Slashdot Mirror
Red Hat Cornering SCO in Delaware
LordNite writes "There is a great article over at Groklaw on the latest motion in the RedHat's Delaware suit. RedHat has filed for the start of discovery. Looking at the list of documents RH is requesting it looks like SCO will finally have to come clean. Naturally SCO is trying to stall. It looks like the beginning of the end of this whole mess." The faster this can get into court and be over, the better.
Funny how SCO is trying to duck out of providing evidence to their "claims". It seems to me that if they were truly wronged, they would be eager to provide proof.
I think it is also funny that they are concerned about "trade secrets" when everyone knows how Unix works. There is no big mystery.
The GrokLaw site has been slashdotted and is cooling off. Please check again in a few minutes or try the "old" site at Radio or the Google cache.
:-))
Our apologies for this interruption of service, the Webmaster.
I suppose this this could be considered a (ahem) "Legal DoS'ing".
./ and 20 minutes later the router melted down..."
The GrokLaw site has been slashdotted and is cooling off. Please check again in a few minutes or try the "old" site at Radio or the Google cache.
Our apologies for this interruption of service, the Webmaster.
Oopsie.
I knew I should have kept the reference of a funny quote from one Slashdotter who said "...and I stupidly posted a link to my site on
Heh.
And this, is classic (and taken out of context, naturally):
I think we may assume that if IBM's internal review had shown that, they'd have folded by now. I have no inside info, I hasten to add. Just a brain.
Don't laugh. Not everyone gives evidence of having one.
/snort.
Hahahahaha
Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
Apologies to PJ/Groklaw for posting the content without permission.
There has been quite a lot of activity in the Red Hat case.
SCO filed a Motion to Dismiss the action in its entirety, as you know, and Red Hat filed its answering brief. But since we last reported on this case, Red Hat initiated discovery. They asked SCO for documents and for answers to some pointed questions. IBM is forcing SCO into a corner in Utah, and Red Hat is forcefully and aggressively trying to do the same in Delaware. You'll see, I think, that we haven't been wasting our time telling the world the details of this story. The big picture is that Red Hat is telling SCO to prove their allegations with specificity. They also want all their source code, and I'm sure you can figure out what they want to do with it, when I tell you that they asked for the complete Linux Kernel Personality source code, among the other products for which they have requested source code.
They also want to hear some details about the relationship between Canopy and SCO, including any stock or intellectual property transfers. They want SCO to "identify by title, version, module(s) and line(s)" what they think is misappropriated in any way or in violation of any of its rights. They ask for the details of Microsoft and Sun's licensing arrangement with SCO. They want to know who those 1500 companies were that got the letter, and what happened next. They want to know exactly what SCO has filed a copyright on. They want all the details of SCOsource, including all the folks who have seen the code SCO has been showing under the NDA and what they saw, and any other contact with any Linux users about supposed liability. They want to know how they compared the UNIX and Linux code to determine infringement. They want to know if they've done any comparisons of the two and what the results were. They want to know all the stock or industry analysts SCO has met with or talked to and what was said. In short, it's like the kind of fantasy a guy might have about a bully getting his at last, because they asked them everything we wanted somebody to finally ask SCO and make them answer.
SCO responded to Red Hat's discovery requests by filing a new motion, and it has told the judge, in a Motion to Stay Discovery Pending Resolution of Motion to Dismiss, it would like a delay until after the first motion, the Motion to Dismiss, is ruled on. They surely don't seem in any hurry to get this matter resolved. They argue that because they are simultaneously providing discovery to IBM (of course IBM says they aren't seeing anything, as I recall), they can't possibly do both, and anyway, if they win their motion, it'd be moot. In short, they would very much like not to have to do this, presumably so that if they win the Motion to Dismiss they can continue to refuse to give any particulars about their case. If the judge doesn't grant their Motion to Dismiss, they'd like the judge to give them 30 days to provide all the discovery items.
Both of Red Hat's discovery documents are attached to this SCO Motion to Stay Discovery, and they begin with definitions, like what is "intellectual property" within the context of the document, and instructions, like how to identify the writers of documents, etc.. The first document begins on page 7 of the pdf, but we find out what Red Hat is asking for on page 12, where the list begins.
Red Hat in its "First Request for the Production of Documents and Things" asks SCO to produce the following documents:
1. All documents concerning the subject matter of the Complaint.
2. All documents concerning any customer, or potential customer, of Red Hat.
3. All communications between SCO and Red Hat or any employee of Red Hat.
4. All communications between SCO and any user or potential user of a Linux product, including Red Hat LINUX product, concerning any rights to Linux, or UNIX that SCO claims to have or concerning any actions by Red Hat that SCO claims are wrongful.
5. All documents that concern any and all copyr
SCO Files 2nd Motion Asking the Red Hat Judge for a Delay on Discovery
Thursday, October 09 2003 @ 04:25 AM EDT
There has been quite a lot of activity in the Red Hat case.
SCO filed a Motion to Dismiss the action in its entirety, as you know, and Red Hat filed its answering brief. But since we last reported on this case, Red Hat initiated discovery. They asked SCO for documents and for answers to some pointed questions. IBM is forcing SCO into a corner in Utah, and Red Hat is forcefully and aggressively trying to do the same in Delaware. You'll see, I think, that we haven't been wasting our time telling the world the details of this story. The big picture is that Red Hat is telling SCO to prove their allegations with specificity. They also want all their source code, and I'm sure you can figure out what they want to do with it, when I tell you that they asked for the complete Linux Kernel Personality source code, among the other products for which they have requested source code.
They also want to hear some details about the relationship between Canopy and SCO, including any stock or intellectual property transfers. They want SCO to "identify by title, version, module(s) and line(s)" what they think is misappropriated in any way or in violation of any of its rights. They ask for the details of Microsoft and Sun's licensing arrangement with SCO. They want to know who those 1500 companies were that got the letter, and what happened next. They want to know exactly what SCO has filed a copyright on. They want all the details of SCOsource, including all the folks who have seen the code SCO has been showing under the NDA and what they saw, and any other contact with any Linux users about supposed liability. They want to know how they compared the UNIX and Linux code to determine infringement. They want to know if they've done any comparisons of the two and what the results were. They want to know all the stock or industry analysts SCO has met with or talked to and what was said. In short, it's like the kind of fantasy a guy might have about a bully getting his at last, because they asked them everything we wanted somebody to finally ask SCO and make them answer.
SCO responded to Red Hat's discovery requests by filing a new motion, and it has told the judge, in a Motion to Stay Discovery Pending Resolution of Motion to Dismiss, it would like a delay until after the first motion, the Motion to Dismiss, is ruled on. They surely don't seem in any hurry to get this matter resolved. They argue that because they are simultaneously providing discovery to IBM (of course IBM says they aren't seeing anything, as I recall), they can't possibly do both, and anyway, if they win their motion, it'd be moot. In short, they would very much like not to have to do this, presumably so that if they win the Motion to Dismiss they can continue to refuse to give any particulars about their case. If the judge doesn't grant their Motion to Dismiss, they'd like the judge to give them 30 days to provide all the discovery items.