[plug] RE: [plug] SCO fined €10 ,000 or CEO goes to gaol

Kai Jones kai.jones at broome.wa.gov.au
Wed Sep 3 13:20:24 WST 2003


I saw this here (http://www.linux.org/news/2003/09/02/0006.html) this morning and had been waiting for a translation, thanks ! :)

> -----Original Message-----
> From: Col [mailto:Col_1 at bigpond.com]
> Sent: Wednesday, 3 September 2003 12:56 PM
> To: Plug
> Subject: [plug] SCO fined €10 ,000 or CEO goes to gaol
> 
> 
> Cross-posted from CLUG(with permission) for info
> 
> -----Original Message-----
> Sent: Wednesday, 3 September 2003 12:32 PM
> Subject: [clug] SCO fined €10 ,000 or CEO goes to gaol
> 
> 
> The German action against FUD has shown its teeth...
> 
> SCO must pay a monetary fine
> 
> SCO Germany has to pay a fine of 10'000 Euro. The basis for 
> this ruling of the 
> district court Munich I is an injunction (trans: a rather 
> loose translation 
> of "einstweilige Verfgung", a German legal term, and IANAL) 
> of both the 
> Tarent company and the LinuxTag exposition. According to this 
> injunction, SCO 
> may not allege that Linux contains illegally acquired 
> intellectual property 
> of SCO. SCO apparently violated this injuction on their home 
> page, and for 
> this reason, Tarent filed for legal court proceedings.
> 
> According to a press release of Tarent GmbH, the court blamed 
> SCO to have 
> behaved negligently in the operation of their company home 
> page. Even after 
> the injunction, the accusation that "end users who use the 
> software Linux, 
> can be held accountable for violations of intellectual rights 
> held by SCO" 
> could be read on the home page.
> 
> Till Jaeger, the lawyer representing Tarent, sees the court 
> ruling as a 
> confirmation that SCO's claims have to be considered as 
> "massively damaging 
> to business", and that they concern a "very sensitive area". 
> At the expense 
> of other parties, Unproven allegations are used to make money 
> out of fear. 
> Nobody at SCO Germany was available for comment at present; 
> regarding the 
> filing of legal court proceedings, Hans Bayer, CEO of SCO 
> Germany, told c't 
> already in the beginning of June: "Our intention was to 
> comply with the 
> ruling." He claimed that the violation against the injunction 
> had not been 
> deliberate. (anw/c't)
> 
> 
> 
> It's also been slashdotted:
> 	
http://slashdot.org/articles/03/09/02/1237244.shtml?tid=123&tid=99

And it's in the inquirer:
	http://www.theinquirer.net/?article=11321

-- 
Michael James				michael.james at csiro.au
System Administrator			voice:	02 6246 5040
CSIRO Bioinformatics Facility	fax:		02 6246 5166



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