ability to go out and use the threat of litigation to obtain settlements," he said. "It diminishes their credibility." SCO sued DaimlerChrysler in March, alleging that it hadn't certified its compliance with its SCO contract to use the System V version of the Unix operating system. In April, DaimlerChrysler provided the certification, saying it wasn't using the software at all anymore, then moved to dismiss the suit. The case "for the most part, probably" is over, SCO spokesman Blake Stowell said. "We're satisfied that DaimlerChrysler did finally certify their compliance with the software agreement, but we are still interested in gaining some information on why they didn't certify within the allotted time," Stowell said. The case "is not completely over yet, because the judge still held out the possibility that we could pursue trying to find out information from DaimlerChrysler on why they took so long to certify." DaimlerChrysler released a statement: "We are pleased with the judge's ruling, and we look forward to finally resolving the one open issue." SCO had alleged that DaimlerChrysler violated the Unix software agreement by refusing to certify that it was complying with the contract. DaimlerChrysler was required to certify that it was using the Unix software only on specific computer processors, according to the contract. When SCO sued, DaimlerChrysler hadn't certified that it was in compliance with the agreement, but it had done so by the time it responded in April--saying it had completely stopped using the Unix software years earlier. The judge's decision marks a significant setback in SCO's efforts to profit from its Unix intellectual property, often at the expense of Linux. Other setbacks include assertions by earlier Unix owner Novell that it still owns Unix copyrights; an almost complete failure in convincing Linux users to buy SCO intellectual-property licenses; a countersuit by IBM accusing SCO of patent infringement; and a partial stay in SCO's case against AutoZone, which argues that Linux infringes Unix copyrights. "From the outside looking in, it seems like SCO is really getting beat around the head and shoulders at almost every turn," said John Ferrell, an attorney at Carr & Ferrell. The legal troubles spill over into SCO's attempt to get Linux users to buy SCO intellectual-property licenses, Radcliffe said. "A year ago, everything was up in the air, nothing was certain, and SCO had a reasonable argument: 'Why don't you buy peace now, while it's cheap?' Now, basically, they haven't had any significant wins, they've had some losses, so I think that argument is gone," he said. The DaimlerChrysler case centered on Unix and only brushed up against Linux, but SCO has considered a strategy to expand from the Unix contract into Linux. "Say they have a license for the Unix source code to be on 10 boxes. If they have 2,000 boxes that have Linux source code on it that is duplicative of our Unix source code, they are breaking the contract they have with us," SCO Chief Executive Darl McBride said in an earlier interview. That argument likely won't hold water, Radcliffe said. "Linux is clearly not licensed under the contract. The problem is: This is a contract that says, 'You'll tell us where the software products are being used.' It doesn't, by its terms, say, 'Any program that infringes the copyright of our software products,'" he said. SCO sent letters to 3,000 Unix licensees in December, demanding that they demonstrate compliance with their contracts within 30 days. In a court filing, SCO said it took DaimlerChrysler 110 days. The remaining issue in the DaimlerChrysler case--that the automaker didn't respond fast enough--likely won't produce any monetary damage award, Radcliffe said. DaimlerChrysler hadn't certified its compliance within the 30-day period, but when it did certify on April 6, it notified SCO that it hadn't used the System V version of Unix it licensed for seven years. SCO had sought a long list of certifications from Unix licensees on how they handled the Unix code--for example, evidence that measures were taken to ensure that employees would keep the Unix code secret and assurance that no employees had moved any code to Linux. DaimlerChrysler responded that its contract required no such elaborate certifications--only that the company is required to provide a list of computer processors using the software. And there was no contractual requirement to respond within 30 days, the company added. SCO's aggressive legal attacks will make it more difficult for the company to come up with some other business strategy, Ferrell said. "Over the last two years, SCO has managed to waste an incredible amount of goodwill and reputation over its increasingly specious-seeming litigation," Ferrell said. "It's a real shame, because SCO had a tradition of being a very strong and important company in the Unix industry and the software industry in general." ------------------------------ Date: Fri, 23 Jul 2004 19:42:59 -0400 From: Edward Pomeroy Subject: Re: [db] Arizona relics? http://www.autotrader.com/ John, Just to see if there are any in the area, go the the above site, put in the AZ zip code whre your son is near and see what pops up in the search for 4 wheel drive or Jeeps. If nothing else, it can give you an idea if there is bounty or scarcity. Edward john meister wrote: > Anyone near Tucson, AZ that knows of any older J-series trucks that > are for sale? My son wants to get another '60's vintage FSJ while he's > down in Arizona. He's got his '82 300D Turbo Diesel down there... but > I think he plans on heading up into the desert and the Benz just isn't > quite the rig for that sort of thing... :) > > I know of a couple up in Seattle, but he was quite clear that he wanted > to find one down there... guess he realizes that he'd spend more in > fuel getting it to Arizona then he'd pay for it. :) > > john ------------------------------ End of diesel-benz-digest V1 #1510 **********************************