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Groklaw: Darl McBride-Dan Farber ZDNet Interview - Transcript

Mar 15, 2004, 16:00 (4 Talkback[s])

"What stands out from the legal perspective is what he lets slip about being in competition with Red Hat, expecting that the result of the lawsuits will be that SCO will pass Red Hat once again. They argued strongly in their reply to Red Hat's complaint that they were not competitors, that Red Hat had no standing, wasn't involved with the kernel, just wasn't affected by the SCO challenge in any relevant way. Yet here, McBride says:

"'If you remember SCO back in the eighties, nineties, was the leading brand for UNIX on Intel. If you think about it in a horse-race metaphor, the UNIX on Intel race was going, SCO was way out ahead. As you head into early 2000s, all of a sudden SCO comes back to the pack and Red Hat shoots past it. OK? And now we are back on our horse and gaining ground again in some major, albeit probably small compared to Red Hat, but at the end of the day, that is the race. Now the question that it is going to come down to you is, we get through the court system and get our claims heard and the jury comes back with the verdict we expect to get, then you're going to see it come back in the other way. We're going to catch up and pass Red Hat again.'

"If I were analyzing this for an attorney, that's where the stickie note would go. They are suing end users so that Red Hat's business will be reduced in favor of SCO, and Red Hat has no standing to bring Lanham Act claims...?"

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