Conversation

Notices

1. lnxw48a1 (lnxw48a1@nu.federati.net)'s status on Saturday, 04-Mar-2023 20:23:45 EST lnxw48a1
   Xinuos v IBM & Red Hat lawsuit (document filed 2021-03-31) https://regmedia.co.uk/2021/03/31/xinuos_complaint.pdf
   
   > On top of all this, IBM has materially misled its investors, falsely representing in its securities filings that a third-party owns all of the Unix and UnixWare copyrights, and that this third-party has waived any infringement claim against IBM. IBM mischaracterizes in its securities filings a prior court ruling that found old Unix and UnixWare code, created before September 19, 1995, belonged to the third-party. IBM’s filings make it sound like the third-party was found to own all Unix and UnixWare code. These statements are demonstrably false. In fact, with regard to Xinuos’ code created after September 19, 1995, and which IBM stole, Xinuos owns that code, has never entered into a license agreement with IBM, and has never waived its infringement claims against IBM for stealing that code.
   
   I saw a rumor that the case is ending, but I have not been able to verify it.
   
   I'm wondering whether the end goal of the people behind #Xinuos is to get #IBM to purchase their company, since they're obviously not able to maintain and market their "OpenServer 10" and "OpenServer X" products.
   
   Xinuos' site was at https://www.xinuos.com/ but it is currently down.
   1. lnxw48a1 (lnxw48a1@nu.federati.net)'s status on Saturday, 04-Mar-2023 20:46:44 EST lnxw48a1

      in reply to
      > IBM's server operating systems, however, depend on code that IBM stole from Xinuos and, until that theft, IBM's products were becoming less attractive and were losing market share.
      
      I suppose it should be possible to dig up market share analyses that would show exactly when this turning point had to have happened.
      
      But being that #Xinuos is burdened with products tainted by the legacy of #The_SCO_Group's lawsuits, one would expect that their market share has been in decline since before the original The SCO Group v. IBM lawsuit started ... if TSG had been making profits and continuing to grow, there would have been no need to cry to the courts.
      
      (It seems likely that companies that could escape from a litigious vendor would do so.)
      
      #Caldera #SCO
      1. GeniusMusing (geniusmusing@nu.federati.net)'s status on Saturday, 04-Mar-2023 21:18:09 EST GeniusMusing

         in reply to
         @lnxw48a1
         I couldn't find anything about it ending but it seems late last year there was a request for change of venue.
         
         XINUOS, INC. v. INTERNATI Case No. 3:21-cv-0031 | 20221116752 | Leagle.com
         https://www.leagle.com/decision/infdco20221116752
         
         >November 14, 2022.
         >
         >MEMORANDUM OPINION
         >
         >ROBERT A. MOLLOY, Chief District Judge.
         >
         >BEFORE THE COURT is Defendants International Business Machines ("IBM") and Red Hat, Inc.'s ("Red Hat") (Collectively known as "Defendants") Motion for Transfer of venue to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. § 1404(a) (ECF No. 41.) For the reasons stated below, the Court will grant the motion and transfer this case to the Southern District of New York.