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New Red Hat to SCO: Put up or shut up.
Since I've already typed his in once from the 27-page, 1.3 MB so-called "[link|http://lwn.net/images/ns/rh-complaint.pdf|brief]", I might as well paste in the key paragraph:

"Red Hat seeks a declaratory judgement that Red Hat does not infringe any copyright owned by SCO, and does not utilize any trade secret owned by SCO. Further, Red Hat seeks damages, trebled, as well as injunctive relief, attorneys' fees and costs, for harm caused by SCO's unfair competition and false advertising in violation of Section 43(a) of the Lanham Act, 15 USC sect. 1125a, et seq, unfair and deceptive acts or practices in violation of the Delaware Deceptive Trade Practices Act, 6 Del Code sect. 2532, as well as for violations of common law, including trade libel, unfair competition, and tortious interferences with prospective economic advantage."

Rick Moen
rick@linuxmafia.com


If you lived here, you'd be $HOME already.
New Re: Red Hat to SCO: Put up or shut up.
Remedy sought (retyped from the complaint filing):

Red Hat respectfully requests:

A. A permanent injunction restraining SCO and its officers, directors, partners, agents, servants, employees, and attorneys, and those personas in active concert or participation with SCO from representing by any means whatsoever, directly or indirectly, or doing any other act or things calculated or likely to cause confusion, mistake, or to deceive purchasers, business partners, and/or investors into believing that Red Hat's LINUX products and/or the LINUX products used by Red Hat's customers and partners violates any of SCO's intellectual property or trade secret rights;

B. Under Count I, a Declaratory Judgement pursuant to 28 U.S.C. sect. 2201 et seq. that Red Hat's and its customers' actions in providing, creating, maintaining, debugging, developing, copying, selling, transferring, installing, operating, or otherwise using any of Red Hat's LINUX products and services doe not violate any SCO rights under Section 106 of the Copyright Act, 17 U.S.C. sect. 101 et seq., and a Declarative Judgement that any SCO copyright claimed to be infringed by Red Hat or its customers in conjunction with any of Red Hat's products is unenforceable;

C. Under Count II, a Decaratory Judgement pursuant to 28 U.S.C. sect. 2201 et seq. that Red Hat's and its customers' actions in providing, creating, maintaining, debugging, developing, copying, selling, transferring, installing, operating, or otherwise using any of Red Hat's LINUX products and services doe not constitute a misappropriation of a SCO trade secret, a Declaratory Judgement that the Linux kernel and operating system are public and therefore cannot constitute a trade secret, and a Declaratory Judgement that any SCO trade secret claimed to be misappropriated by Red Hat or its customers in conjuction with any of Red Hat's product is unenforceable;

D. Under Count III-VII, an award of actual damages to Red Hat by reason of SCO's actions in an amount to be established at trial;

E. An other that Red Hat's actual damages be trebled pursuant to the Delaware Deceptive Trade Practices Act;

J. An award of Red Hat's attorney's fees and costs incurred in connection with this matter pursuant to the Delaware Deceptive Trade Practices Act; and

K. Such further relief as the Court may deem just and proper.

Red Hat requests a trial by jury on all issues so triable.

RED HAT, INC.
By its attorneys,
[signed]
Josy W. Ingersoll (#1088)
Adam W. Poff (#3990)
YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Brandywine Building
1000 West Street
P.O. Box 391
Wilmington DE 19899-0391
Telephone: (302) 571-6672


[RM notes: Omission of points F-I in the requested remedies was present in the original.]


If you lived here, you'd be $HOME already.
New Damn!.. Ithink that's the first piece of legalese
I remember seeing - which reads like poetry. Concise, suggestive, specific and perfectly encapsulated by

Put up or shut up!

May the (a) Judge concur and end this madness.

:-\ufffd

I wish there was a knob on the TV to turn up the intelligence. There's a knob called 'brightness', but it doesn't work.
Gallagher
     Red Hat to SCO: Put up or shut up. - (rickmoen) - (2)
         Re: Red Hat to SCO: Put up or shut up. - (rickmoen)
         Damn!.. Ithink that's the first piece of legalese - (Ashton)

And to the tune of a billion dollars I supplied to the DOE some tasty little nuggets of alien technology... and as one might expect I've been HARASSED for YEARS!
33 ms