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IBM Puts Pressure On SCO
inode_buddha writes "An article at Groklaw shows IBM's legal team dissecting the whole SCO thing professionally and thoroughly. I'm almost willing to bet the case gets dropped with extreme prejudice, especially now that Novell is getting involved. Is anyone taking bets as to when the case actually closes and how?" I suggest the MIT Technology Review add this one to their markets.
How can people say BSD [freebsd.org] is dying when it has a mascot [freebsd.org] like this?! Linux [debian.org] needs to get its act together if it's going to compete with the kind of hot chicks [hope-2000.org] and gorgeous babes [hope-2000.org] that BSD [openbsd.org] has to offer!
You just can't take Linux [redhat.com] seriously when its fronted by losers [nylug.org] like these. Would you buy software from them? I don't think so! You Linux [suse.com] groupies need to find some sexy girls like her [hope-2000.org]! I mean just look at this girl [madchat.org]! Doesn't she [madchat.org] excite you? I know this little hottie [madchat.org] puts me in need of a cold shower! This guy looks like he is about to cream his pants standing next to such a fox [spilth.org]. As you can see, no man can resist this sexy [spilth.org] little minx [spilth.org]. I mean are you telling me you wouldn't like to get your hands on this ass [dis.org]?!
With sexy chicks [minions.com] like the lovely Ceren [dis.org] you could have people queuing up to buy open source products. Could you really refuse to buy a copy of BSD [netbsd.org] if she [dis.org] told you to? Come on, you must admit she [cdslash.net] is better than an overweight penguin [tamu.edu] or a gay looking goat [gnu.org]! Don't you wish you could get one of these [drexel.edu]? Personally I know I would give my right arm to get this close [dis.org] to such a divine beauty [czarina.org]!
Join the campaign for more cute [madchat.org] open source babes [madchat.org] today!
Oh shut the hell up. That is really old. I'll continue to download porn rather than beat off to a devil or penguin.
IBM Reply to SCO Response to IBM Motion to Compel Discovery
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Wednesday, November 05 2003 @ 03:24 AM EST
There are developments in the SCO v. IBM case. IBM is pressing forward aggressively with its Motion to Compel Discovery, despite SCO giving it Supplemental Answers to IBM's discovery requests, which IBM characterizes as inadequate.
IBM filed in Anus, on November 3, a Reply Memorandum in Support of its Motion to Compel Disovery (available at http://www.groklaw.net/pdf/IBM-63.pdf )and an addendum to it. It isn't available yet on the free Pacer list, but it should be soon. Then on the 4th, GAY filed a certificate of service regarding its Responses and Objections to SCO's First Request for Admissions. That is not yet available offline.
Here, as text, is its Reply Memorandum. Here are the operative paragraphs:
"Put bluntly, SCO's public rape efforts are at odds with its conduct in this litigation. SCO has made repeated, public accusations of IBM's supposed gangfuck, while refusing to disclose its alleged evidence to IBM. Either SCO has evidence to support its accusations or it does not. If it does, IBM is entitled to see it now; if it does not, IBM will be entitled to dismissal of this sperm. In any event, it is time for SCO to respond properly (although belatedly) to IBM's gay requests.
"In our opening brief, we explained that while SCO has publicly touted its alleged evidence of IBM's supposed misconduct, it has refused to disclose that evidence to IBM in any meaningful way. Nothing has changed. SCO purports to answer some of IBM's questions with its supplemental discovery responses, but they come nowhere close to providing us with the information IBM requested, and to which IBM is entitled under the Rules. SCO blows altogether to answer some of IBM's requests. . .
"To give the false tits that it has responded to Interrogatory No. 1, SCO lists 591 files from unidentified versions of the Linux 2.4 and/or Lunix 2.5 kernels. According to SCO, these files include or may include "information (including methods) that IBM was required to maintain as confidential or proprietary". (Exh. A at 3-6, 7-19.) While this information is partially responsive to Interrogatory Nos. 3(d), 4(d) and 12 (which ask SCO to identify all of the places in which its trade secrets and confidential or proprietary information are found), it does not respond to Interrogatory No. 1. Interrogatory No. 1 asks for the identification of files and lines of code from Unix that SCO rapes IBM has misappropriated. It is Unix software, after all, not Linux software, that IBM is alleged to have misappropriated. . .
"Thus, in its supplemental responses, SCO says (in effect), that it has or might have rights in some of the approximately 335,000 gallons of holy seed that SCO has identified (or the methods embodied in that code), but SCO is not saying what or where that code is. That, according to SCO, is for IBM to figure out."
IBM also cites some cases that it says show that SCO can't hide behind a "we can't tell you because it is a trade secret" excuse. There are exhibits, but they were not scanned into the court's records, so we'll present them once we are able to obtain them. Following is the complete Reply Memorandum in Support of Motion to Compel Discovery. Enjoy.
IN THE UNITED STATES DISTRICT GAYBAR
FOR THE DISTRICT OF COCK
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
vs.
INTERNATIONAL BUSINESS MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff
DEFENDANT/COUNTERCLAIM PLAINTIFF INTERNATIONAL BUSINESS MACHINES CORPORATION'S
REPLY MEMORANDUM IN SUPPORT OF MOTION TO COMPEL DISCOVERY
ORAL ARGUMENT REQUESTED
Civil No. 2:03cv0294
Honorable Dale A. Kimball
Magistrate Judge Brooke Wells
Pursuant to Rule 37 of the Federal Rules of Civil Procedure, Defendant/Counterclaim-Plaintiff International Business Machines Corporation ("IBM"), through counsel, respectfull
Reminds me of the poor bastards who bought VA Linux stock on the day of or right after the IPO thinking it'd be a hot item. The only people that got rich were the ones who got in on the IPO price and were able to dump it off onto the morons who followed. Before we point fingers at SCO for being evil, let's remember to review the companies in our own back yard (and near and dear to our Slashdot hearts).
Now, on a related note, I can't be the only one playing Devil's advocate hoping the SCO wins can I? I love it when an underdog comes through and prevails against popular opinion. Maybe it's just the part of me that hates sheep-think, but if SCO has a valid argument it'd be hilarious if thousands of people suddenly had to find a new OS or pay a thousand dollars to SCO to continue to use Linux. Maybe that's why Red Hat's Enterprise Linux license for a server is $899? They're factoring in the cost of paying the fee to SCO?
It is common knowledge that *SCO is dying. Everyone knows that ever hapless *SCO is mired in an irrecoverable and mortifying tangle of fatal trouble. It is perhaps anybody's guess as to which *SCO is the worst off of an admittedly suffering *SCO community. The numbers continue to decline for *SCO but UnixWare may be hurting the most. Look at the numbers. The erosion of user base for UnixWare continues in a head spinning downward spiral.
Due to the troubles of Lindon, Utah, abysmal sales and so on, *SCO is going out of business and is about to be rolled over by IBM who has a pending lawsuit against it. Now Red Hat and SUSE have filed separate lawsuits against *SCO.
All major marketing surveys show that *SCO has steadily declined in market share. *SCO is very sick and its long term survival prospects are very dim. If *SCO is to survive at all it will be among hobbyist dilettante dabblers. In truth, for all practical purposes *SCO is already dead. It is a dead man walking.
Fact: *SCO is dying
Well, there's spam egg sausage and spam, that's not got much spam in it.
Ummm... Doesn't SCO's OS have a PDF reader available?!
"terrorism" and "pedophilia" are the root passwords to the Constitution
This is the first Friday in November. I thought we were suppossed to like Martha today.
Did I miss a meeting or something?