"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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