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An anonymous reader notes Groklaw's coverage of the apparent mix-up ISO made with Cuba's vote in the matter of recommending OOXML as a standard. Cuba apparently voted against OOXML in September, but ISO recorded their vote as a "yes" — which is odd on its face, as Microsoft is forbidden to sell any products in Cuba. The Cuban NB head has apparently now officially responded to the BRM, but Groklaw's PJ notes that verification remains problematical, and "...the bottom line to me is that a process that worked perfectly well when folks all trusted each other falls into chaos when there are allegations of dirty tricks or undue pressure."

I Don't Believe in Imaginary Property writes "There are new rules to follow for any NB that wishes to change their vote on OOXML after the lack of resolution at the recent Ballot Resolution Meeting. After comparing it to previous instructions, it seems that they only have until March 29th, they need to email several specific people, that email must be sent by certain people, and they need to confirm it in writing as well, most likely via registered mail. Even Groklaw's PJ, who made sense of many of SCO's filings, finds all the requirements a little confusing. But anyone who wants to disapprove of OOXML had better dot every 'i' and cross every 't' if they want their vote to count, if past behavior is any indication."

I Don't Believe in Imaginary Property writes "There are new rules to follow for any NB that wishes to change their vote on OOXML after the lack of resolution at the recent Ballot Resolution Meeting. After comparing it to previous instructions, it seems that they only have until March 29th, they need to email several specific people, that email must be sent by certain people, and they need to confirm it in writing as well, most likely via registered mail. Even Groklaw's PJ, who made sense of many of SCO's filings, finds all the requirements a little confusing. But anyone who wants to disapprove of OOXML had better dot every 'i' and cross every 't' if they want their vote to count, if past behavior is any indication."

I Don't Believe in Imaginary Property writes "There are new rules to follow for any NB that wishes to change their vote on OOXML after the lack of resolution at the recent Ballot Resolution Meeting. After comparing it to previous instructions, it seems that they only have until March 29th, they need to email several specific people, that email must be sent by certain people, and they need to confirm it in writing as well, most likely via registered mail. Even Groklaw's PJ, who made sense of many of SCO's filings, finds all the requirements a little confusing. But anyone who wants to disapprove of OOXML had better dot every 'i' and cross every 't' if they want their vote to count, if past behavior is any indication."

I Don't Believe in Imaginary Property writes "A peering dispute between Telia and Cogent is causing routing and connectivity problems for many internet users. Cogent shut down their connections to Telia over what they described as a 'contract dispute' over the size and location of their peering points. Telia attempted to route around the problem, but Cogent blocked that, too. This has caused a lot of trouble for sites which are not multi-homed. Groklaw, for example, is on a Cogent network (MCNC.demarc.cogentco.com), so any Europeans connecting via Telia can't get through."

I Don't Believe in Imaginary Property writes "Novell's antitrust lawsuit against Microsoft for destroying the market for WordPerfect and QuattroPro can now move forward. The Supreme Court denied certiorari to Microsoft's appeal of an appeals court ruling, which is the fancy legal way of saying they ignored Microsoft's appeal and let the previous ruling stand. Novell's complaint is an interesting read, because some of this sounds quite familiar, given how Microsoft is now forcing the standardization of OOXML. Statements like, 'As Microsoft knew, a truly standard file format that was open to all ISVs would have enhanced competition in the market for word processing applications, because such a standard allows the exchange of text files between different word processing applications used by different customers,' and 'Microsoft made other inferior features de facto industry standards,' sound a lot more recent."

I Don't Believe in Imaginary Property writes "It seems that SCO is never without a trick up its sleeve. In the new '$100 million' reorganization plan, $5 million of which is cash and $95 million credit, one of the creditors is protesting because SCO is hiding the Definitive Documents until there's no time to object. In their own words, 'The debtors are proposing to file the Disclosure Statement 33 days before the hearing, in compliance with the requirement that it be filed at least 25 days before the hearing (F. R. Bankr. P. 3017). However, it is clear that this Disclosure Statement will be inadequate for evaluating the Plan, because it will not include any of the Definitive Documents. The Debtors are proposing to file the Definitive Documents separately, and to do so a mere five business days before the hearing, which is zero days before objections are due.'"

I Don't Believe in Imaginary Property writes "Groklaw has examined that 'new leaf' Microsoft turned the other day. PJ has a lengthy analysis of Microsoft's latest promises. To make a long story short, the promises are more of the same stuff and don't help anyone but Microsoft. They only protect 'noncommercial' development and are set up to create a patented standards toll road so that Microsoft can charge competitors to compete. As PJ puts it, 'This is a promise to remain incompatible with the GPL, as far as I can make out.'"

dacarr writes "SCO has filed their 10K with the SEC — and according to this, their own assessment of the company's outlook is pretty grim. As usual, PJ of Groklaw has a good synopsis of the filing highlights. In short, it boils down to one thing: unless there's a miracle, even SCO doesn't think they're going to come out of this. 'As a result of the Chapter 11 filings, realization of assets and liquidation of liabilities are subject to uncertainty. While operating as debtors-in-possession under the protection of Chapter 11 of the Bankruptcy Code, the Debtors may sell or otherwise dispose of assets and liquidate or settle liabilities for amounts other than those reflected in the consolidated financial statements, in the ordinary course of business, or, if outside the ordinary course of business, subject to Bankruptcy Court approval. In addition, under the priority scheme established by the Bankruptcy Code, unless creditors agree otherwise, post-petition liabilities and prepetition liabilities must be satisfied in full before stockholders are entitled to receive any distribution or retain any property under a plan of reorganization.'"

Anti-virus firm Trend Micro is suing Barracuda Networks over their use of the open source anti-virus product ClamAV. The issue is Trend Micro's patent on 'anti-virus detection on an SMTP or FTP gateway'. Companies like Symantec and McAfee are already paying licensing fees to Trend Micro. Groklaw carries the word from Barracuda that they intend to fight this case, and are seeking information on prior art to bring to trial. Commentary on the O'Reilly site notes (in strident terms) the strange reality of patents gone bad, while a post to the C|Net site explores the potential ramifications for open source security projects. "Barracuda has been able to leverage open source to bring down the cost of security. Early on Barracuda was blocking spam and viruses at roughly 1/10 the price of the nearest proprietary competitor (that was only selling an antivirus solution). Barracuda has helped to bring down prices across the board, and it has been able to do so because of open source. More open source equals less spam and more security. Trend Micro is effectively trying to raise the price of security." Slashdot and Linux.com are both owned by SourceForge.

I Don't Believe in Imaginary Property writes "PJ of Groklaw has written in more detail about the lawyer trying to get a servicemark on the term 'cyberlaw'. (We discussed this here a few days back.) First, she notes that it's only a trademark application at this point. Furthermore, 'cyberlaw' is a generic term with 300,000+ hits on Google and an entry in some dictionaries and reference sites. In other words, while it's silly for a law firm that should know better to file a trademark application, it shouldn't and probably won't be granted if the law is followed. The article is interesting because it spells out the difference between trademarks and servicemarks, as well as explaining the law surrounding them — a law that differs significantly from copyright law."

theodp writes "Mary Lou Jepsen, who left her One Laptop Per Child CTO gig on Dec. 31st, has reemerged with her sights set on a $75 laptop that will be designed by her new company, Pixel Qi, which is described as a 'spin-out' from OLPC. In a Groklaw interview, Jepsen calls for 'a $50-75 laptop in the next 2-3 years' and says it's time to go Crazy-Eddie on touchscreen prices as well." This is probably good news to Bruce Perens, who thinks that the recent report of Microsoft's dual-boot XO project (with Windows as well as the Linux-based Sugar OS) is a feint driven by Microsoft's fear of "the entire third world learning Linux as children." Update: 01/10 21:22 GMT by T : ChelleChelle adds a link to an excellent interview with Jepsen in the ACM Queue, in which she discusses OLPC and some of the technologies it contains.

drewmoney writes "According to an article on Groklaw: It's begun in a Nigerian court. LANCOR has actually done it. Guess what the Nigerian keyboard makers want from the One Laptop Per Child charitable organization trying to make the world a better place? $20 million dollars in 'damages,' and an injunction blocking OLPC from distribution in Nigeria."

An anonymous reader writes "This somewhat amusing press release of sorts tells us one of those things we've all been waiting a while for. SCO(X) has announced that 'it received a Nasdaq Staff Determination letter on December 21, 2007 indicating that as a result of having filed for protection under Chapter 11 of the U.S. Bankruptcy Code, the Nasdaq Listing Qualifications Panel has determined to delist the company's securities from the Nasdaq Stock Market and will suspend trading of the securities effective at the open of business on Thursday, December 27, 2007.' PJ at Groklaw has surmised that with effectively zero cash resources left, Novell doesn't stand to get much more than SCO's furniture, if even that. Ding dong, is the wicked witch finally dead yet?"

UnknowingFool writes "Groklaw is reporting that the Protocol Freedom Information Foundation (PFIF) has signed an agreement with Microsoft to release their protocols relating to Windows Work Group Server. The Foundation agrees to pay MS $10,000, and the agreement does not cover patents. This agreement apparently was made to somewhat satisfy the EU Commission complaints. With PFIF's objective to aid open source, this agreement means that the Samba Team may finally get the information they need to fully interoperate with Windows AD servers."

christian.einfeldt writes "Microsoft has experienced some criticism for its handling of its bid to have OOXML accepted as an ISO standard, including the use of financial incentives to affect the Swedish national vote, which resulted in Sweden reversing its pro-Microsoft position; and failing to honor a promise to relinquish control of the OOXML specification if it gained ISO status. A few days ago Groklaw published an article that raises questions about Microsoft's influence on the upcoming February vote, citing concerns with the limitation of discussions of patent issues, public accountability of the process, and even irregularities with choosing the size of the room so as to limit the delegates opposed to OOXML ISO status, as had been done in the past."

640 Comments Are Enough for Anyone writes "Microsoft is going back on one of their promises concerning OOXML. While they originally made assurances that the ISO would take control of the standard if it were approved, Microsoft is now reversing that position and keeping near-full control over OOXML with the ECMA. This is significant because the ECMA is the group that originally rubber-stamped OOXML. It seems unlikely that they will force changes to correct problems with the standard. In Microsoft's new plan, the ISO would only be allowed to publish lists of errata and would be unable to make OOXML compatible with existing ISO standards, while the ECMA would be the one to control any new versions of the standard."

A number of readers suggest we check out Groklaw, where PJ is reporting that a bankruptcy judge has granted Novell's request to lift the stay so that its trial against SCO can proceed in Utah. The judge concluded that Judge Kimball is the best one to decide how much SCO owes Novell, and that SCO cannot make any "reorganization" plans — including any "fire sale" of assets — until it knows this figure.

An anonymous reader writes "The SCO Group's current fate can be neatly summarized by the title of Pamela Jones' very first article on the case, back in May 2003 — 'SCO Falls Downstairs, Hitting its Head on Every Step.' In the intervening years PJ and Groklaw can be credited with unearthing and exposing many of the flaws in SCO's case, most notably, obtaining and publishing the 1994 settlement in the USL vs BSDi case. An article at the ITPro site interviews PJ about SCO, the impact of Groklaw and future of free software and the law."

walterbyrd writes "Just months after the last nail in SCO's case, and on the same day as Red Hat's brave words about patent intimidation, a company filed the first patent suit against the Linux operating system. IP Innovation LLC filed the claim against Red Hat and Novell over U.S. Patent No. 5,072,412. PJ points out there is prior art here: 'You might recall the patent was used in litigation against Apple in April 2007, and Beta News reported at the time that it's a 1991 Xerox PARC patent. But Ars Technica provided the detail that it references earlier patents going back to 1984.'"

An anonymous reader writes "Via Groklaw comes comments from Microsoft's Steve Ballmer at a UK event, in which the company once again threatens Linux distributions that haven't signed up with their program. '"People who use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us," Ballmer said last week ... Ballmer praised Novell at the UK event for valuing intellectual property, and suggested that open source vendors will be forced to strike similar deals with other patent holders. He predicted that firms like Eolas will soon come after open source vendors or users. Microsoft paid $521m to settle a patent claim by Eolas in August.'"

walterbyrd writes "Pamala Jones, at groklaw, totally rips apart the Novell/Deal patent protection deal. From the article: 'Justin Steinman reveals that to market their SUSE Linux Enterprise Server against Red Hat they ask, "Do you want the Linux that works with Windows? Or the one that doesn't?" It's just appalling. Let me ask you developers who are kernel guys a question: When you contributed code to the kernel, was it your intent that it be used against Red Hat? How about the rest of you developers? Is that all right with you, that your code is being marketed by Novell like that? I also have questions about antitrust issues, with Microsoft being Novell's partner in such deals and sales pitches. Nothing speaks louder about Microsoft's true determination never to be actually interoperable than this conference.'"

NewYorkCountryLawyer writes "The Motley Fool business site says that the RIAA's litigation campaign is in the end game. Monday it reported that 'the music industry's lawsuit crusade against defenseless college students and housewives appears to have hit the skids,' predicting that the RIAA's tactics are 'all about to change.' Today the Fool confirms that 'the change is happening in Internet time, which is somewhere between "instantly" and "yesterday,"' noting that the RIAA's abandonment of its 'making available' theory shows that the end is near. And this is before the RIAA faces its first jury trial, set to begin Oct. 2 in Duluth."

Groklaw Reader writes "Apparently, SCO's lawyers were working overtime last Sunday, because they wrote a quick plea to the bankruptcy court for permission to hire accounting temps. Why? Approximately half of SCO's finance department has resigned or been fired. Two who resigned had over ten years of experience each. One can only assume that they know what's about to happen to SCO."

Groklaw Reader writes "Apparently, SCO's lawyers were working overtime last Sunday, because they wrote a quick plea to the bankruptcy court for permission to hire accounting temps. Why? Approximately half of SCO's finance department has resigned or been fired. Two who resigned had over ten years of experience each. One can only assume that they know what's about to happen to SCO."

Can you say "the SCO, the" in German? writes "Trading of SCO's stock has been halted on news that SCO has filed for Chapter 11 Bankruptcy. This move just so happens to fall on the eve of SCO's trial with Novell. One would think that their prior boasts were mostly bluster, that they believe they have almost no chance of prevailing at trial, and that they're now desperate to protect their executives from SCO's creditors while seeking yet another delay. From the release: 'The SCO Group intends to maintain all normal business operations throughout the bankruptcy proceedings. Subject to court approval, SCO and its subsidiaries will use the cash flow from their consolidated operations to meet their capital needs during the reorganization process. "We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group. "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."'"

watchingeyes writes "In a ruling on various pre-trial motions in limine and other, similar motions in the SCO vs Novell case, Judge Kimball today issued a ruling striking SCO's demand for a jury trial, ruling that Novell's claims seek equitable, and not legal relief. In addition, he denied SCO's request for entry of judgment that would allow them to appeal his ruling on the UNIX copyrights and Novell's waiver rights, ruling that if SCO wants to appeal any of his rulings, it can do them all at once after trial. He also granted Novell's request to voluntarily dismiss its own breach of contract claim, denied SCO's motion to exclude press coverage and evidence from the IBM case, granted Novell's motion in limine preventing SCO from contesting his summary judgment ruling at trial, granted Novell's second motion in limine preventing SCO from arguing that SCOsource licenses that license SVRx only incidentally aren't SVRx licenses, denied another SCO motion in limine which improperly asked the Judge to issue rulings on contractual issues and denied Novell's final motion in limine which sought to prevent SCO from contesting Novell's apportionment of royalties analysis. Looks like SCO will be facing a trial in-front of a judge which has already ruled against them numerous times."

An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "

An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "

Groklaw Reader writes "Just days after Microsoft's attempt to buy the Swedish vote on OOXML came to light, SIS declared its own vote invalid. The post at Groklaw references a ComputerWorld article with revelations from Microsoft: 'Microsoft Corp. admitted Wednesday that an employee at its Swedish subsidiary offered monetary compensation to partners for voting in favor of the Office Open XML document format's approval as an ISO standard. Microsoft said the offer, when discovered, was quickly retracted and that its Sweden managers voluntarily notified the SIS, the national standards body. "We had a situation where an employee sent a communication via e-mail that was inconsistent with our corporate policy," said Tom Robertson, general manager for interoperability and standards at Microsoft. "That communication had no impact on the final vote." ...'"

Groklaw Reader writes "Just days after Microsoft's attempt to buy the Swedish vote on OOXML came to light, SIS declared its own vote invalid. The post at Groklaw references a ComputerWorld article with revelations from Microsoft: 'Microsoft Corp. admitted Wednesday that an employee at its Swedish subsidiary offered monetary compensation to partners for voting in favor of the Office Open XML document format's approval as an ISO standard. Microsoft said the offer, when discovered, was quickly retracted and that its Sweden managers voluntarily notified the SIS, the national standards body. "We had a situation where an employee sent a communication via e-mail that was inconsistent with our corporate policy," said Tom Robertson, general manager for interoperability and standards at Microsoft. "That communication had no impact on the final vote." ...'"

mjasay writes "Groklaw notes that the Free Software Foundation has decried Microsoft's attempts to distance itself from its obligations to abide by GPL Version 3 (press release here). Citing Microsoft's earlier declaration that they are not bound by GPLv3, the Free Software Foundation declared, 'Microsoft cannot by any act of anticipatory repudiation divest itself of its obligation to respect others' copyrights.' The press release implies that the Free Software Foundation may sue Microsoft over the issue."

An anonymous reader writes "The one summary judgement that puts a stick into SCO's spokes has just come down. The judge in the epic SCO case has ruled that SCO doesn't own the Unix copyrights. With that one decision, a whole bunch of other decisions will fall like dominoes. As PJ says, 'That's Aaaaall, Folks! ... All right, all you Doubting Thomases. I double dog dare you to complain about the US court system now. I told you if you would just be patient, I had confidence in the system's ability to sort this out in the end. But we must say thank you to Novell and especially to its legal team for the incredible work they have done. I know it's not technically over and there will be more to slog through, but they won what matters most, and it's been a plum pleasin' pleasure watching you work. The entire FOSS community thanks you for your skill and all the hard work and thanks go to Novell for being willing to see this through."

lymeca writes "Groklaw reports that Google has become the Open Invention Network's first end-user licensee. The OIN was established by companies such as IBM, Red Hat, and somewhat ironically Novell to accumulate patents and license them royalty-free to any company promising not to leverage their own patent portfolio against key applications available on GNU/Linux, including many GNU projects as well as Linux itself. Google's support bolsters the OIN's effectiveness as a shield against patent attacks against GNU/Linux and many popular applications that run on it."

Open Source IT writes "According to a presentation at Ubuntu Live 2007, Dell is working on getting better ATI drivers for Linux for use in its Linux offerings. While it is not known whether the end product will end up as open source, with big businesses like Google and Dell now behind the push for better Linux graphics drivers, hopefully ATI will make the smart business decision and give customers what they want."

Stephen Samuel writes "Groklaw host PJ has dissected the 'patent peace' agreement between Linspire and Microsoft, and has determined that what Linspire agreed to is next to useless for many users. Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose, whatever that means in a software context. You must pay Linspire for the software, but then the "covenant" says to use Linux, you must also pay Microsoft. That payment doesn't cover upgrades. Linspire said it was absorbing the initial fees, but I don't know about upgrades. New functionality means you lose your coverage or presumably must pay again.'"

A Groklaw Reader writes "After all the questions about how the GPLv3 will or won't apply to Microsoft following Microsoft's declaration that they weren't bound by it, PJ of Groklaw wrote this story about how and why the GPLv3 will apply to Microsoft. Specifically, it covers in what ways Microsoft would convey GPLv3 software under the Novell agreement, and how Microsoft's refusal to allow previously sold vouchers to be redeemed for GPLv3 software would impact that agreement. Given that Novell has said that they will distribute GPLv3 software, Microsoft may have had the tables turned on them already."

A Groklaw Reader writes "After all the questions about how the GPLv3 will or won't apply to Microsoft following Microsoft's declaration that they weren't bound by it, PJ of Groklaw wrote this story about how and why the GPLv3 will apply to Microsoft. Specifically, it covers in what ways Microsoft would convey GPLv3 software under the Novell agreement, and how Microsoft's refusal to allow previously sold vouchers to be redeemed for GPLv3 software would impact that agreement. Given that Novell has said that they will distribute GPLv3 software, Microsoft may have had the tables turned on them already."

pilsner.urquell writes "Microsoft yesterday issued a statement proclaiming that it isn't bound by GPLv3. Groklaw has a very humorous rejoinder to the company's claim. From that article: 'They think they can so declare, like an emperor, and it becomes fiat. It's not so easy. I gather Microsoft's lawyers have begun to discern the GPL pickle they are in. In any case it won't be providing any support or updates or anything at all in connection with those toxic (to them) vouchers it distributed as part of the Novell deal ... These two -- I can't decide if it's an elaborate dance like a tango or more like those games where you place a cloth with numbers on the floor and you have to get into a pretzel with your hands and feet to touch all the right numbers. Whichever it is, Novell and Microsoft keep having to strike the oddest poses to try to get around the GPL. If they think this new announcement has succeeded, I believe they will find they are mistaken. In other words, not to put too fine a point on it, GPLv3 worked.'" EWeek has further analysis of this proclamation.

DaveAtFraud writes "Tanya Anderson, the single mother from Oregon previously sued by the RIAA — which dropped the case just before losing a summary judgement — is now suing the RIAA and their hired snoop Safenet for malicious prosecution. (Safenet was formerly known as MediaSentry.) Anderson is asserting claims under the Computer Fraud and Abuse Act and the Racketeer Influenced and Corrupt Organization Act. A reader at Groklaw has already picked up that she is seeking to have the RIAA forfeit the copyrights in question as part of the settlement (search the page for '18.6-7')."

ausage writes "Groklaw has noted that for the last few days, Microsoft has been distributing Unbuntu Desktop Linux from the Windows Marketplace Website. The page is gone now, but can still — as of this morning — be seen using Google cache. 'Heaven only knows that's true, simply perfect for laptops, desktops and servers. The part Microsoft got wrong is it says the license is "Free" and "No limitations". Actually, the GPL does set some limitations, like what you are responsible to do if you redistribute.'"

duh P3rf3ss3r writes "According to Groklaw, a hearing into seven summary judgement motions in the SCO vs. Novell case has been set for 31 May at 9 am before Judge Dale Kimball. Groklaw's PJ speculates that David Boies may have to show up for SCO just to keep their case alive."

mw13068 writes "In a recent article in the Seattle Post Intelligencer FSF General Council Eben Moglen points out that the Microsoft SUSE coupons have no expiration date. The result? 'Microsoft can be sure that some coupons will be turned into Novell in return for software after the effective date of GPL 3. Once that has happened, patent defenses will, under the license, have moved out into the broad community and be available to anybody who Microsoft should ever sue for infringement.' Groklaw is also covering the story in it's inimitable way."

NewYorkCountryLawyer writes "In the ongoing case of UMG v. Lindor, Ms. Lindor has now moved to exclude the trial testimony of the RIAA's 'expert' witness, Dr. Doug Jacobson. Jacobson is the CTO and co-founder of Palisade Systems, Inc, and a teacher of internet security at Iowa State, but in his February 23rd deposition testimony she argues he failed to meet the reliability standards prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702. The Groklaw and Slashdot communities participated in both the preparation of the deposition questions, and the vetting of the witness's responses."

NewYorkCountryLawyer writes "In the ongoing case of UMG v. Lindor, Ms. Lindor has now moved to exclude the trial testimony of the RIAA's 'expert' witness, Dr. Doug Jacobson. Jacobson is the CTO and co-founder of Palisade Systems, Inc, and a teacher of internet security at Iowa State, but in his February 23rd deposition testimony she argues he failed to meet the reliability standards prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702. The Groklaw and Slashdot communities participated in both the preparation of the deposition questions, and the vetting of the witness's responses."

rm69990 writes "Novell has filed 4 motions for Summary Judgment against SCO, which essentially ask the court to toss the remainder of SCO's case that isn't already being arbitrated between SUSE and SCO. One seeks a ruling from the court that Novell transfered none of the copyrights in Unix to SCO, which is backed up by many exhibits and declarations from people who negotiated the deal. Another, along the same lines, asks the court to toss the portions of SCO's Unfair Competition and Breach of Contract claims pertaining to the Unix copyrights. The third asks the court to rule that Novell did not violate the Technology License Agreement between SCO and Novell, and last and also least, the fourth seeks to toss the Slander of Title for the additional reason that SCO has failed to prove any special damages. These motions follow 2 motions for summary judgment filed by Novell late last year on 2 of their counterclaims."

Core 2 Duo writes "Apparently, someone at AMD noticed that Groklaw has been having trouble running on the old IBM servers ibiblio uses, so they donated two powerful AMD Opteron servers to ibiblio specifically for Groklaw's use. Curiously, this means that Groklaw is no longer hosted by IBM's servers, but SCO's own investor relations website is."

Core 2 Duo writes "Apparently, someone at AMD noticed that Groklaw has been having trouble running on the old IBM servers ibiblio uses, so they donated two powerful AMD Opteron servers to ibiblio specifically for Groklaw's use. Curiously, this means that Groklaw is no longer hosted by IBM's servers, but SCO's own investor relations website is."

Technician writes "It appears that SCO and Groklaw have the exact same tie to IBM: the ibiblio service. 'An eagle-eyed Groklaw ninja, sk43, has spotted an ftp site where you can get binary copies of Linux libraries needed by SCO's OpenServer and UnixWare customers who use lxrun. But you can't get the source code from that sco.com ftp site. SCO directs their customers to .... sunsite.unc.edu. Why bless my stars, sunsite.unc.edu is the old name for what is now ibiblio!'"

Xenographic writes "Remember all the fuss about SCO subpoenaing PJ of Groklaw, where they allege that she's funded by IBM because she once got a publicly available document from a volunteer at the courthouse a little before it hit the Court's website? That's nothing. Groklaw has evidence that other materials have been leaked in this case — but they weren't leaked to Groklaw, and they weren't leaked by IBM. Information about the sealed materials in question made its way to Maureen O'Gara, who wrote a story based on inside information, displaying a positively uncanny insight into what SCO was planning, including far more than just the sealed document a SCO lawyer read out loud in open court. Interestingly, several witnesses report that Maureen O'Gara did not even attend that hearing, leaving us to speculate about her source."