Message ID: 160663
Posted By: al_petrofsky
Posted On: 2004-07-29 11:19:00
Subject: now is now Scofacts is not
endorsed by The SCO Group. (Note to SCO's crack
intellectual property enforcement team: if you want to come
after me for trademark infringement, please remember that
the pertinent government agency is the Patent and Trademark
Office, not the Copyright Office. I know you tend to
confuse them (like when you cited IBM's inequitable conduct
before the PTO as a defense to copyright infringement), and
you probably feel like pretty sad sacks of s@!# about now,
so I wanted to help you at least get off on the right foot
on this one.)

There's not much in the way of new content in the last week,
but here's the latest amusing tidbit from the footnotes of
the scorecard, which kind of ties in with the USL name

(See the html version at for links to all the
supporting documents.)

B. (Opus 1, 2, 3, and 4.) The original complaint listed the
parties as "CALDERA SYSTEMS, INC., a Delaware corporation"

Neither entity existed.

Caldera Systems, Inc. (a subsidiary of Caldera
International, Inc. since 2001-05-07) had become SCO
Operations, Inc. on 2002-09-23.

More importantly, IBM had been a New York (not Delaware)
corporation since it assumed the International Business
Machines name on 1924-02-14 (and was also a New Yorker back
to its incorporation as Computing-Tabulating-Recording
Company on 1911-06-14). Thus, SCO Operations (f/k/a Caldera
Systems) and IBM were citizens of different states, and on
that basis IBM removed the case to federal court on

On 2003-05-16 Caldera International, Inc. changed its name
to The SCO Group, Inc..

Caldera Systems, Inc. moved on 2003-06-16 to amend its
complaint. This motion was granted on 2003-07-10, and on
2003-07-22 an amended complaint was filed by "The SCO Group,
Inc., a Delaware Corporation, f/k/a Caldera Systems", with
no documentation of this false assertion that SCO Group
(f/k/a Caldera International) and its subsidiary SCO
Operations (f/k/a Caldera Systems) were the same entity.

(Both SCO Group and SCO Operations are distinct from "Santa
Cruz Operation", a California corporation that changed its
name to Tarantella on 2001-05-07 when it sold its "SCO"
trademark to Caldera.)

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