Briefly Noted:

New Rulings In The SCO Cases

SCO has been back in court (again).  In its case with Red Hat, the Delaware judge has scheduled a delay until the Utah case (vs. IBM) is heard.  That could be quite a while.

In Germany, SCO has lost.  They can’t sue anyone for anything.  Nor can they claim that Linux infringes on UNIX unless and until they can prove it.  This could be useful precedent for other cases wending their way through the courts.  

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Lindows

We like gutsy little Lindows because it’s so much fun to watch them succeed in markets bigger, theoretically wiser companies have written off.  They saw the possibility for a desktop Linux market when others thought it was impossible or very far away and they correctly guessed it was all about ease of implementation, lower price, and access to software.

Of course, there’s always a price for success.  In Lindows’ case the ultimate price is going to be that they are attracting a lot of bigger, stronger players into their market.  They were probably prepared for that. 

What they hadn’t counted on was Microsoft’s very aggressive legal battle over their name.  Microsoft says customers will be confused and think Lindows is Windows.  Microsoft has been less than fully successful in is preliminary U.S. court battles and has been delaying the next step – because it could lead to their loosing protection of the Windows name.  But in the meantime, they’ve successfully sued Lindows and been granted relief in a number of European courts. 

So on April 14, Lindows will change its name on its web site (because European customers can access it) and in Europe – at least until the suits are settled.

In the meantime, the very aggressive little company has opened another marketing front, starting to sell Spanish-language versions of Linux systems on both desktops and laptops in the U.S. at 58 locations.  More info on Athena and Spartan at www.pcclub.com.  

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IBM’s Dev Mukherjee Joins Microsoft

You may have noticed that there’s a fairly steady movement every year of mid-level and higher managers between systems and software competitors in our industry.  Never mind the sinister conspiracy theories – most of it’s just about good people looking for their next step up the ladder and big companies looking for really great talent.   Inevitably, some of those matches are outside the company you currently work for.

So we note with interest and good wishes that Dev Mukherjee, most recently in charge of the Hosted Services Strategy for IBM will be showing up in Redmond later this month, as General Manager of Marketing for Microsoft’s Windows Server Systems.   

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The Acquisition Bonanza Continues

No slowdown here.  We continue to be amazed at how many companies there are to buy – but perhaps less so at who’s doing the buying.

This week, one surprise, in that IBM didn’t buy another middleware company – or another specialty consultancy – but rather an Indian Call Center – Daksh e-Services – a big one, with 6,000 employees, at an estimated price of $160 million (obviously small change for an IBM, but probably just about right for a company in a hot market that grossed $60 million last year).

IBM already has about 6,000 employees in India, serving both the Indian market, and for outsourcing purposes, and planned to add about 2,000 this year.  (They’ve balanced this with the information that they’ll hire about 5,000 employees in the U.S. this year; outsourcing has become a somewhat controversial issue for U.S. companies.) 

IBM apparently intends to grow its new acquisition in the direction of its more complex work, such as providing financial transactions services and other transformation processing.  

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Sybase Acquires Xcellenet

Sybase has acquired mobile device management company XcelleNet, providing it with leadership across all of the mobile categories as part of its Unwire the Enterprise strategy.  The company will be integrated into Sybase's iAnywhere Solutions subsidiary.

This acquisition will give Sybase leading products in mobile database, mobile middleware and mobile and remote device management categories as well mobile data security solutions.

XcelleNet was purchased from Francisco Partners, for a net purchase price of approximately $95.2 million, all cash.  The transaction is expected to close in the second quarter of 2004. .

Sybase expects to gain 2,200 global customers through this acquisition, as well as new and expanded relationships with partners and independent software vendors (ISVs) including HP and Microsoft.  

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