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Stories and comments across the archive that link to groklaw.net.

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  1. "Long-hair smelly's" by Pete · · Score: 4, Funny · on Linux Kernel Code May Have Been in SCO UnixWare
    Page 14 of the PDF, pages 83-84 of transcript:
    Q: I'd like to direct your attention to the bottom email. Quote, "Reading some of the comments on the internet, the long-hair smelly's (sic) are indicating we have not turned off our Linux downloads?" Close quote.

    Who are the long-hair smellies?

    A: That's a common stereotypical name of computer geeks.

    "Long-hair smelly's"

    Ye fucking gods. :-)

  2. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  3. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  4. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  5. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  6. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  7. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  8. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  9. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  10. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  11. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  12. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  13. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  14. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Linux Kernel Code May Have Been in SCO UnixWare
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, now partially redacted discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: On 29 Jul 2005 Novell answered SCO's amended complaint and filed an impressive array of counterclaims . Perhaps the most compelling request that Novell indicates they will present to the court seeks to require that income SCO received from Microsoft, Sun, and the other "Intellectual Property Licenses with Linux end users and UNIX vendors" be held in a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts effecting the sale of Novell's UNIX business to Santa Cruz. In particular, Novell seeks to have the court enforce Novell's actions to stop SCO's threats regarding Linux and AIX; to audit the terms of SCO's SCOSource licenses issued to Microsoft, Sun, and others; and to collect any money owed to Novell resulting from SCO's SCOSource activities. Unless SCO is granted an extension of time, they should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 11 Aug 2005.

    Pending/Recently decided motions:

  15. Re:A whole new ballgame? by isn't+my+name · · Score: 4, Informative · on Linux Kernel Code May Have Been in SCO UnixWare

    I wonder what Boies and company get out of this.

    Money. Lots and lots of money. A post on Groklaw that SCO's legal fees have topped $40 million. SCO does have a cap, so by the end of this year, they will be paying no more for the current cases.

    Of course, if someone whose copyright SCO had violated were to sue, that would not be covered by the current legal agreement between SCO and its law firm.

  16. Groklaw by neillewis · · Score: 3, Informative · on A Linux Users Group for Professionals?

    http://groklaw.net/ has had some discussion about OSS for lawyers in the past, particularly around WordPerfect import/export issues (WP still having something of a stronghold in legal circles) ... there must be some lawyers out there with the same issues as you, and if there isn't a LawLUG why not start one?

    Good luck.

  17. PJ at groklaw might be able to help by grattwood · · Score: 5, Informative · on A Linux Users Group for Professionals?

    PJ over at http://groklaw.net/ might be able to help, or point you to peolple who are doing this. I think she is planning a Linux LiveCD for lawyers.

  18. Patent basics by Anonymous Coward · · Score: 1, Informative · on Epicrealm Uses Vague Patents to sue Web Sites

    IANAL
    1) Prior art needs to exist before the filing, not issuing date, to matter.
    2) If a web site used this method, but didn't explain it, that's called a trade secret. It was still patentable. The risk they ran was that someone else would come up with the secret and patent it.
    3a) Until thrown out, claims must be read as valid but:
    3b) If prior art exists, the claim must be read in such a way that it doesn't cover the prior art, yet is still valid. Strange but true.
    4) Only claims matter, but the specification defines terms used in the claims. No "But it could also cover..." unless the specification made terms that flexible. Beware "doctrine of equivalence" however.
    5) check out http://www.groklaw.net/staticpages/index.php?page= 20050402193202442#patentlaw

  19. Re:Quotes by dazed-n-confused · · Score: 1 · on An Open Letter from Darl McBride

    Don't worry, Groklaw is fisking his quotes even as we speak. Head over there to find them in their proper context. (It's kinda like what The Blurb Racket does for movie poster quotes...)

  20. See Groklaw by golodh · · Score: 1 · on An Open Letter from Darl McBride

    As usual with material coming from SCO, a critical and insightful response (and therefore a deadly one for SCO) can be found on Groklaw.

    I won't bother to summarise it, as it is well-structured and succinct enough. The link is here:
    http://www.groklaw.net/article.php?story=200508081 23259231

  21. Re:Odd turnabout by rhizome · · Score: 1 · on An Open Letter from Darl McBride

    After basically ignoring the SCO UNIX market and worse -- attacking some of his best customers, Darl is doing a volte-face. The key question is: WHY?

    I don't know if you were here last week, but Novell asked the court to freeze SCOs assets because SCO hasn't been paying Novell its share of UNIX licensing for the past few years. This is money that SCO has been using to fuel it's sue-happy strategy.

  22. Groklaw Fisks McBride by cutecub · · Score: 4, Informative · on An Open Letter from Darl McBride

    Groklaw is in fine form today...
    Darl's Open Letter, "Long Live UNIX," and other PR Blizzardry from SCOForum

  23. Venerable or Vulnerable? by Stephen+Samuel · · Score: 1 · on They Make Stuff? SCO's OpenServer 6 Reviewed
    From TFA:
    These improvements, along with a set of new and updated open-source software components, make OpenServer 6 a compelling upgrade for sites already running this venerable operating system.

    I'd only be staying with OpenServer if I really, really, really had to. The current talk on Groklaw is that, with the new charges from Novell, Half-life to SCO's bankruptcy is now measured in months (with weeks an outside possibility).

    Once SCO is bankurpt, you can expect their trustee to settle pretty quidkly with IBM (only Darl and his buddies wouold be stupid enough to keep going on their lawsuit, and Novell may force a withdrawal of most of their original case).

    I expect their future to be 'Brutish and short".

  24. Re:Is SCO getting bored of ludicrous lawsuits? by Anonymous Coward · · Score: 0 · on They Make Stuff? SCO's OpenServer 6 Reviewed

    Actually, it appears that Novell has notified Darl et al that they should commence grabbing ankle.

    Novell's Answer and Counterclaims

  25. Re:It might be scary to say this... by drakaan · · Score: 1 · on Google Patents RSS Advertising
    Which is exactly why NO software company depends on copyrite law.

    I'm guessing that means you think software patents are a good idea. I don't. I think that if you want people to use your software/car/water purifier, you make it better in some way, you don't just say "okay. We have a patent on a device that provides better water by means of filtering out impurities...everybody back off."

    The reason software companies don't depend on copyright law is that right now, they can avoid it and get a patent that helps them keep competition at bay. If they can get granted a sufficiently broad and obvious patent (as is often the case with software patents), they can pick competitors off one by one for daring to think that they could do the same thing better.

    I have no problem with a company not wanting me to steal their work, but I do have a problem with *anyone* telling me what I may or may not think or concieve. If it's *my* work, then they can piss off. Just because I might be able to patent "a method for storing documents as XML" or some equally stupid idea doesn't mean I *should* be able to.

    Copyrite law grants a narrow range of protection for a very long time (Mickey Mouse is still copyrighted, and every few years Disney gets the coverage of copyrite law extended). Plus it is even harder to determine copyright violation in code (think Perl's wonderful way to do the exact same thing 15 apparently diffent ways).

    Actually, Doing something that produces the same output by using different code is exactly what copyright does *not* prohibit. Writing two books, where one begins "It was a dark and stormy night", and a second book begins "It was a lightless nocturnal cycle with high incidence of atmospheric electrostatic discharge" would not trigger a copyright violation investigation.

    The act of *writing* software (key word there) is an act of creative expression. Creative works are protected by copyright so that someone can't come along, snatch up some of what you wrote, change two words, and call it theirs. Determining copyright violation in code is typically pretty easy, actually. Managing to prove that two pieces of software with the same functionality, but different implementations has copyright violations is typically difficult (and pointless, since doing a different implementation of a given idea is fine).

    Ideas are not copyrightable, and never have been. Ideas are also not patentable, in and of themselves. Ideas that embody a process to govern the operation of some procedure or to produce some physical object that performs a physical function or has a physical effect (and, for now, in the US, pure software, via several loopholes) are patentable, if they are non-obvious. Expression that is fixed in a recorded form (written, audio, video) are copyrightable.

    Google's patent fails right off the bat on the obviousness count, and the fact that they filed the patent application upsets me. It should upset you too, unless you have zero desire to design a similar service or use a service that offers the same functionality from someone other than Google.

    I highly suggest that you visit Groklaw and read about copyrights, patents, and how they affect and impact software development.

  26. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  27. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  28. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  29. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  30. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  31. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  32. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  33. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money

    Quick update: Big news. Novell has answered SCO's complaint and has filed some impressive counterclaims. Read the pdf here . Among other things, Novell alleges that SCO had repeatedly asked for Novell to transfer UNIX copyrights, and at the early stages, actually asked Novell to go in with SCO on the SCOSource program. In Novell's counterclaims, they specifically allege:

    In late 2002, SCO repeatedly contacted Novell in connection with SCO's soon-to-be-announced SCOSource campaign. SCO requested copies of certain documentation concerning rights to UNIX, including the agreement between Novell and Santa Cruz. SCO also expressed its interest in a campaign to assert UNIX infringement claims against users of Linux. SCO asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux. Novell refused to participate.

    Some of what Novell is seeking seems to hit right to the heart of SCO's cash resources. The best example of such a tactic is a request by Novell to require SCO to put the money it received from Microsoft, Sun, and others (through SCO's "Intellectual Property Licenses with Linux end users and UNIX vendors") in a "constructive trust" until Novell's contract claims are decided. Unless they move to extend their time, SCO should respond to Novell's counterclaims by 22 Aug 2005.

    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are being rapidly released, with SCO finally joining in. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss, and now Novell has answered SCO's complaint. On top of that, Novell has filed an impressive array of counterclaims . Alleging that SCO "asked Novell to assist SCO in a Linux licensing program, under which SCO contemplated extracting a license fee from Linux end users to use the UNIX intellectual property purportedly contained in Linux," Novell not only says that they refused, but indicate that these conversations demonstrate the SCO launched their storied lawsuits with knowledge that their ownership position in the UNIX System V copyrights was uncertain. Perhaps the most compelling request that Novell is presenting to the court is a request that income SCO received from Microsoft, Sun, and the "Intellectual Property Licenses with Linux end users and UNIX vendors" be put out of SCO's reach into a "constructive trust" until Novell's contract claims are decided. Other counterclaims call for relief relating to SCO's alleged slander of Novell's title to UNIX System V copyrights and declarative, injunctive, and monetary relief relating to SCO's alleged breaches of the contracts relating to the sale of Novell's UNIX business to Santa Cruz. Unless SCO is granted an extension of time, it should reply to these counterclaims by 22 Aug 2005.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it woul

  34. 100 percent, not 95 percent by Hal9000_sn3 · · Score: 5, Informative · on Novell Asks Court to Separate SCOsource Money
    Novell states that they must be SVRX licenses which entitles them to 95% of revenue in royalties.

    Novell does not, and did not ever claim to be entitled to only 95% of revenue on royalties.

    Novell is entitled to 100% of royalties and remits 5% back to SCO as an admistrative fee.

    See page 13 of Novell's answer and counterclaim.

    http://www.groklaw.net/pdf/Novell-78.pdf

  35. Re:This is true... by darkonc · · Score: 1 · on Microsoft Continues Anti-OSS Strategy
    Don't give any evidence that Linux actually IS brittle.

    That's like asking SCO for evidence that Linux violates their copyrights.

  36. Giving linux credability. by miffo.swe · · Score: 1 · on Microsoft Continues Anti-OSS Strategy

    Microsofts constant nagging on Linux is good free advertising. The more they nag the more people realize it's good enough to be a competitor to Microsoft. Even the sponsored SCO case is good for linux because it gives Linux a clean bill of health, something Microsoft sure doesn't have.

    http://www.groklaw.net/staticpages/index.php?page= 2005010107100653

  37. Groklaw's take on the 1999 memo. by mcc · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Groklaw has covered this 1999 email, but it's in an update to an earlier story rather than a story by itself. I thought they had a pretty good take on it and I wanted to quote something here.

    Here's what IBM apparently had to say when the 1999 email first surfaced in court:
    "SCO seeks to explain away the e-mail to which I referred by reference to a 1999 memorandum. Now, Mr. Hatch says that he understands that we have this memorandum. We have it because it was given to us hours before today's hearing. We got it this morning. It should have been produced a long time ago, but IBM is supposedly a party in breach of its discovery obligations.

    Your Honor, the memo was dated five years ago. It was written three years before the e-mail which I have showed to Your Honor. It is a draft. It says on its face that it is provided, quote, 'subject to the further analysis of Mr. Davidson'. That's on page 5 of the fax sent to us this morning by Mr. Hatch. On the last page of the document, page 6 of the fax, he says, 'I'm awaiting analysis from Mike Davidson on some of these issues since he has a better feel for the history of much of this company.'

    "Well, Your Honor, Mr. Davidson weighed in, in the e-mail we provided to Your Honor. In that e-mail, he makes abundantly clear in the last two paragraphs what he said when he weighed in.
  38. Re:A SCO developer running Windows 98? by CyricZ · · Score: 2, Informative · on SCO Says Email Is Inaccurate

    No, the email in question was clearly from Michael Davidson, and not from some consultant. Below are the headers, so you can see for yourself.

    Date: Tue, 13 Aug 2002 13:26:51 -0700
    From: Michael Davidson
    Organization: Caldera International
    X-Mailer: Mozilla 4.6 [en] (Win98; I)
    X-Accept-Language: en
    To: Reg Broughton
    Subject: Re: Patents and IP Investigation
    [1]

    Again, Mr. Davidson was a SCO engineer, not a consultant.

    In the Aug. 13, 2002, e-mail, engineer Michael Davidson said "At the end, we had found absolutely nothing ie (sic) no evidence of any copyright infringement whatsoever."
    [2]

    References:
    [1] http://www.groklaw.net/article.php?story=200507141 44923365
    [2] http://news.zdnet.com/2100-3513_22-5789132.html

  39. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  40. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  41. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  42. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  43. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  44. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  45. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  46. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  47. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  48. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  49. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  50. Current events, calendar. by Anonymous Coward · · Score: 5, Informative · on SCO Says Email Is Inaccurate
    Current events:

    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio