Slashdot Mirror

FileSortingZombie writes "After all the allegations by SCO that IBM is abusing or dragging out the discovery process, over in this story on Groklaw you can read about IBM's objections to what SCO is producing in discovery, not the least of which is that there are suddenly 16,209 fewer files in the privilege log, and IBM wants to know what's become of them. Are they unprivileged, lost, destroyed, already produced, or quite simply gone? As of yet, no one seems to know. All told, IBM found fault with some 76% of their claims, especially one case where IBM says that SCO appears to be trying to claim that a conversation it had with an IBM employee should be considered confidential. One helpful Groklaw reader went so far as to put up this analysis of the complaint on his Web site for those interested in just how objectionable IBM found SCO's filing."

FileSortingZombie writes "After all the allegations by SCO that IBM is abusing or dragging out the discovery process, over in this story on Groklaw you can read about IBM's objections to what SCO is producing in discovery, not the least of which is that there are suddenly 16,209 fewer files in the privilege log, and IBM wants to know what's become of them. Are they unprivileged, lost, destroyed, already produced, or quite simply gone? As of yet, no one seems to know. All told, IBM found fault with some 76% of their claims, especially one case where IBM says that SCO appears to be trying to claim that a conversation it had with an IBM employee should be considered confidential. One helpful Groklaw reader went so far as to put up this analysis of the complaint on his Web site for those interested in just how objectionable IBM found SCO's filing."

petrus4 writes "Groklaw has an update on the Laura DiDio saga. Apparently, her complaints about "Linux extremists" notwithstanding, cooler heads than the usual suspects are asking questions about her research. A very interesting read, and one which will hopefully encourage corporate readers to regard the Yankee Group's findings with the requisite metric ton of salt in the future."

petrus4 writes "Groklaw has an update on the Laura DiDio saga. Apparently, her complaints about "Linux extremists" notwithstanding, cooler heads than the usual suspects are asking questions about her research. A very interesting read, and one which will hopefully encourage corporate readers to regard the Yankee Group's findings with the requisite metric ton of salt in the future."

karvind writes "Groklaw has posted another interesting article about AIX/Monterey/POWER research. The primary purpose of Project Monterey was to provide a stepping stone to Linux. IBM clearly stated this in promotional and technical materials, some of which SCO participated in publishing. It was always the plan that Project Monterey would be for POWER and SCO knew about IBM using SVR4 on POWER as far back as 2001. The article asks (and answers) some interesting questions: 'Where is the monetary damage to SCO? Where is there copyright infringement? Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?'"

karvind writes "Groklaw has posted another interesting article about AIX/Monterey/POWER research. The primary purpose of Project Monterey was to provide a stepping stone to Linux. IBM clearly stated this in promotional and technical materials, some of which SCO participated in publishing. It was always the plan that Project Monterey would be for POWER and SCO knew about IBM using SVR4 on POWER as far back as 2001. The article asks (and answers) some interesting questions: 'Where is the monetary damage to SCO? Where is there copyright infringement? Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?'"

karvind writes "Groklaw has posted another interesting article about AIX/Monterey/POWER research. The primary purpose of Project Monterey was to provide a stepping stone to Linux. IBM clearly stated this in promotional and technical materials, some of which SCO participated in publishing. It was always the plan that Project Monterey would be for POWER and SCO knew about IBM using SVR4 on POWER as far back as 2001. The article asks (and answers) some interesting questions: 'Where is the monetary damage to SCO? Where is there copyright infringement? Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?'"

karvind writes "Groklaw has posted another interesting article about AIX/Monterey/POWER research. The primary purpose of Project Monterey was to provide a stepping stone to Linux. IBM clearly stated this in promotional and technical materials, some of which SCO participated in publishing. It was always the plan that Project Monterey would be for POWER and SCO knew about IBM using SVR4 on POWER as far back as 2001. The article asks (and answers) some interesting questions: 'Where is the monetary damage to SCO? Where is there copyright infringement? Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?'"

karvind writes "Groklaw has up an article stating that judge Kimball has issued an order regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: The Motion is denied. SCO has finally filed its 10Q." From the article: "The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders."

karvind writes "Groklaw has up an article stating that judge Kimball has issued an order regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: The Motion is denied. SCO has finally filed its 10Q." From the article: "The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders."

karvind writes "Groklaw has up an article stating that judge Kimball has issued an order regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: The Motion is denied. SCO has finally filed its 10Q." From the article: "The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders."

darkonc writes "It looks like they didn't learn from the BSD debacle (where, having sued Berkley for copyright infringement, AT&T found that they were using BSD code without acknowledging it's source). Groklaw has an article detailing how SCO has documents created by and for Groklaw on their site -- without even acknowledging the source. It seems that the defenders of the holy IP principle have hoisted the skull and bones."

darkonc writes "It looks like they didn't learn from the BSD debacle (where, having sued Berkley for copyright infringement, AT&T found that they were using BSD code without acknowledging it's source). Groklaw has an article detailing how SCO has documents created by and for Groklaw on their site -- without even acknowledging the source. It seems that the defenders of the holy IP principle have hoisted the skull and bones."

eschasi writes "Groklaw has an article up reporting that Microsoft is going to open up their XML representation of the DOC format in response to Massachusetts' demand for open formats. According to Groklaw there are some interesting caveats involved in the move. From the license: 'We are acknowledging that end users who merely open and read government documents that are saved as Office XML files within software programs will not violate the license'. While opening up the format even partially is a good idea, it's still a far cry from folks being able to write programs that create DOC-compatible files."

Pig Hogger writes "Many people claim that the validity of the GNU Public License has not been tested in court in the US. Well, it just had been, in Michigan, in a case that validated open-source car diagnostic software against the pretension of automakers who want to keep it secret. But don't take my word for it; read the story on GROKLAW." It's actually the Society of Automotive Engineers involved here; DrewTech (the developers in this case) nicely donated half of their settlement money to the SAE.

Mark Stone writes with a thoughtful look back at the year 2004 in open source, pointing out both major gains and inevitable uncertainties. He writes "2004 stands out as a year in which open source consolidated its position as a valuable and accepted approach to business and technology policy. A less obvious but significant trend underlies all of this: even as open source business models join the mainstream, the open source development model remains a mysterious process on which large technology companies struggle to capitalize. Key issues and developments have played out in four areas: legal, policy, business, and technology." Read on for the rest. Legal

The biggest non-story of the year was SCO's legal efforts. So far SCO has not been able to make substantial headway with a single one of its legal claims, and indeed has suffered a number of significant setbacks in court.

This is certainly good news for Linux and open source. Going back five or six years, clearly one of the major obstacles to widespread adoption of open source software was the uncertain legal status of both the software and the licenses. While this aspect of open source is still an unfinished saga -- more on that shortly -- the inability of SCO, through either legal or PR channels, to undermine Linux gives reason for confidence about the future.

The real story about SCO in 2004 has in fact been the telling of that story. While mainstream media coverage of SCO has varied widely -- sometimes accurate, sometimes resembling coverage of the OJ Simpson trial -- Groklaw has emerged as a steady voice of reason and objectivity adeptly defusing all attempts at "FUD" PR around the case.

2004 has been, especially as an election year, a controversial year for the phenomenon of blogging. Whether blogging will provide a sustainable alternate voice in journalism is very much an open question. A few blog sites, however, have shown what a handful of dedicated individuals can do in the face of much larger, and better funded PR machines. Groklaw is an outstanding example of the positive journalism effect that blogging can have.

The legal front brought other good news for the open source community. Norway's Supreme Court acquitted Jon Johansen, and the Norwegian Economic Crime Unit opted not to appeal the decision. In the United States the Digital Millenium Copyright Act still remains the law of the land, but the Recording Industry Association of America has made little progress in forcing ISPs to disclose the identities of alleged file swappers.

A more troubling legal trend is the shift in debate about the intellectual property status of open source software. The principles behind the "copyleft" approach have gained continued acceptance, and have even been leveraged as an integral part of some business models. The debate now, however, centers more around patents that copyright.

IBM has been out in front of the patent issue. Their open source license was the first to explicitly address patent licensing as an issue above and beyond copyright, and they've taken steps, even recent steps, to see that open source development is unencumbered by patent concerns. IBM is not the only company putting patents in the open source domain. Sun Microsystems recently announced they will make patents available under their recently approved Common Development and Distribution open source license (CDDL).

All of this would seem to be good news for the open source community, especially given that Poland's objections have put a temporary halt to the Europan Union software patent initiative. Appearances can be deceiving, however. IBM is a supporter of software patents. Sun's gesture is in fact intended to create a competitive advantage for OpenSolaris over Linux, since the patent protection Sun offers applies only to work licensed under the CDDL -- in other words, not Linux. In a recent News.com commentary, Bruce Parens said, "So while claiming to make the patents available to open-source developers, Sun can sue folks who work on Linux rather than Solaris."

The biggest patent concern comes from Microsoft. In a speech in Australia, Microsoft CEO Steve Ballmer claimed that Linux violated more than 200 patents. While this may be more hype -- or hope -- than fact, it does tip Microsoft's hand in terms of what tactics they are willing to use to meet the Linux competitive threat.

Policy

All other things being equal, customers prefer an open system to a closed one, and vendor choice over vendor lock-in. In the IT world in general, and between Windows and Linux in particular, all other things are not equal, which makes platform choice complicated. More and more, however, organizations are seeing Linux as a viable platform choice that

• Lowers up-front licensing fees
• Has the support and backing of significant technology vendors, whether small, medium (Red Hat), or large (IBM, Novell)
• Avoids vendor lock-in at both the platform and application level

These claims are independent of the more controversial claims about improving security and lowering total cost of ownership. 2004 has added an interesting additional element to the mix: the desire of government organizations outside the United States to not be dependent on a large, American technology company whose revenues exceed the gross national product of most nations.

This software declaration of independence has taken several forms. Sometimes it seems simply to be a negotiating tactic to force Microsoft to lower prices. India may be an example.

Sometimes, however, price is not the issue. Munich, for example, committed to making the switch to Linux despite direct lobbying efforts by Microsoft CEO Steve Ballmer. In the case of a high tech country like Germany, this decision is probably influenced by the reluctance to be dependent on an American company guilty of monopoly practices.

The situation in the developing world is somewhat different. Unshackled by significant requirements of backward compatibility, emerging economies like Venezuela's have a chance to make a clean start and avoid what they perceive as the pitfalls and inefficiencies in older IT infrastructures.

The policy approach in China is even more alarming to traditional technology vendors. China clearly does not want to build an economy dependent on outside production or services, whether it's factories or satellite launches. In the software world China has made it clear that it can and will build its own platform and application stack leveraging open source components, if that is what it has to do to maintain control of its software destiny.

Business

The North American market for computer technology has, in many ways, reached the saturation point. A Pentium 4, to say nothing of a 64-bit processor, is already overkill for most office desktop applications. Older versions of the Microsoft Office suite, and older versions of Microsoft Windows, are often quite adequate for business productivity needs. The problem for traditional technology vendors is aggravated by the fact that Linux, Open Office, and other open source software may now be good enough.

On the one hand this accounts for why policy issues and the international technology market have become so important: this is where technology vendors see the biggest opportunity to grow new business. On the other hand, open source is forcing some significant changes in the software market domestically.

The most visible effect of open source has been the commoditization effect. Microsoft, as we've seen, has been forced to acknowledge the competitive impact Linux is having, and to cut prices overseas in response to this competition. Yet even companies like BEA acknowledge that open source will have an increasing commoditizing effect, meaning that they will cede lower levels of the application stack to freely available open source software and seek to add value further up the stack.

The most dramatic concession to commoditization in 2004 has been the announcement that Sun is open sourcing Solaris. Said one Sun executive who asked to remain anonymous, "Do you think we'd be open sourcing Solaris if we had any other way to compete with Linux on price? Of course not."

If anything, the opening of Solaris reinforces that Sun has been unable to find a business model built around Linux. Given that competitors like IBM and HP have, with varying degrees of success, been able to integrate Linux into their business models, one suspects that there are deeper problems at Sun than the opening of Solaris can solve.

The bottom line is that Sun is still trying to compete with, rather than embrace Linux. The CDDL doesn't extend patent protection to anyone working under a different open source License, and the CDDL is incompatible with the GPL, meaning none of the Solaris code can be used to benefit Linux.

This move, of using a license as a competitive tool, is one of the more subtle but more important business trends to emerge from open source in 2004.

The most common approach is a dual-licensing scheme, utilized by Trolltech (for Qt), Sleepycat (for Berkeley DB), MySQL, and newcomer db4objects, among others.

In each case the company makes its core product available under the GPL, or else under a similar viral-type license. Since each of these software products is intended to be embedded within or combined with other software to create a derivative product, companies are forced to make their own product available as open source, or to approach the originating company about separate licensing under proprietary terms.

The result is a very low-cost distribution mechanism for the open source companies, as well as a cheap in-bound sales channel of pre-qualified leads.

Of course, to be able to dual-license, you must have created all the code in question, or have full rights granted to you for all the code in question. Thus this very successful open source business model is incompatible with the open source development model; each of the companies using the dual-license approach does all, or nearly all of their software development in-house.

Technology

What then of the open source development model? Has it enjoyed the growth and widespread acceptance that open source business models have?

Certainly 2004 saw a number of significant releases for open source projects. GIMP 2.0 was finally released, as was Gnome 2.6. Large companies as well as individual projects made strides. IBM announced the release of its Java database, Cloudscape, as open source. Novell released SUSE Enterprise Server 9.

The year's most significant releases were the 2.6 series of Linux kernels, and the 1.0 release of Mono. With 2.6, Linux now has many of the features needed to compete as an enterprise-class server: better multiprocessor support, failover and hot-swap support, better journaling file system support.

Mono is absolutely critical if the open source community is to compete in the application development market. C# and .Net will be important application building blocks for the forseeable future, and Linux and open source need to be viable approaches.

The Debian Project has undergone an interesting evolution in the last year. Long-time Debian users have often complained about the slow pace at which Debian moves, favoring security and stability over feature growth. The result is a very solid server system, but one that, for the end user, often lacks support for advanced hardware.

The solution, which seems so obvious now, is independent distributions that leverage Debian as a base but target the end user with ease-of-use features and hardware-support features that have yet to make it into Debian. Two successful projects heading down this path are Ubuntu, which follows the Gnome approach to usability, and Mepis, which follows the KDE approach to usability. Either distribution will give you an easy install, access to Debian packages and apt-based network updates, but with more advanced hardware support and an improved UI over stock Debian.

By far the biggest development story of the year, however, has been Firefox, the browser component of the Mozilla project.

Timing is everything. Security, privacy, and spyware have become major concerns in 2004. Microsoft has refused to significantly update Internet Explorer (IE) until Longhorn is released, which could be in 2006 (as in "Santa Claus could be real"). The Mozilla Foundation capitalized on this opportunity with a major fundraising blitz for the foundation and PR blitz around Firefox; this included a full-page New York Times ad.

In November, Firefox 1.0 was released, and to date downloads exceed 10 million. Mozilla has raised over $250,000 in its fundraising campaign. While IE's market share still hovers around 90%, Firefox has rapidly grown to 5% market share, and put a dent in IE's market share for the first time in years. Industry analyst Gartner Group has looked at the results of 2004 and declared the browser war open again.

Looking ahead to 2005, it's interesting to ponder the tech sector's differing response to open source business and open source development models. The business models are reasonably well understood and generally accepted now. Not everyone is leveraging open source as a business play, but everyone understands it is one viable strategy to pursue.

On the development side, however, the results of open source continue to confound the establishment. Why did no one see the Firefox phenomenon coming? Equally important, why isn't anyone (AOL) attempting to leverage Firefox's market success and technology advantages?

With Solaris, it's interesting to note that even supporters of OpenSolaris admit it sees no real development savings to opening Solaris; the benefits are all on the marketing side. Ben Rockwood blogs "It's going to take Sun more work to maintain it open source than it will to just leave it closed."

Yes, open source has become mainstream. But that mainstream presence needs to be more than a commodity benefit to companies willing to leverage the results of open source. Will mainstream technology companies figure out how to anticipate and collaborate with open source development as a deep part of their technology strategy? That's a big question that 2005 may answer.

Mark Stone is an open source consultant and freelance writer living in the Sierra Nevada region of Northern California. He can be reached at mark.stone@gmail.com.

aneroid writes "In response to John Dvorak's "How to Kill Linux" column, LinuxWorld has a riposte to the columnist's assertations. From the article: "Because most of the time, with mainstream devices, I work out of the box. For the "savvy user" and OEM builder, the Linux driver "problem" isn't the problem it was. The days when my poor user had to sweat blood to get me onto a laptop are long gone. Sure, if I get slung onto some random old machine there are still wrinkles, but from what I see on the Windows support forums, that's hardly unique." <update> The story is actually from GrokLaw originally - credit where credit is due.

tres3 writes "In an interview with the O'Reilly Network Mr. Lessig discusses many current issues that may have future legal implications. He starts with MGM's request for Certiorari in the Grokster case. His conclusion is that ReplayTV was forced out of business by a legal challenge, not a legal victory. Lessig continues on to discuss, among other things, The Creative Commons and their new Sampling License and how it may affect the way that some movies and music, that contain samples from other sources, are made in the future. From the article: 'So the same act of creativity in some sense, you know, taking, creating, mixing out of what other people do, is legal in the text world and illegal in the digital media world.'"

Groklaw Reader writes "SCO will be allowed an oral hearing on its potential delisting. The hearing is scheduled for March 17, 2005, so they again show us what they are best at: staving off impending doom. There is no way to predict the outcome of the hearings, but most of the informed speculation is negative, so there are no silver linings in this case. Unless you think they can find some crazy reason to sue the Nasdaq for billions over it..."

Groklaw Reader writes "SCO will be allowed an oral hearing on its potential delisting. The hearing is scheduled for March 17, 2005, so they again show us what they are best at: staving off impending doom. There is no way to predict the outcome of the hearings, but most of the informed speculation is negative, so there are no silver linings in this case. Unless you think they can find some crazy reason to sue the Nasdaq for billions over it..."

bth writes "The New York Times reports that Vint Cerf and Robert Kahn will receive the ACM Turing Award. According to the ACM website: The Association for Computing Machinery, has named Vinton G. Cerf and Robert E. Kahn the winners of the 2004 A.M. Turing Award, considered the "Nobel Prize of Computing," for pioneering work on the design and implementation of the Internet's basic communications protocols." Commentary from Groklaw also available.

In a follow-up to yesterday's story, Allen Zadr writes "Computer Business Online has an article up today entitled 'Judge astonished by SCO's lack of evidence against IBM'. From the article: "Viewed against the backdrop of SCO's plethora of public statements... it is astonishing that SCO has not offered any competent evidence..." This is exactly what Groklaw has been saying all along, and they have commentary on the news as well."

An anonymous reader writes "News.com has reported that the federal judge overseeing the SCO Group's suit against IBM has voiced loud skepticism about SCO's case. "Viewed against the backdrop of SCO's plethora of public statements concerning IBM's and others' infringement of SCO's purported copyrights to the Unix software, it is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO's alleged copyrights through IBM's Linux activities," said U.S. District Judge Dale Kimball." Commentary available on Groklaw as well.

Joe Blakesley writes "Heise is reporting (in German) that the JURI (legal division of the European Parliament who tend to be more pro-EPO) have voted to invoke Rule 55 for a total restart of the software patents process (going back through the anti-swpat Parliament with a totally new directive) following attempts by the EC to get their directive through by the back door. This is an important victory for democracy and it means we can no longer say that the JURI is out. Also see Groklaw's story."

whovian writes "Since IBM was ordered by the courts to show more code, they are now reported by Groklaw to have subpoenaed Intel to show 'all communications between Intel and SCO or Canopy about IBM, Unix or Linux, all meetings with either concerning IBM, Unix or Linux, and all contracts or other business relations, past, present, or future, between Intel and SCO.' The text is available at the website."

Daniel Carrera writes "I've written an article for Groklaw describing the OpenDocument format: 'I asked Daniel Carrera, an OpenOffice.org volunteer, if he'd please explain the OpenDocument format. How does a format get chosen? And is OpenDocument on the list of acceptable formats for governments like the State of Massachusetts? We are all concerned about proprietary formats and standards, and more and more governments are adopting policies requiring open standards, it's a very important subject.' It's currently being considered by the EU Commission as a candidate for an official format."

RMX writes "Groklaw has an excellent analysis of some Patent Questions About the CDDL. For /.ers who don't like reading a lot, the most important point is that 'it would be possible for developers co-developing Open Solaris to someday find themselves blocked from distributing code by a Microsoft patent infringement claim, while leaving Sun, because of their cross-licensing deal with Microsoft, free to continue to distribute the contributed code.' The article also notes that 'The short answer why [some particular clause] is needed in the CDDL and not the GPL is that Linus Torvalds has not just entered into a cross-licensing arrangement with Microsoft, the relevant details of which are not public'. Makes you wonder what those relevant details are?" And reader rudy_wayne writes "David Berlind's column Will Sun's 1600 patents suck the life out of Linux? talks about Sun's open sourcing of Solaris 10 and the problems that occur due to the fact that so many open source licenses are incompatible with each other. One of his most important points is 'when a large company -- IBM, Sun, or anyone else-- donates code to the open source community with a one-off license, like the Eclipse Public License (IBM) or the CDDL (Sun) it gives those companies a way to donate their code to the open source community, which in turn can enhance it to the benefactor's advantage, without that code leaking into a competitor's product (with a non-reciprocating license) in such a way that it can be used against the benefactor.'"

bollow (a) NoLockIn writes "As pointed out on Groklaw, Microsoft has told the EU's Court of First Instance that "certain of the communications protocols that the Commission requires it to provide are covered by patents or patent applications and that it intends to file, before June 2005, a large number of patent applications." In view of this, Poland's courageous action against software patents is a great relief. There's an online thank-you letter for Poland with already over 10000 signatures."

DrJimbo writes "Groklaw has an explanatory article covering the Computer Fraud and Abuse Act (CFAA) in layman's terms. The article discusses legal precedents that might make it illegal to access much of the internet. The article is a response to a claim by SCO that IBM violated the CFAA by downloading GPL'ed software from SCO's public HTTP and FTP sites."

DrJimbo writes "Groklaw has an explanatory article covering the Computer Fraud and Abuse Act (CFAA) in layman's terms. The article discusses legal precedents that might make it illegal to access much of the internet. The article is a response to a claim by SCO that IBM violated the CFAA by downloading GPL'ed software from SCO's public HTTP and FTP sites."

DrJimbo writes "Groklaw has an explanatory article covering the Computer Fraud and Abuse Act (CFAA) in layman's terms. The article discusses legal precedents that might make it illegal to access much of the internet. The article is a response to a claim by SCO that IBM violated the CFAA by downloading GPL'ed software from SCO's public HTTP and FTP sites."

kuwan writes "It was previously reported that SCO moved for and was denied a stay in their case agains DaimlerChrysler. (Remember that all of SCO's claims against DaimlerChrysler were thrown out except for the issue of whether or not DaimlerChrysler made its certification in a timely manner.) The opposition and reply memos for that motion are now available and apparently SCO's motion was so weak that DaimlerChrysler is asking SCO to pay the cost of preparing their opposition memo. A nice summary of the latest maneuvers is available at scofacts.org."

An anonymous reader writes "Groklaw is reporting that Maureen O'Gara has applied to the judge to open all and any filings or transcipts that till now have been sealed by the Utah district court hearing the SCO Group's $5 billion suit against IBM. Groklaw's Pamela Jones notes that 'O'Gara believes the public can't understand the case, because of the sealing' and some of the Groklaw.net members seem to agree that, that since in the U.S. any citizen has a right to review court records in order to monitor the performance of a judge, that O'Gara's 'motion to intervene' will most likely succeed." An anonymous reader writes that Jones last night said of the request "that she is 'of two minds' about the filing: 'I'm crazy wild to read everything. But on the other hand, the court and the parties wouldn't seal things without a reason that seems good to them. I believe in privacy, personally, and I don't think the public has a "right" to know everything.' The legal filing to unseal everything has not yet become available via Pacer."

An anonymous reader writes "Groklaw is reporting that Maureen O'Gara has applied to the judge to open all and any filings or transcipts that till now have been sealed by the Utah district court hearing the SCO Group's $5 billion suit against IBM. Groklaw's Pamela Jones notes that 'O'Gara believes the public can't understand the case, because of the sealing' and some of the Groklaw.net members seem to agree that, that since in the U.S. any citizen has a right to review court records in order to monitor the performance of a judge, that O'Gara's 'motion to intervene' will most likely succeed." An anonymous reader writes that Jones last night said of the request "that she is 'of two minds' about the filing: 'I'm crazy wild to read everything. But on the other hand, the court and the parties wouldn't seal things without a reason that seems good to them. I believe in privacy, personally, and I don't think the public has a "right" to know everything.' The legal filing to unseal everything has not yet become available via Pacer."

davidwr writes "Groklaw has the newly-released-previously-secret 1994 Berkeley/UNIX Systems Laboratories settlement which gave rise to BSD4.4(Lite) (as pdf and text with commentary). This may have an impact on the SCO vs. Linux war."

davidwr writes "Groklaw has the newly-released-previously-secret 1994 Berkeley/UNIX Systems Laboratories settlement which gave rise to BSD4.4(Lite) (as pdf and text with commentary). This may have an impact on the SCO vs. Linux war."

davidwr writes "Groklaw has the newly-released-previously-secret 1994 Berkeley/UNIX Systems Laboratories settlement which gave rise to BSD4.4(Lite) (as pdf and text with commentary). This may have an impact on the SCO vs. Linux war."

An anonymous reader writes "Just this month, Microsoft paid almost $20 million to the Computer and Communications Industry Association to make an anti-trust lawsuit go away. FT.com has just revealed that *half* of that payment was pocketed by Ed Black, the president of CCIA and one of MS's fiercest opponents over antitrust issues. His payment was approved by the CCIA board, which includes Sun Microsystems, Yahoo and Oracle. And here's a quote from this article at Groklaw: Could this be why Nokia quit the CCIA right after the settlement was announced, saying matters were not handled "in the proper way"?"

e6003 writes "Groklaw has a fascinating article written by a retired attorney. In short, he believes FOSS advocates should be following the recently announced Novell anti-trust case against Microsoft with as much vigour as we do the SCO-IBM case. Whilst the latter is to all intents and purposes settled in favour of the Good Guys, the article points out how Novell v. MS is far harder to call. Evidence produced during this new case, he argues, may be valuable for proving anti-competitive intent on Microsoft's behalf should MS (or a proxy) go on a patent rampage against FOSS. Finally, the article points out that Microsoft either destroys evidence itself (see the Burst.com case) or requires evidence to be destroyed as part of settlements (as in the Caldera DR-DOS case)."

ajs writes "In November 2002 everyone who wasn't Red Hat was gathering behind a banner that many thought would spell the beginning of a new chapter in the Unix Wars. That banner was called United Linux. Much has changed in the Linux world since then, and some Founding Partners in the United Linux camp have decided that there are other ways to change the market. Thankfully there are more level headed members of that group. Today, we're not so focused on the differences between Linux distributions, Sun's rants, the aforementioned lawsuits and ever-present, market-gobbling Microsoft keep everyone focused and united enough as it is, and United Linux has begun to fade into memory. So what has United Linux done? Well, it unified three distributions at least, focused attention on Linux standards and made hardware vendors feel a bit less lost when writing drivers for Linux, so it wasn't all a loss. Alas, according the the United Linux site, "There are no plans for a version 2.0 at this time.""

mattOzan writes "Groklaw is reporting that Novell has just filed a reply with an exhibit in support of their motion to dismiss SCO's complaint. The exhibit consists of "1995 minutes from the corporate kit of a meeting of the Board of Directors, which clearly and unequivocably say that Novell was to retain the UNIX copyrights in the sale to Santa Cruz that year."

mattOzan writes "Groklaw is reporting that Novell has just filed a reply with an exhibit in support of their motion to dismiss SCO's complaint. The exhibit consists of "1995 minutes from the corporate kit of a meeting of the Board of Directors, which clearly and unequivocably say that Novell was to retain the UNIX copyrights in the sale to Santa Cruz that year."

LostInTranslation asks: "If I were an MBA looking to make a fantastic new dotcom company, I would look around places like /. to try and net some technical wizards to do my bidding. Sites like this collect that kind of tech genius. But the problem is that I already am a technical wizard, and what I need is someone who is driven to sell wizardry. Where does one find that kind of person? Is there some kind of newsgroup they frequent? I've done a few searches, but nothing of value came up. How does a geek find a suit that wants to be exploited?" "I should clarify: I've run at least two quasi-successful companies in the past ten years, bootstrapping and innovating along. I don't want to run my own business anymore. It's tiring, it takes me away from the front lines, and I don't have the right personality for it. I am looking for a business partner who can turn my good ideas into success stories. I've got angel investors waiting for something to spend on, I've got a massive number of satellite resources to make any idea shine, but I'm missing someone with that je ne sais quoi ... that chutzpah, that integrity in the face of adversity. And I'm not gambling anyone's money on my ideas when I'm fully aware I don't want to run the show.

Someone out there in Slash-land must know where these people collect. They all seem too buzzword-aware to not be on the web somewhere. So give it up: where are they hiding?"

magnany writes "In a recent article, former TRG CEO Jeff V. Merkey had offered to pay 50K USD for a BSD-licensed Linux. Groklaw did a followup on his offer, to which Jeff responded by notifying the FBI of Groklaw's 'hate crimes violation.' Merkey doesn't exactly have a great record, either, which is made even more apparent by his recent threats to file suit against Merkey.net for slander and trademark infringement, amongst others. In addition, he has also reported Merkey.net to the FBI's hate crime department. What could Merkey.net do to get Jeff V. Merkey off their backs?"

rimberg writes "Maureen O'Gara printed a story about what allegedly was said in the last court hearing between IBM and SCO. Groklaw had eyewitnesses at the hearing. None of them reports seeing Ms. O'Gara there. Furthermore, none of them heard any of what she 'reports' about IBM supposedly claiming not to be able to find code. Let me repeat that. IBM never said anything like that, according to groklaw eyewitnesses."

linuxwrangler writes "Tired of being 'flamed, dissected and dismissed' on Groklaw, SCO has decided to fight back. SCO's site, scheduled for launch on November 1, will be called prosco.net. Just yesterday SCO CEO and favorite /. whipping-boy Darl McBride gave a speech comparing the software industry to the 'wild west' and warning companies that they must protect their intellectual property or risk being 'sacked by open source-touting bandits.'"

LMCBoy writes "Groklaw has the story of Kodak v. Sun (mentioned on Slashdot already), which PJ calls 'Exhibit A' in the case against software patents. Her analysis of Kodak v. Sun, and the larger issue of software patents, is excellent. Bottom line: the software patent 'cold war' provides no benefits to anyone, and will inevitably make the game of software development impossible for anyone to play."

LMCBoy writes "Groklaw has the story of Kodak v. Sun (mentioned on Slashdot already), which PJ calls 'Exhibit A' in the case against software patents. Her analysis of Kodak v. Sun, and the larger issue of software patents, is excellent. Bottom line: the software patent 'cold war' provides no benefits to anyone, and will inevitably make the game of software development impossible for anyone to play."

dkh2 writes "It's being reported other places as well but, there's a very nice story over at Groklaw about efforts by the Public Patent Foundation (PubPat) to get Microsoft's patent on FAT restricted or revoked. Bearing in mind that Microsoft still has right of appeal, The USPTO has rejected Microsofts FAT patent." Our earlier story reported on efforts to overturn this patent.

An anonymous reader writes "Groklaw has the scoop. The Federal Trade Commission and National Institute of Standards and Technology (NIST) will co-host a two-day 'summit' November 9-10 to explore the development and deployment of technology that could reduce spam. The E-mail Authentication Summit will focus on challenges in the development, testing, evaluation, and deployment of domain-level authentication systems. The FTC will be accepting public comments until Sept. 30, 2004 via snail-mail or email (authenticationsummit at ftc.gov). The FTC has a list of 30 questions they would like answers/comments to. The list available in this PDF of the Federal Register Notice." In a related subject, reader Fortunato_NC submits this writeup of the sequence of events that led to Sender-ID's abandonment.