[CS-FSLUG] NI: Novell's fraud claim against SCO

[Don Parris]

On 8/5/05, Fred A. Miller <fmiller at lightlink.com> wrote:
> On Friday 05 August 2005 4:03 pm, Don Parris wrote:
> > > "Personally I don't like reporting this. I no longer care about the
> > > course of
> > > these civil suits. But the possibility of criminal fraud, committed
> > > against
> > > Microsoft, was just too funny to ignore. I wonder if the nation's D.A's
> > > are
> > > laughing?"
> > >
> > > _______________________________________________
> >
> > Based on the SEC complaint, I'd say Msft was an accomplice to the
> > crime - not a victim. That does depend upon the facts being correct
> > in the complaint. If not, then Msft just got what came back 'round.
> 
> That's the way I see it. However, I somehow think that Novell ISN'T going to
> lie about any of this!!
> 
> Fred
> 
> --

I don't see Novell as Lying.  I see their countersuit as being
*loosely* related to the SEC filings - even though that's rather a
different aspect of the whole shebang.  Illegal insider trading is one
thing.  Copyright infringement is another.  However, the two seem to
go hand in hand in this case.

SCO, in spite of its own internal investigation, has decided to scam
the IT industry with a lawsuit based on, at best, flawed premises. 
Since they couldn't get Novell to go along, they got Msft instead. 
However, since Msft is bound by all these judicial rulings about its
monopoly position, they could not get directly involved.  This is
where the alleged illegal insider trading comes in.  The funneling of
funds, per the SEC complaint, from various individual
executives/former executives of Msft, along with the Corporate
investment in Baystar, involves alleged illegal trades by SCO and
Microsoft insiders.  This is why I consider Microsoft an accomplice to
SCO's fraudulent lawsuit.

On the other hand, if there was no illegal activity along those lines,
and Msft bought a bill of goods from SCO, it would truly be the irony
of ironies.  The king of messing over partners in business deals gets
their own hand dealt to them by a company about to get escorted from
the table. Ha!

I would second Josiah's view - we could have spent the money in much
better ways than on a stupid, potentially fraudulent lawsuit.  So, I
guess after I finish laughing, I'll have to cry over the stupidity of
it all.

Don
-- 
DC Parris GNU Evangelist
http://matheteuo.org/
gnumathetes at gmail.com
"Hey man, whatever pickles your list!"