“On my birth certificate, under my father’s occupation, it says cowboy. So I will admit to being a cowboy, but not sue-happy.”

– Former SCO CEO Darl McBride, November 2003

Looks like Darl McBride, SCO’s “sue-happy cowboy” CEO, has seen his last roundup. In a new 8-K filing with the Security and Exchange Commission, the company reveals that under the order of a bankruptcy court, it has eliminated the chief executive officer and president positions and consequently sacked McBride.

Which means SCO’s seemingly endless legal campaign may have finally found its end. For though the company says it plans to pursue litigation against IBM (IBM) and Novell (NOVL), there seems little promise in it now. SCO is mired in bankruptcy. It’s evidently still unable to prove that Linux illegally contains its UNIX System V source code. And now it has fired the guy who devoted the past six years attempting to do just that.

And, frankly, SCO is better off for it. As Free Software Foundation General Counsel Eben Moglen once said, “As an amateur scholar of constitutional law, Mr. McBride is longer than he is deep.” And this does appear to be the case. Because despite vast swaths of evidence to the contrary, McBride always appeared certain that SCO had successfully defended its intellectual property in court.

“We’ve obviously overachieved on that objective,” McBride said of SCO’s efforts to defend against IBM’s alleged intellectual property infringements in 2004. “If I had to make this decision [to sue IBM] ten times over, the decision would be the same one ten times. Big Blue is no doubt a formidable opponent and we still expect to win. Keep your eye on the [court] filings. Over the coming year, one of the things that you’re going to see is that Big Blue has got big problems.”

Obviously, Big Blue wasn’t the one with the big problems.

“For the last several months, we have consistently stated and maintained that our System V code is in Linux,” McBride explained. “The claims SCO has are both broad and deep. These claims touch not just IBM but other vendors as well. They also touch certain industry consortia and corporate Linux end users. Our claims aren’t trivial. The violations of our intellectual property are not easily repaired. It is our intention to vigorously protect and enforce SCO’s intellectual property, System V source code and our copyrights. We’re now fully prepared to do that.”

And they did. SCO subsequently filed suit against IBM (IBM), auto giant DaimlerChrysler and a coterie of other companies, each time sounding the same theme: Our copyrighted UNIX code was illegally cobbled into Linux. You’re using it without a license. Pay up.

But SCO never specified exactly the Linux code it believes infringes on its copyrights, even in the face of repeated calls to do so from its defendants and the open source community. Indeed, it could be said that the company’s legal campaign against Linux was defined by its utter failure to prove that the open-source operating system contains any of its intellectual property. Certainly, that was the opinion of the U.S. District Court for the District of Utah, which found that the copyright to UNIX and UnixWare was owned by Novell. That decision drove SCO into bankruptcy and ended its high-profile legal attack on Linux.

But only for a time. Because a federal appeals court on Monday ruled that SCO is entitled to a jury trial on its claims to Unix, a ruling that might lead to a renewal of the company’s campaign against Linux. “We take no position on which party ultimately owns the Unix copyrights or which copyrights were required for Santa Cruz to exercise its rights under the agreement,” the court wrote in its ruling. “Such matters are for the finder of fact on remand.”

And so, astonishingly, this six-year battle is headed back to court once again, a development Darl McBride was quick to spin as a vindication in one of his typically pontifical pronouncements. “Today is not the end of the war but it certainly is a key battle that we’ve won,” he said of the decision. “Now it’s time to move on to the next series of battles with our victory in hand.”

Of course, for events to play out that way, SCO must prove that Unix contains its intellectual property, something it has so far failed abysmally to do. Indeed, the judge presiding over the original case compared SCO’s claims to those of a store owner accusing someone of shoplifting but refusing to say what items had been stolen. As Linux creator Linus Torvalds once said, “There really is a reason why nobody believes a word SCO is saying, and it’s because SCO is lying.”

The federal judge presiding over Viacom’s (VIA) $1 billion copyright infringement lawsuit against Google (GOOG) and YouTube denied a motion for the pair to produce their source code Wednesday. “YouTube and Google should not be made to place this vital asset in hazard merely to allay speculation,” U.S. District Judge Louis L. Stanton wrote.

Apparently he didn’t feel quite as strongly about the privacy of YouTube users because he felt entirely comfortable turning that over to the media company. And so he ordered Google to provide Viacom with YouTube’s Logging database, which contains:

…for each instance a video is watched, the unique “login ID” of the user who watched it, the time when the user started to watch the video, the internet protocol address other devices connected to the internet use to identify the user’s computer (“IP address”), and the identifier for the video. That database (which is stored on live computer hard drives) is the only existing record of how often each video has been viewed during various time periods.”

To Stanton such data isn’t a “vital asset,” although the authors of the Video Privacy Protection Act and anyone else with an interest in personal privacy would likely disagree. Said the Electronic Frontier Foundation, “The Court’s erroneous ruling is a setback to privacy rights, and will allow Viacom to see what you are watching on YouTube. We urge Google to take all steps necessary to challenge this order and protect the rights of its users.”

And Google will almost certainly do that. But it may have its work cut out for it, because in this case it’s fighting not just Viacom and the presiding court, but itself. You see, in granting Viacom’s request for YouTube’s Logging database, Stanton cited Google’s own argument that IP addresses aren’t always personal data. “Defendants argue that the data should not be disclosed because of the users’ privacy concerns, saying that ‘Plaintiffs would likely be able to determine the viewing and video uploading habits of YouTube’s users based on the user’s login ID and the user’s IP address,’ ” Stanton wrote. “But defendants cite no authority barring them from disclosing such information in civil discovery proceedings, and their privacy concerns are speculative. Defendants do not refute that the ‘login ID is an anonymous pseudonym that users create for themselves when they sign up with YouTube,’ which without more ‘cannot identify specific individuals,’ and Google has elsewhere stated:

We … are strong supporters of the idea that data protection laws should apply to any data that could identify you. The reality is though that in most cases, an IP address without additional information cannot.”

–Google Software Engineer Alma Whitten, Are IP addresses personal?, GOOGLE PUBLIC POLICY BLOG (Feb. 22, 2008)

Ironic, no?