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SCO Fires back, Subpoenas Stallman, Torvalds et al

SirFozzie writes "SCO has just, within the past hour, announced that they have fired back against IBM's legal broadside, with one of their own, filing subpoenas against several of the biggest names in Linux. SCO filed subpoenas with the U.S. District Court in Utah, targeting six different individuals or organizations. Those include Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation; Stewart Cohen, chief executive of the Open Source Development Labs; and John Horsley, general counsel of Transmeta."

1,145 comments

  1. How about an investigation by nate+nice · · Score: 4, Insightful

    Lets see how M$ or some other Linux enemy is in some way funding SCO here. There is something going on beyond what we see my intuition tells me.

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    1. Re:How about an investigation by SpaceLifeForm · · Score: 2, Insightful
      How about a carefully orchestrated conspiracy?

      Did Linus have anything to do with the IBM contract?

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    2. Re:How about an investigation by Anonymous Coward · · Score: 5, Interesting

      um MS bought several unix liscences from sco like a year ago. no mysetery really. but the real motive is sco's own greed. it just so happens that it coincides withs MS's goals so they threw some money at it.

    3. Re:How about an investigation by MoeMoe · · Score: 1, Interesting

      Actually, it has been common knowledge for a little while now that Microsoft is backing SCO to pull off all this garbage... There are the obvious reasons as to why MS would be behind SCO on this but the most insulting one is the fact that they are trying to build a monopoly all over again along with the help of the monkey boy named SCO... If SCO hadn't started all this BS about having a part of Linux to themselves, it wouldn't have escalated to such proportions...

      --
      Business \Busi"ness\, n.;
      A scam in which all people involved perceive as beneficial...
    4. Re:How about an investigation by NanoGator · · Score: 5, Insightful

      "Lets see how M$ or some other Linux enemy is in some way funding SCO here."

      No matter how this case comes out, it can't kill Linux. You think if movie studios are forced to pay $700 per Linux box they're suddenly going to switch to Windows and rewrite all their software? Do you think companies will replace their webservers with IIS? Do you think the offending code won't be removed so infringing machines are immediately fixed?

      Why would anybody assume Microsoft funded this? I suppose maybe because it's something Yosemite Sam would do.

      --
      "Derp de derp."
    5. Re:How about an investigation by nateDigs420 · · Score: 1

      Its not an assumption that Microsoft is supporting SCO I have read about it on this very website. Do a search for it.

    6. Re:How about an investigation by Billly+Gates · · Score: 3, Insightful
      Easy to give their salespeople an advantage.

      Ms salesmen can use the words "You could be held liable if you use Linux ... " and that would scare them until buying Windows.

      Company Image is big business and being sued and raided can affect your stock price.

    7. Re:How about an investigation by nateDigs420 · · Score: 4, Informative

      Here are a few nice little story about it: http://www.internetnews.com/ent-news/article.php/2 208691 There have also been reports about Microsoft being in on several Cash investments that SCO has recieved over the last several months.

    8. Re:How about an investigation by Overly+Critical+Guy · · Score: 1, Interesting

      The use of "M$" in your post automatically denotes it to the bottom of the trash heap.

      Stop acting like immature kiddies, people. Busine$$e$ make $$$. Even $lackware.

      Just saying (even turned off Karma Bonus for this post).

      --
      "Sufferin' succotash."
    9. Re:How about an investigation by NanoGator · · Score: 3, Interesting

      The article says Microsoft licensed the Unix code. It doesn't say "Microsoft gave money to SCO in order to destroy Linux." Microsoft has what, 80 million people using Windows? Multiply that by $699.

      --
      "Derp de derp."
    10. Re:How about an investigation by NanoGator · · Score: 1

      "Ms salesmen can use the words "You could be held liable if you use Linux ... " and that would scare them until buying Windows."

      MS Salesman can also tell them that Linux will eat their children. If SCO wins, a new 'copyright infringement free' Linux will come out, and business will continue as usual. If MS Salesmen can be successful with that tactic, they can be successful without SCO winning the case. FUD's easy enough to generate.

      --
      "Derp de derp."
    11. Re:How about an investigation by nateDigs420 · · Score: 4, Interesting

      Why would Microsoft license a company that distributes software that is a DIRECT competitor to their Server software? Would it be to infuse a poor company with money so they can fight a lengthy legal process? I would be willing to bet the farm.

    12. Re:How about an investigation by Ugot2BkidNme · · Score: 2, Insightful

      OK the fact that you got a 4 for this is said. where is yoru Common Knowledge I have not once seen anythign linking Microsoft to SCO other then the fact Microsoft paid SCO for a licsence. I know that should be Criminal paying a company ratehr then adding more work to an already overworked Legal team Microsoft has. I really kinda feel sorry for SCO no matter how bad they try to be the bad guy MS still steals there thunder. Cause if there is a problem with software in the World it is always Microsofts fault.

      I bet you believe that Tupac and Elvis are Still alive. That the US never walked on the moon. hell you probably believe that xenu is controlling you.

      Regardless the above post deserves a Flamebait not a 4. but feel free to Flamebait me because I deserve it for taking the bait.

    13. Re:How about an investigation by IM6100 · · Score: 2, Insightful

      For it to be 'common knowledge' and not just a 'common rumor' you'd have to have some cites and/or evidence to provide.

      Do you? Many of us wouldn't mind at all for it to be the case, but let's not make bold claims without anything to back them up.

      --
      A Good Intro to NetBS
    14. Re:How about an investigation by nateDigs420 · · Score: 1

      Another note on this issue, why would Microsoft wait so long to license UNIX? Unix has been around much longer then Microsoft so don't you think its strange that they would wait until now, after SCO files a $1 Billion lawsuit against IBM, finally license UNIX? The timing seems kind of strange.

    15. Re:How about an investigation by jon3k · · Score: 1

      Do you have any proof whatsoever to back up that claim? Because I'd *LOVE* to hear it.

    16. Re:How about an investigation by Anonymous Coward · · Score: 0

      Why would Microsoft license a company that distributes software that is a DIRECT competitor to their Server software?

      Because M$ owns UNIX interoperability tools that could conceivably infringe on SCO patents. They license the technology for the same reason that Sun and HP license the technology.

    17. Re:How about an investigation by nateDigs420 · · Score: 0, Redundant

      Sun licenses UNIX because they have their on VERSION of Unix that they like to sell with their server hardware.

    18. Re:How about an investigation by Anonymous Coward · · Score: 0

      "Stop acting like immature kiddies"

      Its been my experience that people who use "immature" to describe people are generally under 21 themselves.

      Like when a 13 year old boy annoys a 13 year old girl, what does she say? "You are like seeeew, immature!"

    19. Re:How about an investigation by NanoGator · · Score: 1

      I have NFI what you meant by that, heh.

      --
      "Derp de derp."
    20. Re:How about an investigation by Anonymous Coward · · Score: 0

      Don't you getting tired of repeating the same thing over and over again? Or do you have a script that does it?

    21. Re:How about an investigation by SCO_can_suck_my_ · · Score: 0, Offtopic

      Do I really need to write a comment?

    22. Re:How about an investigation by CaptainAx · · Score: 1

      They won't switch from Linux to IIS on Windows, They'll switch to FreeBSD!

    23. Re:How about an investigation by NanoGator · · Score: 2

      "Why would Microsoft license a company that distributes software that is a DIRECT competitor to their Server software?"

      Because Windows contains some of that infringing code?

      --
      "Derp de derp."
    24. Re:How about an investigation by nate+nice · · Score: 1

      Yeah, but companies like Microsoft (M$) use their power and greed to crush otherwise great innovation and from a moral standpoint this is wrong. They are a case of capitalism being either great or flawed, depending on your point of view. The problem right now is everyone is so invested in them they become an auto-monopoly that we won't break because by default we are all in bed with them. Oh well, I would rather spend my time worrying about myself than what they are up to. Linux ain't going anywhere and that's all I care about in the end I guess.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    25. Re:How about an investigation by erktrek · · Score: 1
      Which do you suppose is more likely:

      A company will be liable for using Linux OR a company is ALREADY liable due to noncompliance with Ms's licensing scheme?

      How about the FUD of the BSA raiding your offices and trashing your business?

    26. Re:How about an investigation by nate+nice · · Score: 1

      Your idiot conspiracy theories are ridiculous and wrong. Fuck off.

      Sorry.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    27. Re:How about an investigation by NanoGator · · Score: 1

      Lick anuses? What are you, a troll cadet? heh. I heard better insults when I was in 6th grade.

      --
      "Derp de derp."
    28. Re:How about an investigation by Anonymous Coward · · Score: 0

      yay, felcher boy is back.

    29. Re:How about an investigation by Anonymous Coward · · Score: 0

      nit-picking about the dollar sign in a post automatically denotes it to the bottom of the trash heap. Stop acting like immature kiddies, people. A dollar sign in a post is not nearly as lame as taking the time to point it out and act out like a child stomping your feet saying "I'm going to ignore you now!" when you obviously didn't since you took the time to reply. Try changing things in the world that matter, then you can truly be an adult.

    30. Re:How about an investigation by roystgnr · · Score: 3, Funny

      Because Windows contains some of that infringing code?

      SCO can't even find any real infringements in code they're allowed to read. How on earth would they have found an infringement in code they aren't allowed to read?

    31. Re:How about an investigation by nateDigs420 · · Score: 2

      Microsoft's code is not open source so its not seen by the public or anyone else for that matter so even if you wanted to sue microsoft for using your code you would have to have some damn good evidence (like the code itself). So if I'm microsoft and I know that know one outside of my own company knows what my code looks like then I'm not going to worry myself with Licensing. How would SCO ever prove that they were infringing, they can't just go ask a judge to let them inspect the code of every os ever built, that would give away too many trade secerets, which is the basis to the whole lawsuit anyways.

    32. Re:How about an investigation by NanoGator · · Score: 1

      "SCO can't even find any real infringements in code they're allowed to read."

      No, they haven't released the info yet. That's why IBM's issuing subpoenas.

      --
      "Derp de derp."
    33. Re:How about an investigation by flossie · · Score: 1
      How would SCO ever prove that they were infringing, they can't just go ask a judge to let them inspect the code

      Maybe Microsoft are about to engage in a bit of "downsizing" and don't want disgruntled ex-employees shopping them to SCO.

      I think the desire to fund an anti-Linux, anti-GPL campaign is more likely though.

    34. Re:How about an investigation by nateDigs420 · · Score: 1

      Most (possibly all) Microsoft employees are required to sign a nondislosure agreement saying that not now nor not ever will they disclose any information about projects or products they have worked on while with Microsoft.

    35. Re:How about an investigation by Anonymous Coward · · Score: 0

      I am now fully convinced that OCG is a script, running in a cron job on one of Slashdot's servers. That's the only way I can figure out his dull, plodding predictablity.

    36. Re:How about an investigation by Anonymous Coward · · Score: 0
      Anything you say is automatically demoted to the bottom of the trash heap.
      Just saying (even turned off Karma Bonus for this post).
      Too bad, because then you could have lost even more karma, you fucking troll.

      asshat
    37. Re:How about an investigation by flossie · · Score: 1

      Well, I'm certainly not an expert on US contract law, but I would be very surprised if you could get into trouble for breaching a contract by reporting a crime.

    38. Re:How about an investigation by starseeker · · Score: 1

      You're not thinking dirty enough. They're out to get open source software ruled illegal in the US, or even better get it declared public domain. It makes no sense, but then this is the US legal system we're talking about.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    39. Re:How about an investigation by BobTheLawyer · · Score: 1

      from a legal point of view this would a very ill-advised thing for Microsoft to do, as it could find itself countersued by IBM.

      Any US lawyers reading this care to elaborate on the US law approach to champerty and maintenance?

    40. Re:How about an investigation by Anonymous Coward · · Score: 0

      I heard better insults when I was in 6th grade.

      That was what? One year ago?

    41. Re:How about an investigation by Anonymous Coward · · Score: 0

      Its funny how you follow "felcher boy" so closely. Looks like you might be interested in some action.

    42. Re:How about an investigation by NanoGator · · Score: 1

      Gee, calling somebody a 7th grader. Take that!

      Heh.

      Keep trying, maybe you'll come up with a funny!

      --
      "Derp de derp."
    43. Re:How about an investigation by Anonymous Coward · · Score: 0

      I'm flattered by the offer, but no. Maybe you shouldn't look for a partner on Slashdot. I'm sure Google'll help you find the right type of bar to frequent.

    44. Re:How about an investigation by Anonymous Coward · · Score: 0

      dont patronize me. you arent sorry.

    45. Re:How about an investigation by flafish · · Score: 1

      Whistle Blower's act would protect them if they say something to the Gov't if MS was breaking the law.

    46. Re:How about an investigation by yourmom16 · · Score: 1

      Contract laws are left to the states, so there technically is no such thing as US contract law. Covering up a crime makes you an accomplice in the crime, which is illegal. In most, if not all, states, a contract is void if it requires a party to commit a crime. Thus you can't get in trouble for reporting a crime. Many states have provisions that specifically exempt you from contractual obligations if you report a crime as well.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    47. Re:How about an investigation by NanoGator · · Score: 1

      That was a much better insult! Congrats! Who's coaching ya?

      Unfortunately, it failed to bother me. Here's why:

      - I don't have a sumo body by any stretch of the imagination.

      - My girlfriend'd be upset if I described myself as sexless.

      - I'm not using XP, nor am I even using IE with multiple windows open. I do have email notification on. (Dare I point out that you are the one having to reload every so often to make sure I replied? I just click a link.)

      - I'm not on welfare, I actually have a decent paying job. Had it for 6 years.

      - Though I can afford AC, I don't have it. I don't live in a part of the country that gets very hot.

      - And my penis is a respectable size.

      So, I sit here, unphased. Keep trying though, your insults have improved dramatically. Your trolling still needs some work, though.

      --
      "Derp de derp."
    48. Re:How about an investigation by Anonymous Coward · · Score: 0

      Well I'm sorry you've been unable to attract a man. I hope that when you finally do get relief you don't go broke.

    49. Re:How about an investigation by Anonymous Coward · · Score: 0

      Mmm, so is MS betting that if SCO can actually win this (ha!) that MS will be able to grab all the Linux code and use it in Windows? *shudder*

    50. Re:How about an investigation by Anonymous Coward · · Score: 0

      Unlike you, when someone licks my ass for the purpose of being a human bidet, its hardly exciting. They are just cleaning my ass. I dont know if wiping your ass is sexual, but hey. To each his own.

      As far as the shortage of male asslickers without HIV, we have you to thank you for the shortage - spreading HIV with your homo friends.

    51. Re:How about an investigation by NanoGator · · Score: 1

      Fat fuck: Nope.
      Lying: Nope.
      Girlfriend: Attractive human female.
      XP: I'll give you partial credit, I'm using 2k. It's also the platform of choice for 3D work.
      Email notifcation: Nope. Turned it on years ago.
      Welfare: Nope.
      AC: Nope. Temperature here rarely goes above 70.
      Penis: Cute, but nope.
      Trolling: Nope. You're still a rookie.
      Sucking Donkey Cock: Nope.
      My Sig: Nope. There have been much worse.
      My Other Posts: Nope. My karma and fan list would disagree with you.

      Your previous post showed a lot of progress, this one was rehashed. I'm guessing you're not the original dude.

      Would you like a lil advice on how to troll? You're going about it all wrong.

      --
      "Derp de derp."
    52. Re:How about an investigation by Anonymous Coward · · Score: 0

      So you have a preference for men licking your ass, but it's not sexual. Heh. There's denial if I ever saw it. Be strong, though. It's the best way to fight rejection.

    53. Re:How about an investigation by Anonymous Coward · · Score: 0

      Yeah, really. He used to actually be interesting, and would actually respond to you, now he just keeps spitting out the same 3 or 4 lines over and over and over again.

      Fucking boring.

      OCG, please at least change up your scripts a bit, we get the fucking point and its getting old.

    54. Re:How about an investigation by LinuxGeek · · Score: 1

      MS has admitted that they used BSD code in windows. Since the BSD derived tree is immune to the SCO lawsuit since the AT&T/BSD ruling in the early 1980s, what more could MS have to hide? They still retain rights to use the Xenix codebase. It seems to me that most new Unix type development that MS could have appropriated that would get them in hot water is Linux code.

      You don't suppose that their security sweep in February may have turned up stolen code and they are now trying to wrangle their way out of a huge, embarrasing and expensive mess do you.

      --

      Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
    55. Re:How about an investigation by Anonymous Coward · · Score: 0

      Microsoft or any other company can use BSD code. It's available for any use since it's BSD. The BSD sources and projects will go on, so if the code gets included and those people find bugs, they will usually report those because it's far less expensive to report them to the original BSD developers than keep your patches up to date : once reported, they are automatically integrated into each future release so they'll grab and use without worrying and paying someone to adapt the patches again and again. Even if BSD allows proprietary inclusion, in the end we find that they end up telling us of bugs and trouble. Sometimes they ask not to disclose the source they are :))

    56. Re:How about an investigation by tuxtomas · · Score: 2, Insightful

      It won't kill linux. None of this will kill linux. Ever.

      It'll drive more innovation, development, and in turn- jobs...off the shores of the US.

      Big business at it's finest. Screwin' the little guys.

      --
      Open source- the greatest equalizer mankind has ever seen.
    57. Re:How about an investigation by screenrc · · Score: 1
      Nobody need to help to assume that
      Microsoft is behind this. It is public
      knowledge that Microsoft funded SCO (in
      exchange for purching 1-year Linux "licenses", which
      they do not need, or they could get for free.).
      No, is not a secret that Microsoft has
      funded SCO; see their official announcement.


      But some of you pretend to be so dump, that even when
      you see money changing hands, you still don't
      believe that Microsoft is behind this. What more will
      it take?

    58. Re:How about an investigation by Anonymous Coward · · Score: 0

      My Other Posts: Nope. My karma and fan list would disagree with you.

      Hahaha. My real account has those too. A sizeable amound of karma (which was accrued before the cap) and a ton of fans. You think that's ahrd to do? And you think something of being "popular" in the realm os Slashdot? AHAHAHAHAHAHA. You a lot fucking gayer than I thought.

      Ahahahahahahs. You fucking point out your friends list. HAHAHAHAHAHA. Yeah, you want friends, just rip MSFT a new asshole on Slashdot and a bunch of assholes like yourself with automatically like you.

      YOU ARE SO FUCKIN' LAME.

      Trolling: You're a rookie at rating them.

      I dont have to address anything else because I've already spoken in finality.

      I'm not even going to be bothered to look up your past comments and find shit to laugh at you about.

      Ad you advising me on trolling. This is classic. In any forum besides slashdot, most of the flubber you eructate out of your mouth would be considered below "troll," mindless babble that means nothing.

      So go back to programming those 3d shareware screensavers no one buys that you stole from Linux. Loser.

    59. Re:How about an investigation by Anonymous Coward · · Score: 0

      I never said I did prefer male or female human bidets. A human bidet is like toilet, its a tool for managing feces. Its interesting to see how you bring sex and sexuality everytime managing waste comes into arena. Interesting. Have a problem separating sex from eliminating waste there chief?

    60. Re:How about an investigation by be-fan · · Score: 1

      Actually, lots of people have seen MS code. Its licensed to universities all the time.

      --
      A deep unwavering belief is a sure sign you're missing something...
    61. Re:How about an investigation by NanoGator · · Score: 1

      "AHAHAHAHAHAHA. You a lot fucking gayer than I thought. ... Ahahahahahahs. You fucking point out your friends list. HAHAHAHAHAHA"

      Piece of advice: When you're laughing like HAHAHA, you're not ahead.

      "I dont have to address anything else because I've already spoken in finality."

      And...?

      "So go back to programming those 3d shareware screensavers no one buys that you stole from Linux. Loser. "

      Piece of advice: Insults only work if there's a grain of truth to it. You're very cold here. Heh.

      If you're gonna hit reload over and over again waiting for me to respond, gonna at least learn from it?

      --
      "Derp de derp."
    62. Re:How about an investigation by Anonymous Coward · · Score: 0

      Oh no, HAHAHAHAHA means I'm laughing at you. Right here. Right now. You have been a source of amusement for me. I have used you.

      My mentioning having spoke in finality indicates this. You cease to be stimiulating and have become repetitive in certain areas. I care not to drudge up things that are repetitive.

      Oh, I assumed you were capable of programming. I'm sorry I overestimated you.

      By the way, you are clearly learning something from me. Its called a spinlock, and its fun to watch you in one - right here, right now.

    63. Re:How about an investigation by Anonymous Coward · · Score: 0

      You have fed that troll enough for a week. Maybe two. He might get sick from overeating.

    64. Re:How about an investigation by NanoGator · · Score: 1

      "Oh no, HAHAHAHAHA means I'm laughing at you. "

      Oh please, nobody types "HAHAHA" unless they're gritting their teeth. You're trying way too hard here. It's called being defensive. That's why you're trying to find something you can attack me with. :)

      --
      "Derp de derp."
    65. Re:How about an investigation by Anonymous Coward · · Score: 0

      "Have a problem separating sex from eliminating waste there chief?"

      I'm not the one soliciting human bidets. :)

    66. Re:How about an investigation by NanoGator · · Score: 1

      He's getting pissed, not satsified.

      --
      "Derp de derp."
    67. Re:How about an investigation by Anonymous Coward · · Score: 0

      They just do a better job cleaning.

    68. Re:How about an investigation by Anonymous Coward · · Score: 0

      Suuuuuuuuuuuuure.

    69. Re:How about an investigation by Anonymous Coward · · Score: 0

      Actually, I'm not. This is the longest nested thread I think I've ever seen. It is hilarious.

    70. Re:How about an investigation by Anonymous Coward · · Score: 0

      Your jealous fantasies about my condition at the keyboard are very amusing. Please continue.

    71. Re:How about an investigation by cshark · · Score: 1

      Great! This is good news, even though they're just doing it to be mean spirited. These people will do nothing but help the IBM case. It was bound to happen sooner or later. Let em come. The sooner this is over, the sooner we can sort out the pieces of SCO, sell them off, and get on with our lives. Although, I don't know what I would talk about here and on COLA at three in the morning if that happened. We would probably go back to talking about how bad microsloth sucks.

      --

      This signature has Super Cow Powers

    72. Re:How about an investigation by Anonymous Coward · · Score: 0

      You know, if you don't believe me, ask your mom if its lucrative for her. I mean, I know a penny a lick isn't much, but when you live in a trailer park and have a retard kid like yourself, it can add up.

    73. Re:How about an investigation by NanoGator · · Score: 1

      What, no fake "HAHAHAHAHA" for me this time? Getting sleepy?

      --
      "Derp de derp."
    74. Re:How about an investigation by NanoGator · · Score: 1

      "Yo mama" is not a strong rebuttal. Heh.

      --
      "Derp de derp."
    75. Re:How about an investigation by Anonymous Coward · · Score: 0

      You really didnt say anything that was so gay it ripped the fabric of space and time with its sheer sucktitude as you usually do, so there wasnt a lot of material to come up with a clever retort to that causes me to laugh. You are actually getting more boring than usual.

    76. Re:How about an investigation by Anonymous Coward · · Score: 0

      You did make a mistake. You were going AC this whole thread. By my estimation you ran out of AC posts for your IP. HAHAHAAHAHAHA.

      I think Yo Mamma is funnier to the viewing public than nothing at all in the way of humor or insult, which is what you are doing. Nothing. You are bizarrely ineffective at stirring me up at all, but your flaws are so deep, when you choose to reveal them, they are a great source of amusement.

    77. Re:How about an investigation by NanoGator · · Score: 1

      So we've gone from HAHAHAAH to "uh you're boring". Not being fed enough?

      --
      "Derp de derp."
    78. Re:How about an investigation by Anonymous Coward · · Score: 0

      Actually, no, I'm not being fed enough. You need to feed me more material. Man, if you dont give me anything to go on, I cant do much. But I'm sure that's what your "Girlfriend" [aka realdoll] says when you're trying to get her to orgasm.

    79. Re:How about an investigation by NanoGator · · Score: 1

      " By my estimation you ran out of AC posts for your IP. HAHAHAAHAHAHA."

      Nah. But you're right, I did make a mistake, forgot to check the box. Oh well.

      "You are bizarrely ineffective at stirring me up at all"

      That's why ya keep going, and when I don't reply for a while you reply to my other posts. I think we know who's in control here. :)

      --
      "Derp de derp."
    80. Re:How about an investigation by Anonymous Coward · · Score: 0

      Nah. But you're right, I did make a mistake, forgot to check the box. Oh well.
      Well, that means you suck at AC trolling man.

      That's why ya keep going, and when I don't reply for a while you reply to my other posts. I think we know who's in control here. :)
      Certainly not you. Certainly not you. Because if it werent for you, there would be more where you came from. You certainly arent unique.

    81. Re:How about an investigation by xmorg · · Score: 1

      This has got to be the biggest circus ever. I think if sco is going down, it wants to take Linux and free software itself down with it. Why? that ReMaIn$ tO be seen.

    82. Re:How about an investigation by NanoGator · · Score: 1

      "Man, if you dont give me anything to go on, I cant do much."

      Sorry dude. Been a long day.

      --
      "Derp de derp."
    83. Re:How about an investigation by Anonymous Coward · · Score: 0

      Nah. But you're right, I did make a mistake, forgot to check the box. Oh well.

      People tend to make foolish, basic errors when they get angry.

    84. Re:How about an investigation by NanoGator · · Score: 1

      "People tend to make foolish, basic errors when they get angry. "

      And sleepy.

      --
      "Derp de derp."
    85. Re:How about an investigation by Anonymous Coward · · Score: 0

      I can only imagine that working the fries at McDonalds for 2 shifts to work for your HIV and anti-psychotic medication [which if you dont take you violate your parole] and the trailer park rent can probably put some miles on the brain. I dont know if that mileage is enough to justify the moronacy, but whatever.

    86. Re:How about an investigation by NanoGator · · Score: 1

      "Well, that means you suck at AC trolling man."

      It means I wasn't trying very hard to AC troll.

      "Certainly not you. Certainly not you."

      Uh huh. Except you're going to reload the page over and over again until I respond. Heh.

      --
      "Derp de derp."
    87. Re:How about an investigation by Anonymous Coward · · Score: 0

      Well, after anally bleeding for hours after unprotected anal sex with a gang of gays, I can only imagine that you would be sleepy from the bloodloss.

    88. Re:How about an investigation by NanoGator · · Score: 1

      Like I said, insults only work when they're true. Let's be serious for a sec: Can you envision the possibility of anybody making fun of you for having 11 fingers and actually causing you to be upset?

      --
      "Derp de derp."
    89. Re:How about an investigation by NanoGator · · Score: 1

      Very graphic image you painted there. Care to share more of your experiences with us?

      --
      "Derp de derp."
    90. Re:How about an investigation by Anonymous Coward · · Score: 0

      Well, bait on isn't meant to upset a fish. Just tempt it.

    91. Re:How about an investigation by Anonymous Coward · · Score: 0

      Primitive reversal attempt. Ineffective. I must say my ability to comment on anonymous homosexual sex would be something you would be the absolute authority on.

    92. Re:How about an investigation by Anonymous Coward · · Score: 0

      It means I wasn't trying very hard to AC troll.

      Oh yes you were. You even said you fogot to tick the checkbox.

      Uh huh. Except you're going to reload the page over and over again until I respond. Heh.

      What makes you think this process is heavily interactive. Its quite easy to poll the advent of your new posts through verious mechanisms that require neither user input nor my attention.

      Now isnt it time to "do" your realdoll? Or does she stay late at the bordello?

    93. Re:How about an investigation by NanoGator · · Score: 1

      Bait has to be tempting to the fish before it can tempt one. The problem with your insults is that you're taking shots in the dark.

      You were on the right track with my little fuckup over the anonymous button. I did something embarrasing, and ya let me off way too easy. One way to really bug somebody in a situation like that is to come up with an obvious and logical assessment of what happened. "That's the kind of mistake an angry guy would have made". That was a good shot. It wasn't true in my case, but if you had found 'supporting evidence' (even by twisting around other comments I made) and presented it like you were making a case to others who are reading this, there's a chance you would have gotten my goat.

      Had that happen to me a couple of years ago. I made a reference to Communism and Hitler. Woops. Heh. Nobody would let that go. I was fumin. I think the reason for it was akin to handing your enemy your gun.

      I didn't offer you troll advice earlier because I see myself as some master troll. It's because I have been trolled really badly in the past. Thought you'd enjoy a little of my experience from it.

      --
      "Derp de derp."
    94. Re:How about an investigation by Anonymous Coward · · Score: 0

      Giving up so soon? Man-oh-Gaytor!

    95. Re:How about an investigation by NanoGator · · Score: 1

      "Giving up so soon? "

      I have nothing to prove, so I'm not sitting here reloading every 30 seconds.

      --
      "Derp de derp."
    96. Re:How about an investigation by LinuxGeek · · Score: 1

      Sorry if I gave the impression that I thought that MS couldn't include *BSD code, I know that they can.

      My question in longer form is asking if MS may have uncovered source in their codebase that is not under the BSD license and not covered under their Xenix code. If they have discovered (L)GPL'd code, then they might just act about like they have so far with SCO as their ally. They have licensed UNIX IP from SCO and if SCO becomes owner of Linux because it is declared a derivative of UNIX, then both SCO and MS win big. On many levels.

      --

      Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
    97. Re:How about an investigation by Anonymous Coward · · Score: 0

      Bait has to be tempting to the fish before it can tempt one. The problem with your insults is that you're taking shots in the dark.

      This is some good tackle I seem to be using.

      The shots in the dark thing is because of the one-dimensionality of everything you do and say, after going through the easy stuff, I have to needle for soft spots.

      You were on the right track with my little fuckup over the anonymous button. I did something embarrasing, and ya let me off way too easy. One way to really bug somebody in a situation like that is to come up with an obvious and logical assessment of what happened. "That's the kind of mistake an angry guy would have made". That was a good shot. It wasn't true in my case, but if you had found 'supporting evidence' (even by twisting around other comments I made) and presented it like you were making a case to others who are reading this, there's a chance you would have gotten my goat.

      I knew you were ACing me the whole time. I was pleased to see that in your careless rage you slipped up. Now you seem to be coming clean for not my benefit but yours and anyone else reading this.

      It's because I have been trolled really badly in the past.

      Analyze this. Whenever I've said things here "insightful" or "funny" or "interesting" or "informative" I never get trolled. Not that this commnity of morons knows how to rate things. Must be something about your posting that lends itself to trolling.

    98. Re:How about an investigation by Anonymous Coward · · Score: 0

      If you had nothing to prove why reply then.

      Like I said before, this doesnt require much intervention on my part.

    99. Re:How about an investigation by Anonymous Coward · · Score: 0

      Look, trolls are bad enough as it is without having to scroll through 50 responses to a troll. Normally I like the quality of your posts even though I often disagree with your opinion. In this case however, I hope all of your posts in this thread get moded down to at least 0 Offtopic.

    100. Re:How about an investigation by NanoGator · · Score: 1

      "This is some good tackle I seem to be using."

      Not really. If it was I wouldn't be like conversing with ya like I am here. If it were good bait, I'd be sittin here either defending myself or attackin ya.

      "The shots in the dark thing is because of the one-dimensionality of everything you do and say, after going through the easy stuff, I have to needle for soft spots."

      Yeah, that's something I learned from being picked on. The more you give somebody, the more they have to use against you. For example, you tried a couple of times to imply my girlfriend is a realdoll or something like that. If this convo had happened a couple of years ago, I probably would have spent a lot of time debating that, tellin ya all about her etc. That would have opened you up to winding me up s'more and having that go on endlessly.

      "I knew you were ACing me the whole time."

      I thought that was rather obvious. The problem with trying to be two people as AC is you run into trouble with two posts showing up within 2 minutes of each other. That's usually a dead giveaway. It's really not even worth trying.

      " Now you seem to be coming clean for not my benefit but yours and anyone else reading this."

      Like I said, I thought it was obvious that was me the whole time. I don't think you're dumb. Even if I didn't slip up, I was using the same wording in both cases. Overusing the word 'defensive'. It wasn't my goal to use the AC posts to make you think it was somebody else.

      "Whenever I've said things here "insightful" or "funny" or "interesting" or "informative" I never get trolled. Not that this commnity of morons knows how to rate things. Must be something about your posting that lends itself to trolling."

      I have the opposite results here. When I'm 'insightful' or 'informative', I tend to attract trolls. I think you're right, though, there is something about my posts that attract it. I think part of it is that in a lot of cases I'm not siding with popular view. Lots of people get modded up for saying "SCO sucks". I'm not terribly interested in restating that. I try to come up with an alternative view. Not really to gain points so much, but rather because interesting conversations sometimes pop up. Sometimes, though, it attracts trolls. Not that it's a puzzling occurance. If I'm not saying SCO sucks, then I must be real ignorant, right? *Shrug*

      --
      "Derp de derp."
    101. Re:How about an investigation by NanoGator · · Score: 1

      Sorry bout that. Didn't think it'd go this long. :)

      You're right, they should all be modded down.If that happens, I accept the consequences.

      --
      "Derp de derp."
    102. Re:How about an investigation by NanoGator · · Score: 1

      I'm off to bed. G'nite man.

      --
      "Derp de derp."
    103. Re:How about an investigation by Felinoid · · Score: 1

      They don't find code they PRETEND to find code.
      Microsoft already discovered they mistakenly used GPLed code once and chances are good Microsoft has not learnned it's lisson and created an audit trail to prevent that again.

      I'm sure SCO figured that out long ago and desided to spook Microsoft on the fact that nobody knows where Microsofts code comes from not even Microsoft.
      (Where do you think Microsoft get's this idea that open source can't control where it's code comes from...
      Every time Microsoft FUDs someone it turns out to actually be true of Microsoft itself...)

      But this is fruteless speculation...
      Maybe Microsoft wanted to help SCO and had the money to throw, Maybe Microsoft was worryed about violating SCOs liccens.
      Maybe Microsoft saw a good deal and grabbed it knowing some time in the future they could actually steal some SCO code and say "Hay we got a liccens"

      Maybe Bill Gates was board and thought "SCO's being stupid those Linux people will eat them up like sharks. Well might as well chum the waters for em by putting Microsoft into the mix."
      Just to see how rabid Linux supporters will be when they hear the news.

      We don't know and it really dosen't matter even if SCO isn't trying to destory Linux what they are doing is wrong and the amount if involvment of Microsoft really makes no diffrence.

      SCO may actually believe they aren't attacking Linux.
      Theafs tell themselfs they aren't stealing just so they can sleep at night.

      --
      I don't actually exist.
    104. Re:How about an investigation by fucksl4shd0t · · Score: 1

      SCO can't even find any real infringements in code they're allowed to read. How on earth would they have found an infringement in code they aren't allowed to read?

      While you make a good point, the underlying reason your point fails is because SCO didn't read the Linux code in the first place. Considering that fact, they should have absolutely no trouble suing Microsoft for infringing. Also Apple (OS9, since OS X is based on BSD and has already been cleared), Amiga Inc, Palm, et al.

      After all, SCO is claiming to own the original OS and that all else is either a licensed derivative or is going straight to hell unless they pony up some money.

      --
      Like what I said? You might like my music
    105. Re:How about an investigation by fucksl4shd0t · · Score: 2, Insightful

      Hey dude, maybe you wanna take a look at this big page you've made that's nothing but you fighting with a stupid anonymous coward? At any point did you once think "I'm not gonna waste my time or anybody else's with this troll"?

      --
      Like what I said? You might like my music
    106. Re:How about an investigation by Anonymous Coward · · Score: 0

      Yosemite Sam? Nah, maybe Wylie E. Coyote though.

    107. Re:How about an investigation by NanoGator · · Score: 1

      Well, ya got a valid point about wasting other people's time. No, didn't occur to me that you all'd see a list of a buncha replies. And I apologize for that. As for wasting my time I was entertained by it.

      On an unrelated note, I bookmarked your sig. While I'm at work tomorrow I'll listen to your songs. Got a coupla friends I'll forward it to also. No idea if I'll like the music or not, but it is nice to see a fellow artist getting his work out there.

      G'nite, and again I'm sorry bout the noise..

      --
      "Derp de derp."
    108. Re:How about an investigation by Anonymous Coward · · Score: 0

      That person whom you said sorry to is a FUCKING ASS. He thinks he is fucking God. You know what I think of him, EVERYTHING he says is a TROLL and FLAIMBAIT and should be moderated down.

      What does he think of that? He is a fucking prick, dont listen to him, him and his fascist censorial ways.

    109. Re:How about an investigation by Anonymous Coward · · Score: 0

      Look, the armchair pseudo intellectual fuckheads like you are bad enough without having to scroll though NINETY NINE fucking percent of all posts. Normally, I hate people like you, everything you say, you dont own businesses, make any money, ever invent anything or do anything useful with regard to the survival of humankind.

      In this case, however, I hope your faggot ass has the fucking balls to show his "righteous" self so I can TROLL you. Freak.

    110. Re:How about an investigation by ultrabot · · Score: 1

      Because Windows contains some of that infringing code?

      Boy, your faith in the benevolence of MSFT is remarkable.

      --
      Save your wrists today - switch to Dvorak
    111. Re:How about an investigation by Anonymous Coward · · Score: 0
      Riiiight.

      You read about it exactly where?

      And that makes it... umm... true?

      You haven't been reading slashdot very long, have you?

    112. Re:How about an investigation by Anonymous Coward · · Score: 0

      yes. realdoll awaits.

    113. Re:How about an investigation by Anonymous Coward · · Score: 0

      whats with the ya, ya? You seen Fargo 40 times in a row?

      You arent attacking me? Why not? You should.

      You wont talk about the realdoll because she is suprisingly lifelike. Keeping her secret is necessary.

      If the AC bit wasnt worth trying why do it in the first place?

      I don't think you're dumb.
      I know that.

      At this point I dont know what you said to start this, but man, it must have been good.

    114. Re:How about an investigation by Anonymous Coward · · Score: 0

      Who the hell made you Lord Chin Shui Huang Ti, the Ruler and Lord on High around here?

      Yes, emporeror, he is sorry for being trolled. What the hell were you hoping to get out of posting that. You are basically fucking browbeating and traumatizing him.

    115. Re:How about an investigation by Anonymous Coward · · Score: 0

      you didnt waste anyone's time. these motherfuckers censor EVERYTHIGN they can. the only waste of time on slashdot is that quite a number of good people no longer post and a number who still do who are good are moderated down. the +3-+5 crap leftover is usually groupthinking me too posting.

      as for that guy's music it is really, really, really, really , REALLY horrific.

      you shouldnt be sorry about any noise these are the days of your lives and these are your writings on the wall!

      you really should flame me.

    116. Re:How about an investigation by fucksl4shd0t · · Score: 1

      Well, ya got a valid point about wasting other people's time. No, didn't occur to me that you all'd see a list of a buncha replies. And I apologize for that. As for wasting my time I was entertained by it.

      No harm done, dude. This sort of thing doesn't happen very often. last time I saw anything of the sort was when an early comment in an SCO story turned the whole discussion into a religious fight. That was months ago.

      On an unrelated note, I bookmarked your sig. While I'm at work tomorrow I'll listen to your songs. Got a coupla friends I'll forward it to also. No idea if I'll like the music or not, but it is nice to see a fellow artist getting his work out there.

      Thanks! Fair warning, though. :) All that's there are rough mixes, missing bass guitar (because I don't have a bass guitar). I'm also not much of a sound tech, and I've recently learned stuff so that when I get around to working on it some more (hopefully in the beginning of December) I'll do better. It's metal, though. If you're willing to overlook some of the blatant amateurism there, and you like metal, I'd expect you to find stuff you like. :) Just make sure when you pass your judgement you don't judge poorly because of the poor quality of the engineering, because that part is admittedly poor (even stated so on the page). :)

      Anyways, if you like it, and if you pass it on and other people like it, send me an email (through the convenient form on the website). Fact is, I don't have a lot of time to work on my record, and I haven't even touched it in months. If I could show enough interest that would be willing to spend actual money on it, though, I could justify putting time into it outside of my "spare time" (what's that?). Otherwise, anybody who's really interested will just have to wait until I find my own time (which will happen eventually, I do this for fun, not profit).

      Of course, if I do get around to it and there is a lot of interest, I intend to redirect the interest into an online music distributor and building a record label with the internet as the core of its distribution model, so the music actually stands more as "this is what you can do with Free Software. You don't need RIAA labels any more", and I intend (when the record's complete) to use my website to prove the base distribution model. "If you build it, they will come" (gawd I can't stand Kevin Kostner).

      --
      Like what I said? You might like my music
    117. Re:How about an investigation by Anonymous Coward · · Score: 0

      well lookeee here, teh grand pontiff and master rock St4R himself is musing his wise words of wisdom to all around him. watch as humans of all races and creeds, animals and the wind moon and stars gather around his lordship and listen to his awesome powerful speaking. it makes one want to cry in love.

    118. Re:How about an investigation by BOFHelsinki · · Score: 0

      The funniest part is, everybody (browsing at less than 1600x1200) now has to scroll sideways all the time because all unbroken text just goes on and on to the right...

      But the conversation was enjoyable to watch. Calm, rational explanations against semi-desperate trolling. The troll's attempts at an "elevated" style towards the end were the real kicker -- I fell of my chair laughing. Can we have some more? (If the troll player did that on purpose, it's some of the best forum acting I've ever seen. If not, um, nevermind. Which was it?)

      Well, maybe we all better go now. Never been so far right before. Downright scary ;-)

    119. Re:How about an investigation by Anonymous Coward · · Score: 0

      Dear Lord, sonny, you might argue otherwise but this is the worst case of YHBT ever seen on /.

    120. Re:How about an investigation by h8macs · · Score: 1

      WindowsXP built on 2000/NT/Unix technology!

      For those that would dispute this go to a still functioning NT4.0 box and open up a cmd window and type "ls". Hmmm must be a Microsoft proprietary command eh.

      -

      --
      :-( --- argh. Despair, I owe again. :-b
    121. Re:How about an investigation by strike2867 · · Score: 1

      Microsoft has been releasing Windows code to specific partners. Most recently they were going to release Longhorn code. Look it up on Neowin.

      --

      Vote for new mod!!! Score:-2,Imbecile
    122. Re:How about an investigation by Overly+Critical+Guy · · Score: 1

      When did I say I would ignore? Oh, that's right, you're just an AC posting nonsense. One of my followers. My posse.

      --
      "Sufferin' succotash."
    123. Re:How about an investigation by Overly+Critical+Guy · · Score: 1

      Well, then your experience is obviously that of socially devoid situations.

      Meanwhile, yes, Virginia, there are people who are immature.

      --
      "Sufferin' succotash."
    124. Re:How about an investigation by gormanly · · Score: 1

      How about $8,000,000 worth of evidence this quarter alone?

      Plus the money Microsoft gave them last quarter...

    125. Re:How about an investigation by Anonymous Coward · · Score: 0

      It takes one to know one, nyah nyah nyah!

      No one is quite as immature as you, Mr. Guy.

    126. Re:How about an investigation by surprise_audit · · Score: 1
      Did Linus have anything to do with the IBM contract?
      I imagine SCO want to put Linus on the stand so their lawyers can ask loaded questions that make it look like he supports software piracy.

      Which brings to mind a question: suppose that Linus went off a couple of days ago for a 12 month sabbatical in the Australian Outback? If SCO's attack lawyers can't prove he knew about the subpoena, would he still be in contempt of court (or whatever) if he didn't show up?

      IANAL, obviously - I'm just curious if someone can get in legal trouble for successfully avoiding the process server...

    127. Re:How about an investigation by Anonymous Coward · · Score: 0

      I take umbrage at the insinuation that the trolling was desperate. If you need to get into a citadel one must needle at every single stone in the wall hoping for a weakness. Luckily, that needling produced a warmer/colder response.

      I was happy to change my style and try to goad others and the original target back into the thread.

      I am still sickened by the 90% factor of GNU/Linux, which means the kippies [kiddy hippies] never finish anything and then pander this unfinished product as a real replacement to commercial UNIX and other serious pieces of software that put discipline, coherency, documentation and characterize ability above scheduler improvements for Mozilla while building and mouse movements while building, cheesy hacks to facilitate foul hardware, etc.

      To the open communities, you have commoditized something and in doing so you have sabotaged your own compensation schedule. Now the Darwinism begins, you better hope your development projects are real, complex and capital intensive. The kippies already ate all the low hanging fruit and showed dirt farmers and Chinks how to cook the secret recipe.

      Self deprecation and self effacement are always painful to watch, as people scream about something being the right ideology and screw themselves into poverty and obscurity.

    128. Re:How about an investigation by Anonymous Coward · · Score: 0

      i see you dont reply. you cant. because you are wrong. i successfully replied to you and the gestapo came and moderated me down. you did that. you lobbied the waffen shuttzstauffel SS to come to me and fuck me over because you are a totalitarian ass that cant take real competition, you have to eliminate your political enemies in this way, you are being evil. you have also shown to be a repeat offender.

    129. Re:How about an investigation by Anonymous Coward · · Score: 0

      No he hasnt I was talking to him in a sane, rational way. You chastize and castiage him for NO REASON. Why are you like this? I think you probably have a greased yoda doll shoved up your ass.

    130. Re:How about an investigation by NanoGator · · Score: 1

      There was 2 of you?

      --
      "Derp de derp."
    131. Re:How about an investigation by anthonyrcalgary · · Score: 1

      MS almost certainly has Linux computers around if only for annalysis of the competition. Also, companies they've bought out probably have Linux computers around.

      They probably made the decision because it props up SCO, I don't dispute that, but they're not just pulling it out of thin air.

      --
      When someone might yell at me, it has to be OpenBSD.
    132. Re:How about an investigation by Frobnicator · · Score: 1
      Did Linus have anything to do with the IBM contract?
      Not to the contract, but to the contract violation.

      SCO is claiming that IBM's material made it into Linux. Linus has the final say as to what makes it into the kernel. While he might not be related to the IBM contract, he is related to the court case, since he has final responsibility for the management of the source code.

      If it helps, think of it as questioning the people who designed a vault after somebody broke in to a bank. They probably have some useful information. Granted, they have no connection with the potential crime, but they are related to the items being investigated.

      But I don't see the connection with his employer. Oh well.

      frob

      --
      //TODO: Think of witty sig statement
  2. I like the saying... by Mercaptan · · Score: 5, Funny

    "When the elephants fight, it is the grass that suffers."

    --
    -- "Sucks to your ass-mar"
    1. Re:I like the saying... by Anonymous Coward · · Score: 0

      HAHAHAHAAHHAHAHA

    2. Re:I like the saying... by Anonymous Coward · · Score: 0
      Is that the same as:


      If there is grass in the outfield then play ball?

    3. Re:I like the saying... by pavon · · Score: 4, Funny

      Funny you should mention elephants. The first thing I thought of when I saw this article was "time to queue the Barnum and Bailey music".

      Maybe slashdot could play is as a midi in the background of all the SCO articles; that would rock :)

    4. Re:I like the saying... by swordboy · · Score: 1

      The problem here is not of the elephant magnatude: even after SCO's stock running up, they are still a puny company that could easily be assimilated by IBM or any other blue chip company (which is exactly what they want and the only reason that I haven't shorted the stock).

      It is more like a fly bothering an elephant. If it would just sit still for a second, the elephant would crush it.

      --

      Life is the leading cause of death in America.
    5. Re:I like the saying... by JackHart · · Score: 1

      I'm glad to see you can quote the flavor text of a Magic Card. Bravo, you are officially geek.

    6. Re:I like the saying... by buffer-overflowed · · Score: 1

      Actually it's an African proverb.

      Wow, man, you thought an african proverb was originated as the flavor text for a Magic Card.

      If I am a geek, and the grandparent is a geek, then you are our king. ;)

      --
      The key to the enjoyment of pop music is to replace any instance of "love" with "C.H.U.D."
    7. Re:I like the saying... by On+Lawn · · Score: 1


      "Entry of the Gladiators" by Julius Fucik (1872-1916)

    8. Re:I like the saying... by Mercaptan · · Score: 1

      Heh, I do hazily remember that card, but I first read this proverb somewhere else.

      --
      -- "Sucks to your ass-mar"
    9. Re:I like the saying... by molarmass192 · · Score: 1

      It's possible, they don't have much debt and still have a customer base that some would see as valuable. The one major drawback is the IBM patent infringement lawsuits. $50 million is going to be a mere down payment on the fine if IBM wins those suits. Company's with pending litigation of that kind of magnitude do not make good takeover targets.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    10. Re:I like the saying... by molarmass192 · · Score: 1

      before some grammar Nazi comes along ...

      :s/Company's/Companies

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    11. Re:I like the saying... by FortKnox · · Score: 1

      I hope that wasn't geared as an insult, cause you're the one that knew the magic card well enough to recognize it (sounds more like a proverb that wizards of the coast nabbed for a magic card blurb).

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    12. Re:I like the saying... by linzeal · · Score: 1

      I was thinking more along the lines of a musical jokeas it is easier to actually play this wrong than to play it right. Only SCO would do something so obviously disastrous to even think of as this. SCO is a genius insofar as it will surround itself with all it's enemies before likely plunging in the dagger itself.

    13. Re:I like the saying... by Anonymous Coward · · Score: 0

      If there is grass in the outfield then play ball?

      SCO: If it bleeds, it breeds.

    14. Re:I like the saying... by zephc · · Score: 4, Funny

      just play this looped while you read thru the story ;)

      --
      "I would say that 99 per cent of what my father has written about his own life is false." - L. Ron Hubbard Jr.
    15. Re:I like the saying... by Austerity+Empowers · · Score: 1

      I believe this is also known as "Thunder and Blazes".

      I'm looking for a ring tone on my cell for this song ;)

    16. Re:I like the saying... by On+Lawn · · Score: 1


      I think it is also. Its odd that a song that has such martial overtones (it was used by the German Army even) is to us, circus music.

    17. Re:I like the saying... by stoolpigeon · · Score: 1

      On a side note - great sig.

      I often quote that myself but out loud and usually it just gets me odd looks. It's not like Lord of the Flies is that obscure. Just about everybody has read it. And how can you not get that great quote stuck in your head?

      I feel a little less odd seeing that someone else appreciates it.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    18. Re:I like the saying... by jazman_777 · · Score: 1
      before some grammar Nazi comes along ...

      come on, cut some slack. Many people here were educated in the government school systems throughout the US. They're doing the best they can do.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    19. Re:I like the saying... by Viking+Coder · · Score: 1

      Thanks. I loved reading that description.

      I admit that I enjoy the fictitious character from Milos Forman's "Amadeus" more than the true Wolfgang Amadeus Mozart.

      But I like to think that maybe Forman and Peter Shaffer got it right. That Mozart really was an uncomparable genius with music. That maybe he posessed a greater understanding of music than any before or since.

      It's like - think of an obfuscated C programming contest. That's what I think "A Musical Joke" was for Mozart.

      But like I said, I honestly enjoy the fiction more than the probable truth - he was just messing around, and put in a few clever tricks.

      --
      Education is the silver bullet.
    20. Re:I like the saying... by cperciva · · Score: 1

      s%s/Company's/Companies%s/Company's/Companies/%

      You forgot the terminating slash.

    21. Re:I like the saying... by Anonymous Coward · · Score: 0

      "...time to queue the Barnum and Bailey music".

      And now it is time to CUE the chirping crickets, moron.

    22. Re:I like the saying... by Anonymous Coward · · Score: 0

      Didn't that come from a Magic card?

    23. Re:I like the saying... by Anonymous Coward · · Score: 0

      Its odd that you have no idea what you are talking about but you still open your mouth. Check your facts before you start spouting off, MORON!

      Peace!

    24. Re:I like the saying... by Tassleman · · Score: 1

      For SCO, I think the Benny Hill Theme would be more appropriate.

    25. Re:I like the saying... by orthogonal · · Score: 1

      Funny you should mention elephants. The first thing I thought of when I saw this article was "time to queue the Barnum and Bailey music".

      I was thinking John Philip Sousa's Liberty Bell March, better known as the theme music to Monty Python's Flying Circus.

      Each to his own. ;)

    26. Re:I like the saying... by Tuross · · Score: 1

      *rofl*

      How about:

      Anything you can do, SCO can do also
      SCO can do anything anyone else does
      Can they code?
      No they can't
      Can they sell?
      No they can't
      Can they litigate?
      Yes they can, Yes they can!

      SCO can get SMP just as soon as Linux does
      They can implement a journaled filesystem after IBM
      Even inflate their stock prices
      To pump and dump?
      Of course
      That's what I thought

      [...]

      --
      Matt
      1. Read Slashdot
      2. ???
      3. Profit
    27. Re:I like the saying... by cybercomm · · Score: 1

      Why wouldn't the spokesman know what was going on?" asked one CIA analyst. "It's his job. But it's little clues like this that give us a suprisingly good idea of what's going on in Utah

      Hell even CIA seems to think this is insane. Althought where they tie into this while mess confounds even me.

      --
      Live for the present, learn from the past, and dream of the future!
    28. Re:I like the saying... by Anonymous Coward · · Score: 0

      you got to get to them before the hair does.

    29. Re:I like the saying... by Anonymous Coward · · Score: 0

      SWEET!!! I added it to my bookmarks for reading analyst reports and benchmark-based reviews. Thanks a million.

    30. Re:I like the saying... by sakeneko · · Score: 1
      Funny you should mention elephants. The first thing I thought of when I saw this article was "time to queue the Barnum and Bailey music".
      Maybe slashdot could play is as a midi in the background of all the SCO articles; that would rock :)

      Ringling Brothers, Barnum & Bailey Circus was founded in 1871, a good eighty years before rock music. Maybe it would ragtime instead? ;>

    31. Re:I like the saying... by DrWhizBang · · Score: 1

      Do you mean the midi should be looped, or do you mean that I should be looped?

      --
      Schrodinger's cat is either dead or really pissed off...
    32. Re:I like the saying... by 3Cats · · Score: 1

      ..great fucking synchronicity. Someone just emailed me that wav file this morning, based on a conversation that that should be a corporate theme song today.

      *shiver*

      3C

    33. Re:I like the saying... by Mercaptan · · Score: 1

      Heh, I totally agree.

      But maybe, "Kill the beast. Cut his throat. Spill his blood" is catchier for some people. Though it says something about whether you identify more with Ralph or Jack.

      --
      -- "Sucks to your ass-mar"
    34. Re:I like the saying... by MyHair · · Score: 1

      Maybe slashdot could play is as a midi in the background of all the SCO articles; that would rock :)

      There's bound to be a CSS and/or Mozilla option to do this independently of Slashdot. :)

    35. Re:I like the saying... by Crazy+Eight · · Score: 1
      But I like to think that maybe Forman and Peter Shaffer got it right. That Mozart really was an uncomparable genius with music. That maybe he posessed a greater understanding of music than any before or since.

      You make it sound like the fiction in "Amadeus" includes his genius. I can't think of any cannonized composer who worked like Mozart. Beethoven layered blank staff paper so the score could (physically) put up with his erasure. He rewrote the Hallelujah Chorale nearly 200 times. Mozart didn't just go straight to the score without intervening sketches, he went straight to writting out the individual musician's parts, then to the conductor's score after having the composition fully worked out in his noggin. IIRC, he wrote 3 symphonies in a month (39-41). The guy really was an extreme savant.

    36. Re:I like the saying... by heathcaldwell · · Score: 1

      Theme-BennyHill.mp3

      I case anyone was interested.

      -Heath

    37. Re:I like the saying... by Mr.+Slippery · · Score: 1
      Many people here were educated in the government school systems throughout the US. They're doing the best they can do.

      I'll take a school controlled by the local government over a church-controlled school any day.

      That's true both politically and academically. I received a better education in Baltimore County's public schools than others my age who went to the local Catholic schools. This was from the mid-1970s to the late 1980s, the situation may (or may not) be different now.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    38. Re:I like the saying... by Anonymous Coward · · Score: 0

      According to the other posters, you fail it.

    39. Re:I like the saying... by Anonymous Coward · · Score: 0

      thanks for posting a Gator infested link, moron. Looks like somebody needs to re-take Geek 101.

    40. Re:I like the saying... by heathcaldwell · · Score: 1

      Sorry. I don't really understand what you mean. Do you mean there were popups? Sorry. I forgot people still use browsers with popups enabled. I didn't even notice if that was the case. Seriously, let me know what you mean so that I can refrain from doing it again.

      -Heath

    41. Re:I like the saying... by palfreman · · Score: 1
      Weird. In England about a third of state schools are church controlled. Not just for the government operated Anglican Church either - there are probably as many Catholic state schools as Anglican, and there are also state schools for other Christian denominations, as well as Jewish state schools. There are some Muslim state schools just about to open too. This happens *while* the school is still a government operated/tax-funded school.

      Northern Ireland goes even further. Thhere are basically no secular schools there at all, or none I've ever heard about. Every state school has a religious affiliation. Northern Ireland is regarded has having by far the highest educational standards in the UK, and in England the religious state schools are always the most popular and get the best results (of the government school system). Most parents prefer to send their children to *any* religious school as a consequence, even when it doesn't represent their own religion.

    42. Re:I like the saying... by dipipanone · · Score: 1

      Why did you feel the need to follow the link? If you wanted to hear the mp3, why didn't you just save the file to your desktop?

      "Looks like somebody needs to re-take Geek 101"

      Indeed.

    43. Re:I like the saying... by Flaming+Death · · Score: 1

      If they could wear ripple soled shoes, itd give the ants a 50/50 chance...

    44. Re:I like the saying... by gorilla · · Score: 1

      Sorry, Ragtime dates from the late 1800's. The most common 'offical' starting date is 1895, when the first rag 'You've Been a Good Old Wagon' was published by Ben Harney. There were non-published rags a few years before that, but never any earlier than the 1880's.

    45. Re:I like the saying... by Viking+Coder · · Score: 1

      I'm an idiot savant with no special abilities.

      Well, like I said, I like to think that he could see through to structures in music that most of us can't even imagine.

      Can you imagine what hearing the amateurish music of others must have been like for him? Imagine reading buggy, poorly written COBOL all of the time.

      *shrug* Like I said, I know for more about "Amadeus" than I do about Mozart. And I put that character into a little Good Will Hunting box in my head, and it's entertaining for me to think about. I really should respect the actual musician Mozart more - but I haven't got the time to dedicate myself to his study - or the musical talent to really appreciate his work.

      --
      Education is the silver bullet.
    46. Re:I like the saying... by openbear · · Score: 1

      Maybe slashdot could play is as a midi in the background of all the SCO articles; that would rock :)

      Let me mention my favorite saying ...
      "If I want your website to make noise, I'll lick my finger and rub it across my monitor"
      :-)

    47. Re:I like the saying... by Anonymous Coward · · Score: 0


      Cute. Its not every day that a post illicits such shear vitriol. And then "Peace", That made my day...

    48. Re:I like the saying... by ArsonSmith · · Score: 1

      I was thinking something more allong the lines of a Benny Hill Credits chase.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  3. Oh yay by grub · · Score: 4, Funny


    Swell, Stallman will be rocking in his chair, picking fleas from his beard and muttering "GNU/SCO.. GNU/SCO.. GNU/SCO.." It's like a strawman argument against the millions of free software users..

    --
    Trolling is a art,
    1. Re:Oh yay by bobthemuse · · Score: 1

      I'm just waiting for GNUSCO.com to be registered by Stallman.

      ... and the clash of the lawyers continues...

    2. Re:Oh yay by DaveAtFraud · · Score: 2, Funny

      I have this vision of an SCO lawyer trying to question Stallman about "Linux" and not calling it "GNU/Linux" and Stallman just keeps reapeatedly correcting the SCO lawyer with, "If you mean GNU/Linux..." to the point that the SCO lawyer says something like "GNU/Unixware." That would be priceless.

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    3. Re:Oh yay by BOFHelsinki · · Score: 0

      I fell of my chair laughing at the mental image of that. Thanks, you made my day :)

  4. RMS will demand that the subpoena be GPLed by Anonymous Coward · · Score: 0

    I bet RMS won't submit to this --- unless the results of the subpoena are GPLed!

  5. sad but fun by selderrr · · Score: 2, Funny

    for us europeans, the US legal system is like a free TV channel : mostly crap, but sometimes a true gem is broadcasted.
    On the other hand, i feel for those who live in it

    1. Re:sad but fun by pixelgeek · · Score: 0, Offtopic

      >> for us europeans, the US legal system is like
      >> a free TV channel : mostly crap, but sometimes
      >> a true gem is broadcasted.

      Which I think is an unintentional comment on /. given the previous comment about Stallman picking fleas from his beard.

    2. Re:sad but fun by pmz · · Score: 5, Funny


      Well, we do get our share of laughs making fun of European royal familes, so it probably balances out.

    3. Re:sad but fun by Wah · · Score: 2, Funny

      Where is this 'Europe' you speak of?

      I thought it was part of Las Vegas?

      --
      +&x
    4. Re:sad but fun by Anonymous Coward · · Score: 0

      In a positive/negative, east/west side of the Atlantic sort of way?

    5. Re:sad but fun by JoeBuck · · Score: 5, Informative

      Don't worry, European courts have produced plenty of whoppers of their own -- German lawyers going on trademark jihads concerning trademarks they don't even own (Mobilix); British courts making it illegal to tell anyone that some servant saw Prince Charles and another man doing the nasty (whoops, now Slashdot will have to be banned in the UK!); French courts ruling that Google can't let a competitor use the AdWords feature to attach an ad to a search that mentions a competitor's name -- I could go on and on.

    6. Re:sad but fun by Belegothmog · · Score: 1

      I am glad that you recognize it for what it is -- a "legal system." There are many who still mistakenly call it a "justice system" which it no longer is.

    7. Re:sad but fun by phrostie · · Score: 1

      It looks the same from this side(US) as well.
      i guess the distance makes it all a little more humorus.
      just remember, the EU is headed down the same path. patents and all.
      we just had a head start.

    8. Re:sad but fun by TedTschopp · · Score: 1

      For us American's, our legal system is like a free TV channel: mostly crap, but sometimes a true gem is broadcasted. On the other hand, please pitty us.

      --
      Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    9. Re:sad but fun by NickFitz · · Score: 2, Funny

      Ah, but we make fun of our royal family (in the UK, at least), so we're still ahead :-)

      --
      Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
    10. Re:sad but fun by KeyserDK · · Score: 1

      yeah that and the eurovision song contest... if you don't know what is, don't worry. You are better off not knowing...

      --
      still reading?
    11. Re:sad but fun by Anonymous Coward · · Score: 0

      A free tv channel? Actually CourtTV is a cable channel
      (pay channel to europeans). :)

    12. Re:sad but fun by Anonymous Coward · · Score: 0

      Better stock up that gun safe and check all of your tinfoil hats! They'll be coming for you next! Hey, was that a black helicopter?

    13. Re:sad but fun by sqlgeek · · Score: 5, Funny

      Mmm, a condescending European. How novel.

    14. Re:sad but fun by SkunkPussy · · Score: 1

      British courts making it illegal to tell anyone that some servant saw Prince Charles and another man doing the nasty

      whether or not you believe this is true, check the front cover of Private Eye this fortnight, its pretty funny.

      --
      SURELY NOT!!!!!
    15. Re:sad but fun by Belegothmog · · Score: 1

      Ha ha, just serious. The truth of my first statement is the reason I left the legal profession. It has nothing to do with conspiracy theories and everything to do with various parties' desires to be on the golf course by three rather than, god forbid, spend some time figuring out the truth. Truth is inconvenient and time consuming.

    16. Re:sad but fun by Anonymous Coward · · Score: 0

      SCO 3 points

    17. Re:sad but fun by tsatter · · Score: 1

      Uh huh, but we make fun of our legal system, so we're even again. :-)

    18. Re:sad but fun by Anonymous Coward · · Score: 0

      almost as novel as a rightous US citizen....

    19. Re:sad but fun by pmz · · Score: 1

      so we're still ahead :-)

      Okay, what does the US offer that provides as much entertainment as Benny Hill?

    20. Re:sad but fun by Space+cowboy · · Score: 1

      [Huge grin]

      The only "contest" where Ireland eventually fielded a really really crap song to make *sure* they wouldn't win it again (the winners have to host it next year). It costs a fortune to host. It's completely and utterly, without redemption, crap.

      Simon.

      --
      Physicists get Hadrons!
    21. Re:sad but fun by pmz · · Score: 1

      I thought it was part of Las Vegas?

      No, because it's only legal outside the city.

    22. Re:sad but fun by Anonymous Coward · · Score: 0

      Ouch! Touche!

      -- European guy

    23. Re:sad but fun by Anonymous Coward · · Score: 0

      That's funny because us Americans think European political systems are mostly crap.

    24. Re:sad but fun by BESTouff · · Score: 1

      Well, the Georges Bush dynasty is not too bad at that game.

    25. Re:sad but fun by pgarrone · · Score: 1

      The US is such a vast country
      with so much going on that there are a lot of unusual and extreme things, that it probably gets the reputation for being extreme, when its really quite average in most situations.

    26. Re:sad but fun by Charlotte · · Score: 1

      Yes, that is interesting. Can you give some examples of that?

    27. Re:sad but fun by FortKnox · · Score: 1

      Oh yes, when you can't comment, just make fun of the country (especially if you don't live in it). Way to troll.

      And before I get the response, yes, another thing to do when you have nothing to comment is insult others that have nothing to comment. Blah blah blah... (hey, its more fun to insult those that are already insulting than to sit quietly :-P)

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    28. Re:sad but fun by DShard · · Score: 1

      I really think your giving as much attention as the US patent office to the prior art here. Their is quite an extensive list of condescending Europeans to pick from. Hell, France is a whole country for christ's sake. England is still bitter over the whole tea in the harbor and 4 channels of tv thing. Ireland is still ticked about allowing Sinead O'Conner a modicum of success. And Germany is, well, Germany.

    29. Re:sad but fun by pmz · · Score: 1

      Well, the Georges Bush dynasty is not too bad at that game.

      Ouch. Okay...you win.

    30. Re:sad but fun by Anonymous Coward · · Score: 0

      not to be confused with a self-rightous US citizen

    31. Re:sad but fun by Anonymous Coward · · Score: 0

      Yeah, I can. Two letters. EU.

    32. Re:sad but fun by chromatic · · Score: 1

      We have an entire cable channel dedicated to weather!

    33. Re:sad but fun by beebware · · Score: 1

      It's out already? Cool - cheers for the reminder: my subscription "lapsed" with the last issue (the Burrell cover just as the Tory party vote was starting) - I'll have to grab a copy (I always let my subscription lapse as that way I get larger discounts/offers to renew).

    34. Re:sad but fun by Austerity+Empowers · · Score: 2, Insightful

      Our legal system, particularly our CIVIL legal section is very heavily based upon the British legal system.

    35. Re:sad but fun by Anonymous Coward · · Score: 0

      The irony. I can think of a country where the president is the guy who didn't get the most votes.

    36. Re:sad but fun by Anonymous Coward · · Score: 1, Funny

      Left the legal profession my ass. You haven't even left your parent's basement. Watching non-stop Law and Order does not mean you are a lawyer you know. It's just TV.

    37. Re:sad but fun by Obyron · · Score: 1

      The Revolutionary War. The War of 1812. The Spanish American War. The First World War. The Second World War...

      --
      --Obyron
    38. Re:sad but fun by proj_2501 · · Score: 1

      technically, that's libel and defamation. you shouldn't to be able to tell lies about anyone anywhere.

    39. Re:sad but fun by Anonymous Coward · · Score: 0
      Well, we do get our share of laughs making fun of European royal familes, so it probably balances out.

      Hmm - families That's plural, and you know one story.

      Can you come up with one juicy story about the royal family in Belgium, Denmark, Norway, Spain, Sweden or The Netherlands (I leave out Greece in this list)?

    40. Re:sad but fun by Talence · · Score: 4, Funny

      And your language is very heavily based upon the British langauge ;-)

      --
      I plan to plan / Dutch course in The Hague
    41. Re:sad but fun by Anonymous Coward · · Score: 0

      While we're making completly irelevent connections between two utterly unconnected things, let me just say: Banana

      That is all.

    42. Re:sad but fun by Anonymous Coward · · Score: 0

      I don't recall the U.K legal system allowing you to subpeona totally unrelated third parties in a contract dispute case.

      I'm going to sue a small second hand car dealer and subpeona Bill Gates, George W. Bush and Superman.

    43. Re:sad but fun by rgmoore · · Score: 1
      which it no longer is.

      Nope. If you want to complain that it's no longer a "justice system" you'd have to prove that it used to be one. Most of the complaints about the legal system- that it gives too much advantage to people with deep pockets, that it lets people sue with little or no cause, etc.- have always been true. At the same time, the current system is clearly better in some respects; a good example is the ability of racial minorities to get a fair trial.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    44. Re:sad but fun by cosmo7 · · Score: 1

      Left the legal profession my ass. You haven't even left your parent's basement. Watching non-stop Law and Order does not mean you are a lawyer you know. It's just TV.

      You really should give people the benefit of the doubt; you don't know whether he was a lawyer or not. Assuming that someone is lying without any evidence to the contrary is simply unkind.

      You remind me of someone I once had a long swordfight with before pushing them into a volcano.

    45. Re:sad but fun by Anonymous Coward · · Score: 0

      "Denmark is such a looser country.
      Full of fat, slow and stupid people."

      And yet, even if you accept that as true (which I don't), they could probably spell 'loser' correctly, even though it's not their native tongue. So what does that make you ?

      Prat.

    46. Re:sad but fun by gotw · · Score: 1

      Ah, but we make fun of our royal family (in the UK, at least), so we're still ahead :-)
      Yeah, we make fun of them, but we pay for them too.
      Ouch

    47. Re:sad but fun by the_real_tigga · · Score: 1

      Sounds British...

      --
      my .sig is better than yours.
    48. Re:sad but fun by pmz · · Score: 1


      Ah, but the Europeans have a choice of both cheese and/em snow!

    49. Re:sad but fun by Anonymous Coward · · Score: 0

      Which no one could ever mistake for a self-righteous AC language correction post.

    50. Re:sad but fun by SiliBelgian · · Score: 1

      At the same time, the current system is clearly better in some respects; a good example is the ability of racial minorities to get a fair trial.

      They don't always get a fair trial!
      Only when they are filthy rich and have little or no cause to sue or be sued...

      --


      "Hell hath no fury like a hippo with a machine gun."
    51. Re:sad but fun by zpok · · Score: 1

      "I could go on and on."

      Please do, I was rather enjoying this.

      A note to Europeans: if you want to criticize anything US, say you live there, own three guns and drive a huuuuge SUV - which you can't drive since you're working all the time.

      --
      I think, therefore I am...I think.
    52. Re:sad but fun by corbettw · · Score: 0, Troll

      It's only libel if it isn't true, and it can only be defamation of character if you have a character to defame. ;)

      Here in the States, we have a law that famous people can be mocked and pilloried ad nauseum, and there's fuck all they can do about it. I'm surprised the UK doesn't have something similar (though to be true, this isn't about a satirical newstory, so doesn't quite fall under that catagory).

      --
      God invented whiskey so the Irish would not rule the world.
    53. Re:sad but fun by Lord_Byron · · Score: 3, Informative
    54. Re:sad but fun by Lord_Byron · · Score: 1

      Yeah, but we make fun of our politicians(any newspaper editorial page), our famous rich (the Anna Nicole Smith show, and our legal system. You did know the OJ trial was a staged farce, right?

    55. Re:sad but fun by Tadu · · Score: 1
      French courts ruling that Google can't let a competitor use the AdWords feature to attach an ad to a search that mentions a competitor's name
      And that's supposed to be a wrong decision... why? What Google was doing is as sleezy as Gator merging ads for competitors into companies web pages. It's unfair competition, plain and simple (no, I'm not French).
    56. Re:sad but fun by marcello_dl · · Score: 1

      "British courts making it illegal to tell anyone that some servant saw Prince Charles and another man doing the nasty (whoops, now Slashdot will have to be banned in the UK!)"

      Not if you say that his name is "Camilla".

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    57. Re:sad but fun by Anonymous Coward · · Score: 0

      for us europeans, the US legal system is like a free TV channel : mostly crap, but sometimes a true gem is broadcasted.
      On the other hand, i feel for those who live in it.


      You Europeans just frickin' invented humor didn't you? Like I'll bet the guy who invented the ol' banana-peel schtick was from Belgium or something. As long as he bought that banana by the kilo; otherwise he'll have some 'splainin to do.

    58. Re:sad but fun by TiggsPanther · · Score: 1
      Our legal system, particularly our CIVIL legal section is very heavily based upon the British legal system.

      And how exactly is this going to stop us Brits from demeaning the US legal system?
      (Seeing that a lot of us think our own Legal System is crap anyway)

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
    59. Re:sad but fun by caluml · · Score: 1

      Check out this trippy shit from Radio 4 on Thursdays at 23:00. It's got matey from "The Office" in it. Sometimes it's very funny.

    60. Re:sad but fun by caluml · · Score: 1

      To hear something quintessentially British, you are hereby licenced to listen to the following. Marmite, toast, tea, and the shipping forecast.

    61. Re:sad but fun by Fembot · · Score: 1

      Yeah but the really sad thing is the whole world except the UK knows what those damm allegations were, but we cant find out cos no one here is prepared to publish them with that stupid censorship order in place!

    62. Re:sad but fun by JoeBuck · · Score: 1
      The French decision is anti-free-speech and favors big companies over small companies. Why shouldn't lesser-known companies be able to buy an ad that alerts potential customers to the fact that the dominant player has competition? Similarly, consider generic drugs. If people selling the cheap drug can't let people searching by brand name that there is a cheaper alternative, this punishes the customer and props up a monopoly.

      Besides, trademarks are overloaded. According to French logic, Apple Computer could stop an apple grower from placing an ad connected to the word "Apple" because it is a trademarked term.

    63. Re:sad but fun by Anonymous Coward · · Score: 0

      I don't see how advertising is speech. I also don't see how a trademark that is restricted to information technology can be used against someone who sells fruit. Of course you know that with every trademark there goes a category.

    64. Re:sad but fun by Aussie · · Score: 1

      The US is such a vast country

      But the rest of the world views the US via the media and US television. You must understand that it looks pretty silly from our POV.

    65. Re:sad but fun by Tadu · · Score: 1
      The French decision is anti-free-speech and favors big companies over small companies.
      No, it doesn't. You keep forgetting that free speech doesn't mean that you can say everything in every situation. Also, free speach is about political speech, which this clearly isn't. And, in fact, allowing anti-competive ads would favour big companies because small ones couldn't affort as much of those anti-competive ads as big ones.
      Why shouldn't lesser-known companies be able to buy an ad that alerts potential customers to the fact that the dominant player has competition?
      They can. Just not when the user searches for their competition, because if they search for their competition, then that's what they want. Nobody hinders them from doing ads on what they want, but if they enter a brand, then that's what they're supposed to get.
      Similarly, consider generic drugs. If people selling the cheap drug can't let people searching by brand name that there is a cheaper alternative, this punishes the customer and props up a monopoly.
      a) if the consumer is too brain dead to search for generic terms, he gets what he deserves b) you forget that you can't buy drugs over the internet everywhere on the world (whether this is good or bad is highly debatable).
      Besides, trademarks are overloaded. According to French logic, Apple Computer could stop an apple grower from placing an ad connected to the word "Apple" because it is a trademarked term.
      I like trademarks no more than the next guy, but your statement is factually wrong and has no connection to the issue at hand.
    66. Re:sad but fun by Anonymous Coward · · Score: 0

      Yeah, and that country is a REPUBLIC you clueless baboon.

    67. Re:sad but fun by Anonymous Coward · · Score: 0

      Hmm, strange how famous/public people in the US are essentially considered to have less of a right to dignity and privacy than the unwashed masses. And who gets to decide if you're famous enough to be able to sue or not. I recon the UK system of offering equal protection across board works much better; an untruth/defamatory statement is untrue/defamatory regardless against whom it's uttered though I do suspect the rich/famous may well have thicker skins or care more about their reputation and public image/standing.

    68. Re:sad but fun by BOFHelsinki · · Score: 0

      In Britain the weather channel might just as well send static all day.

      "Oh, rain today. No, fog, after all. Blimey."

    69. Re:sad but fun by dipipanone · · Score: 1

      Yeah but the really sad thing is the whole world except the UK knows what those damm allegations were, but we cant find out cos no one here is prepared to publish them with that stupid censorship order in place!

      And everyone *knows* that the internet doesn't reach the UK yet.

      In case you're still wondering, Charles purportedly buggered the butler.

      Personally, I think it's good to see our Royal Family upholding the old traditions in this manner.

    70. Re:sad but fun by dipipanone · · Score: 1

      You really should give people the benefit of the doubt; you don't know whether he was a lawyer or not.

      Come on. What are the odds that anyone gave up billing hundreds of dollars an hour in order to sit and wade through this twaddle?

      Assuming that someone is lying without any evidence to the contrary is simply unkind.

      I think there *is* evidence, but it's circumstantial.

    71. Re:sad but fun by BOFHelsinki · · Score: 0

      Indeed, why is it always USA as the target for criticism? Can't everybody sneer at Finland instead? Over here we are very jealous and would like some extra attention.

      And please consider a holiday in Finland instead of Sweden.

    72. Re:sad but fun by dipipanone · · Score: 1

      You Europeans just frickin' invented humor didn't you?

      Pretty well, yes. Remind me, what sort of humour was coming out of America when Chaucer wrote Canterbury Tales?

  6. Finally! by Anonymous Coward · · Score: 1, Funny

    This WWF match between IBM and SCO is getting good. IBM has sent the crack fiends into a rage.

    1. Re:Finally! by Anonymous Coward · · Score: 0

      What does the world wildlife foundation have to do with SCO and IBM?

    2. Re:Finally! by Anonymous Coward · · Score: 0

      I think he meant the WWE, which we all know is real.

    3. Re:Finally! by Anonymous Coward · · Score: 0

      The WWF couldn't dream of booking like this. How many of us are sleeplessly waiting for the big payoff: SCO vs IBM in a STEEL CAGE!

    4. Re:Finally! by mhesseltine · · Score: 1

      Acutally, with 6 competitors, the Elimination Chamber would be more appropriate.

      Yes, I'm a geek who enjoys watching professional wrestling. No, I don't think it's real. Yes, I understand that it's scripted and choreographed.

      --
      Overrated / Underrated : Moderation :: Anonymous Coward : Posting
  7. Bruce Perens by Anonymous Coward · · Score: 3, Funny

    I bet ol' Brucie is pissed that he's not considered a "big name in Linux" by SCO.

    1. Re:Bruce Perens by Anonymous Coward · · Score: 1, Funny

      Heck if we're talking about those who must feel slighted at this news it wouldn't do to leave out our pal ESR once again. Maybe he can crochet an official "hacker" sweater for Linus to wear on the stand.

  8. Courtroom Drama?? by bacon-kidney-pie · · Score: 5, Funny

    Lawyer: Mr Stallman, can you explain what GNU is? Stallman: Gnu's Not Unix
    Lawyer: Yes, Mr Stallman, but can you please answer the question.
    Stallman: Gnu's Not Unix
    ad infinitum.

    1. Re:Courtroom Drama?? by wed128 · · Score: 2, Funny

      Lawyer: Mr Stallman, What part of Linux did you provide work in?
      Stallman: It's GNU/Linux dammit! Linux just jumped in HURD's shoes! I never meant it, I swear!

    2. Re:Courtroom Drama?? by Anonymous Coward · · Score: 5, Funny

      thanks for not making YET ANOTHER STUPID JOKE about GNU/Linux.

      so I will:

      Lawyer: now, this linux operating system that you wrote...

      RMS: excuse me. Linux is a kernel, not an operating system. if you refer to a Linux-based operating system you should call it GNU/Linux. Also, I didn't write it, I wrote a text editor, a make system, part of a C library, and some other programs.

      Lawyer: right, the new Linux, is that different than the old one?

      RMS: not "new" Linux, GNU/Linux .. Guh-Noo Linn-Ucks. Also, I didn't write the Linux kernel, that guy over there did.

      Lawyer: Okay forget that.. Mr Stallman, when is the last time you bathed?

    3. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      didnt think that was that funny til I got to the last line. mod that one up :D

    4. Re:Courtroom Drama?? by Otter · · Score: 4, Interesting
      Prediction:

      If Stallman makes it into a courtroom he'll wind up with a contempt of court charge against him. I wonder if he can resist pulling his "I'm sorry, I don't know what you're talking about." or "I won't answer unless you ask the question with my preferred terminology." when an attorney uses "free" and "open-source" interchangeably or refers to the "Linux operating system.

      In fact, if I were an SCO lawyer I'd definitely bait him until the judge sanctioned him.

    5. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      precision is good in a courtroom.

      what if you were on the stand for murder (killing a guy with a baseball bat, let's say) and the lawyer asked you about the "golf club"? you'd sit there quiet and hope your lawyer objects, or you'd say, "excuse me, I don't know about any golf club".

      I hope when stallman gets up there (if he does), he is completely nit-picky about everything. The lawyer is MORE nit-picky than stallman or any computer geek, so you know if the lawyer confuses copyrights and trademarks, or the FSF with Linus, or EULA's with copyright Licenses, he is doing it completely on purpose.

      I hope stallman calmly and patiently undermines any BS like that........

    6. Re:Courtroom Drama?? by the+morgawr · · Score: 1

      Actually he could probably get away with it on the grounds that he wants to be as technically accurate as possible to avoid being accused of perjury.

      --
      The policy of the United States is worse than bad---it is insane. -- Ludwig von Mises, Economic Policy(1959)
    7. Re:Courtroom Drama?? by Anonymous Coward · · Score: 5, Insightful

      You are still operating on the asumption that a SCO lawyer will ever see the inside of a court room for anything other than 1) a bankruptcy hearing or 2) a fraud trial. Too bad too. I would kinda like to see RMS defend the GPL...

    8. Re:Courtroom Drama?? by JabberWokky · · Score: 5, Informative

      Stallman's precision is less than that of most members of the law profession. The legal system is quite used to Stallman's habit of precise definition and preambles of defining semantics before answering. That's how law works, and to a certain extent, is what constitutes law. The phrase "Intellectual Property" pisses Stallman off because it has no meaning, whereas "Patents, Copyright and Trademark", are three seperate concepts. In law, that's so true there are seperate law offices that work for each of the three... and using the phrase "intellectual property" without referring to one of those three in precision will get you laughed out of court.

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    9. Re:Courtroom Drama?? by Otter · · Score: 2, Interesting
      Pedantically correcting the lawyer every time (as if he could possibly NOT do that) would be fine. If he does the deliberately obnoxious shtick he pulls in front of audiences, though, pretending to be confused ("Open....source?") he'd be courting trouble. Also, he knows nothing about Linux kernel development -- SCO is naming solely to get him to make provocative statements and I'm sure they'd try to push all his buttons.

      The AC who responded below is right, though: realistically, the only way SCO is seeing the inside of a courtoom is in a bankruptcy hearing or as defendants in an SEC prosecution.

    10. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      > Mr Stallman, when is the last time you bathed?

      I can't remember, but it was with gnus.

    11. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      In fact, if I were an SCO lawyer I'd definitely bait him until the judge sanctioned him.

      He's spent twenty years dealing with ignorant geeks, witless marketing drones and trolls... an afternoon with a nitpicking lawyer will be a cakewalk.

    12. Re:Courtroom Drama?? by StenD · · Score: 1

      or 3) the oral arguments on IBM's Motions to Compel.

    13. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      If a witness attempts to expand their answer beyond what was asked or is argumentitive he is considered "unresponsive" and the unresponsive comments are not included in the trail record and cannot be used in deliberation by a judge or jury.

    14. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      Stallman pronounces it as "gnu slash linux", not "gnu linux". So your joke is void.

    15. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      You forget that a witness is the least powerful person in court. A judge has the power to turn him on and off like a light bulb.

    16. Re:Courtroom Drama?? by Otter · · Score: 1
      The legal system is quite used to Stallman's habit of precise definition and preambles of defining semantics before answering.

      Precision is great. Deliberate rudeness isn't going to fly, though, and Stallman is extremely fond of it.

      The phrase "Intellectual Property" pisses Stallman off because it has no meaning.

      C'mon, that's like saying that the phrase "violent crime" or "zoning law" has no meaning. But, there you go. If you want to insist on precise legal terminology in court, that's great. Insulting someone who uses a phrase that "pisses you off" is not going to work in a courtroom.

    17. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      >your joke is void.
      I think you meant: your joke is void* .

    18. Re:Courtroom Drama?? by rgmoore · · Score: 5, Insightful

      I strongly suspect that part of the reason that Stallman has such strong views about precision of terminology is precisely because he's been working on the legal side of things for so long. The GPL is as much about hacking the legal system as Linux (err, GNU/Linux) is about hacking computer systems. To create a hack as elegant as the GPL, it's necessary to be pretty well versed in the medium you're hacking, and it seems that a fair bit has worn off on RMS.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    19. Re:Courtroom Drama?? by zpok · · Score: 1

      "Stallman's precision is less than that of most members of the law profession."

      I totally agree. If they put him on the stand, the judge is going to fall in love.

      --
      I think, therefore I am...I think.
    20. Re:Courtroom Drama?? by taustin · · Score: 1

      That sort of thing is very easy to turn back on the lawyer. If they use two terms interchangeably when they're not, you simply ask - every single time - for them to precisely (in legal terms) define each term. If the judge doesn't like it, you just say, "Your honor, I can't answer that question without knowing exactly what he means, and more to the point, without the jury knowing exactly what he means. If I answer without those precise definitions, the jury might come to the wrong understanding of what I'm saying. Since I know that, that would be perjury, wouldn't it? Your honor isn't ordering me to commit felony perjury, are you?"

      I don't know of Stallman is that smart.

    21. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      Sure he is.

    22. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      How about if he has to tell them the URL of slashdot?

    23. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      I think misspelling "separate" is far more laughable.

    24. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      No, he meant "you.jokes[:-1] = None". Sorry C people, you'll have to translate that from Python.

    25. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      That's easy enough to get around. I don't know what gains any lawyer would hope to gain by confusing 'open source' and 'free software' or some other such thing, but all RMS has to do is say "Sorry, could you be more specific?" and explain his 'misunderstanding'.

    26. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      A judge turning RMS on? I don't think I want to see anything like that. I'm selling my tickets to the court case right now.

    27. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      Judge: Hello Mr Chubby Geek! Let me just give you a little tickle... ooo, you like that, don't you?
      RMS: Y... yes your honor
      Judge: So formal! You don't have to be like that sweetums. You can call me George. What's my name?
      RMS: G...g...
      Judge: Say it, bitch!

      No, I don't think I'd like to see that AT ALL.

    28. Re:Courtroom Drama?? by uberdave · · Score: 1

      What about that "the truth, the whole truth, and nothing but the truth" thing that American TV has been telling us for years?

    29. Re:Courtroom Drama?? by Gumshoe · · Score: 1
      Precision is great. Deliberate rudeness isn't going to fly, though, and Stallman is extremely fond of it.


      I'm curious. Please cite a reference when Stallman has been rude.
    30. Re:Courtroom Drama?? by AxelTorvalds · · Score: 1
      That's the beauty of it. He'll be questioned by both sides and SCO will think he's the one that will nail their case shut because he'll be a prick in that way that he can be sometime. At best they'll think he's a nutcase and a pinko.

      The reality is that he's way way way too sharp, he got a McArthur and he's lived at MIT for a couple decades. It's one thing around geeks to try to change their lingo; there is an anarchistic nature in those kinds of crowds, they disagree with you for the sake of disagreement (that's the whole spirit behind BSD anymore.. They've got a big collective chip on their shoulder.) RMS is our ace, they'll get him on the stand thinking he's some hippy radical and he'll nail the fuckers to the wall.

      More importantly, no matter what they may say or try to do, he's a free spirit and free thinker, he simply doesn't give a fuck about them. I don't think they could take him off the topic or trick him.

      FWIW, "free" and "open source" and "libre" and what they really mean is what's coming under the gun here. SCO's attacking the foundation of it all. I'd rather have RMS there to defend the true meaning and spirit of the GPL rather than someone else.

    31. Re:Courtroom Drama?? by penguin7of9 · · Score: 1

      or "I won't answer unless you ask the question with my preferred terminology." when an attorney uses "free" and "open-source" interchangeably or refers to the "Linux operating system.

      I doubt that Stallman would get into any trouble over demanding clarity and precision in the questions put before him. The meaning of such terms is integral to the case, and the judge knows that. In fact, most of SCO's case is built on deliberately trying to confuse the meaning of those terms.

    32. Re:Courtroom Drama?? by rhizome · · Score: 1

      Let's say we agree that "violent crime" means some act of one person against another involving physical injury. Let's also say that we agree that a "zoning law" is a law (we know what that means, right?) that governs what kinds of structures may be constructed on a plot of land. If we're close enough having come this far, what pray tell would you say the term "Intellectual Property" means? I just want to make sure the equivalency you spread out actually measures up.

      --
      When I was a kid, we only had one Darth.
    33. Re:Courtroom Drama?? by abe+ferlman · · Score: 1

      God bless you, I wish I had mod points to spend. The courtroom is about the only place where this distinction makes sense, and the wisdom of it becomes more and more evident as this farce of a case presses on. They'll have a hard time claiming ownership of GNU via Linux when the originator of GNU has been differentiating them for a decade.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    34. Re:Courtroom Drama?? by Tsu+Dho+Nimh · · Score: 1
      "I wonder if he can resist pulling his "I'm sorry, I don't know what you're talking about." "

      On the contrary, if a lawyer is asking vague questions, the witness can ask for a clarification until they are sure they understand what the lawyer wants to know.

    35. Re:Courtroom Drama?? by benedict · · Score: 1

      Lawyers are pretty good about using language
      precisely ...

      of course, if they're baiting him, that means
      they'll be extra good at it.

      --
      Ben "You have your mind on computers, it seems."
    36. Re:Courtroom Drama?? by Otter · · Score: 1
      I'm not quite sure what you're so indignant about but...

      Let's say we agree that "violent crime" means some act of one person against another involving physical injury.

      Well, no, but let's say...

      If we're close enough having come this far, what pray tell would you say the term "Intellectual Property" means?

      I tried to send you to Google but most of the links were pretty bad so I'll give it a shot: intellectual property refers to intangible assets -- ideas or concepts to which one owns the rights. Typically, it is used to distinguish physical assets such as buildings or money from intangible assets like patents or trademarks.

      I just want to make sure the equivalency you spread out actually measures up.

      I get the impression that your cleverness and willingness to argue exceed your sense and my willingnes to argue, so please spare me the nitpicks I don't doubt you can produce. I can come up with some myself. (Is money tangible? Are equities money?) Basically, the question seems to be this: the blanket idea of "intellectual property" is a useful bit of terminology for me and for hundreds of millions of others. If it fails, pray tell, to "actually measure up" to your standards, well, we can live with that.

    37. Re:Courtroom Drama?? by inode_buddha · · Score: 1

      Wish I had mod points for that, +5, insightful any day for that observation. Bummer most ./ers seem to get so hung up on other aspects of RMS. As if his beard has anything to do with what he believes in and stands for.

      --
      C|N>K
    38. Re:Courtroom Drama?? by Stephen+Maturin · · Score: 1

      -- And when the dramatized version comes out, RMS will be played by the Comic Book Guy...

      --
      Non tam praeclarum est scire Latine, quam turpe nescire
      -- Cicero
    39. Re:Courtroom Drama?? by Anonymous Coward · · Score: 0

      "Lawyer: Okay forget that.. Mr Stallman, when is the last time you bathed?"

      That's a hell of a good way to get your case thrown out, or even disbarred.

    40. Re:Courtroom Drama?? by CAIMLAS · · Score: 1

      That tactic is true, but I can see it backfiring on them in two possible ways.

      One, RMS claims (and proves) that he was falsely named, and that there might be some sort of karma dock in the judges' minds (or judge's mind) of SCO's intent, efficiency, and even their basic competency. Possibly he'd claim that he has nothing to do with a Linux operating system. He has dabbled with some userland and libraries for GNU/Linux based operating systems, though. :P

      Two, that RMS might actually get into court on this case, and is able to restrain himself. This would, IMO, be hillarious. He knows the law well, as he's demonstrated, and what's more, he seems to be able to play quite well at the 'lawyer word definition/twisting game'. I think he might be able to act in a civil manner in a court of law, too; we're not talking about some convention or debate, here. We're talking about a court of law. As vigilant as Stallman is about GNU/Linux advocacy from a law perspective, you'd think he'd have the diligency to represent GNU/Linux to the fullest extent possible.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    41. Re:Courtroom Drama?? by LordLucless · · Score: 1

      "In fact, if I were an SCO lawyer I'd definitely bait him until the judge sanctioned him."

      Um, why? Usually when you subpoena someone to appear before a court, it's because you want the judge to hear what they're saying. If they didn't want the court to hear Stallman's testimony, they could have just not subpoenaed him.

      But then again, this is SCO, so I suppose it depends what particular drugs they mainlined before sitting down to figure out their legal tactics.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    42. Re:Courtroom Drama?? by evilandi · · Score: 1
      rhizome: what pray tell would you say the term "Intellectual Property" means

      How about: "Intellectual is to Property as Marmalade is to Spanner" ?

      --
      Andrew Oakley - www.aoakley.com
  9. Re:tsarkon reports on a greased up yoda doll in an by Anonymous Coward · · Score: 0

    How old are you, 10? 12? Does your mommy know you're using the computer?

  10. WHAT!!! by chochos · · Score: 1, Interesting

    OK that's it. They've crossed the line. Now all these subpoenaed people/companies need to get together and plan a really careful counterattack, not just a defense.

    I hope IBM and the other companies will help Linus and Stallman get some big-time lawyers and pay for them too, because I think from here on, things will get real ugly real fast...

    1. Re:WHAT!!! by adrianbaugh · · Score: 2, Interesting

      Yes, because I imagine that so far they've just been sitting on their hands. The need to plan a good counterattack started ages ago - there have even been articles on here where Linus said as much, and I imagine RMS is itching to have his say (whether anyone else is listening or not ;-)). The mere fact that they've been subpoenaed is nothing unexpected (it just means they're compelled to give evidence after all) and nothing that, in itself, requires any more of a "legal counterattack" than was required anyway.

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
    2. Re:WHAT!!! by Bonker · · Score: 1

      Uhm... everything the prosecution could possibly ask for is already public.

      Seriously, the defendant's 'exhibit A' is available for download from any given mirror site or bit torrent client world wide.

      "And where did you get this code, Mister Torvalds?!"

      "From this person here, as I stated in the Kernel comments. It's dated, too. If there's a problem with that particular procedure, I can always replaced it with *this* procedure."

      Linus pulls a CD from his pocket.

      A subpeona does nothing but add negative public opinion. SCO's 'counter' assault doesn't do anything but make a weak attempt to deceive people into beleiving that the lawsuit is not a buyout tactic.

      --
      The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    3. Re:WHAT!!! by demonbug · · Score: 4, Informative
      Now all these subpoenaed people/companies need to get together and plan a really careful counterattack, not just a defense.


      Umm, you do realize that a subpoena does not mean those people are being attacked? It merely means that SCO ostensibly thinks they possess information which is relevant to the case, and they are asking that it be turned over. Although the article said nothing at all about exactly what information SCO was after (going by their past performance, I'm guessing it will be overly broad and intended to show a bias in SCO's favour - something like "Give us all information you have that might validate our claims", then when the people can't come up with this they will accuse the linux community of holding back important information), it seems reasonable to me to subpoena the people that ostensibly know the most about the software in question. However, while issuing subpoenas for these people seems reasonable to me, I somehow doubt that the subpoenas themselves will be reasonable.

    4. Re:WHAT!!! by LibrePensador · · Score: 2, Informative

      Actually, most subpoenaes are fishing expeditions. If that doesn't work, then a character assasination takes place. From someone who's gone through this, it is an ugly process, something you rarely ever want to go through. And, unlike criciminal cases, there often isn't a judge there to decide what questions can be asked. You still have to answer a question, even if your lawyer objects. The judge subsequently decides whether the objection is merited. But even if a question isn't admitted in the official transcript, the fact that it can be asked can make your life miserable. You are also more likely to lose your cool if you keep being pounded without having a judge there to stop frivolous questions.

      --
      Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
    5. Re:WHAT!!! by yaar · · Score: 1
      I construe a Demand to appear and to be questioned as an attack.

      SCO is attacking the principles of open source. RMS & Linus are both fathers and guardians of the ideals SCO is waging war against. And it's much easier for SCO to tar & feather a person than an ideal.

      --
      "Nothing in education is so astonishing as the amount of ignorance it accumulates in the form of inert facts." - Henry A
  11. Uh huh by DrunkBastard · · Score: 0, Offtopic

    I always love these articles, such depth, such information, such...nothing.

  12. Uh, huh huh.... by Omega1045 · · Score: 5, Funny

    IBM is actually trying to get some facts with their subpoenas, like offending source code. What does SCO think they are going to get out of Linus? Hopefully he doesn't let them look a the Linux source code..... oh wait.

    --

    Great ideas often receive violent opposition from mediocre minds. - Albert Einstein

    1. Re:Uh, huh huh.... by RobertB-DC · · Score: 4, Funny

      What does SCO think they are going to get out of Linus?

      Perhaps they're running low on crack?

      --
      Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    2. Re:Uh, huh huh.... by Anonymous Coward · · Score: 0

      SCO must've had too much kool-aid.

      After all, I remember Darl mentioning something about that SCO kool-aid...

    3. Re:Uh, huh huh.... by Anonymous Coward · · Score: 0

      And here I was thinking that they might well have already smoked a bit too much of it...

    4. Re:Uh, huh huh.... by Codifex+Maximus · · Score: 1

      >> What does SCO think they are going to get out of Linus?
      > Perhaps they're running low on crack?

      Oh yeah! I nearly split my side laughing. :)

      --
      Codifex Maximus ~ In search of... a shorter sig.
    5. Re:Uh, huh huh.... by pmz · · Score: 1

      What does SCO think they are going to get out of Linus?

      I think a fart in a jar would be appropriate.

    6. Re:Uh, huh huh.... by jd · · Score: 1

      Bear in mind that SCO won't even let their spokesperson look at what's on the subpoenas. They're probably written in invisible ink.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:Uh, huh huh.... by bahamat · · Score: 1

      SCO has repeatedly claimed that Linux is an unauthorized derivative of UNIX.

      My guess is that he (along with RMS) is being brought in so they can get him to say under oath that Linux (GNU) is a clone of UNIX and thereby "prove" that they deserve rights over it.

      I'm beginning to agree with IBM, thoubh, SCO does not want this thing to get anywhere near a courtroom. They don't want Linus or RMS to open their mouths in a courtroom. Remember, just because something has been subpoenaed, doesn't mean it has to be entered into court as exhibits or testimony. Serving these people is FUD for "they have a deep dark secret". SCO knows full well the only thing they'll get out of these guys is "we'd love to remove any offending code just as soon as you let us know what it is".

    8. Re:Uh, huh huh.... by dtfinch · · Score: 1

      This is something that has been tested in literally hundreds of game copyright infringement cases, thirty or so involving Hasbro, which owns several classic video games. They're like the SCO of the game industry, suing, losing, and appealing over and over until their small competitors go bankrupt. The verdict in every case was the same, that writing a clone is not copyright infringement, unless you actually copy some of the original code or other copyrighted media.

    9. Re:Uh, huh huh.... by Anonymous Coward · · Score: 0
      The verdict in every case was the same, that writing a clone is not copyright infringement, unless you actually copy some of the original code or other copyrighted media.

      That's interesting. Have you got any links to back this up? I didn't realize any of these cases had gone to court.
    10. Re:Uh, huh huh.... by fireman+sam · · Score: 1

      Laywer: So, Mr Torvalds, isn't it true that you based your "Linux" system on Unix.
      Linus: No, it was based on Minix.
      Judge: Case dismissed.

      --
      it is only after a long journey that you know the strength of the horse.
  13. If Linus needs a defense fund by Perl-Pusher · · Score: 5, Interesting

    He's got my donation anytime!

    1. Re:If Linus needs a defense fund by pixelgeek · · Score: 5, Insightful

      He is being subpoened not sued. Big difference

    2. Re:If Linus needs a defense fund by zasos · · Score: 1

      hmm... with the following that he has, he can afford Johny Cohran!!! so can even kill a couple of people and get out trouble...

      --

      Just because I don't care, it doesn't mean I don't understand. Homer J. Simpson
    3. Re:If Linus needs a defense fund by nacturation · · Score: 1

      He is being subpoened not sued. Big difference

      The kicker comes if he's subpoenaed for all correspondence over the last 12 years regarding Linux. That's a lot of stuff to locate, prepare, organize, etc. and does cost money. While it's not as expensive as being sued, the costs could still be substantial.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    4. Re:If Linus needs a defense fund by wed128 · · Score: 1

      if the library don't fit, you must acquit sorry, Obligatory Johnny Cochran joke...

    5. Re:If Linus needs a defense fund by IFF123 · · Score: 1

      Yes, but SCO said that their code is in Linux and not won, but that didn't stop they from charging $699......
      In their view, all us are guilty even after proven innocent.

      --
      Who took my tinfoil hat?
    6. Re:If Linus needs a defense fund by Sqwubbsy · · Score: 1

      That's a lot of stuff to locate, prepare, organize, etc. and does cost money.

      I wonder if he could cat the linux.os newsgroup into a LaTex doc?
      Would probably save time.

    7. Re:If Linus needs a defense fund by Anonymous Coward · · Score: 0
      He's got my donation anytime!

      Linus definitely does not need your donations. He's got millions of dollars from his Transmeta and VA Linux IPO days. In fact, I remember reading that Linus was just behind Larry Ellison of Oracle on the Forbes' richest people list.

    8. Re:If Linus needs a defense fund by BurritoWarrior · · Score: 2, Insightful

      And when you are subpoenaed, it is wise to get a lawyer, which will cost you money (unless your employer or someone else is providing one for you).

      To not get a lawyer would be downright foolish.

    9. Re:If Linus needs a defense fund by Gleef · · Score: 2, Insightful

      Considering Linus's employer (Open Source Development Laboratories) has at least two people getting subpoenaed (Linus Torvalds and Stewart Cohen), it probably would make sense for them to get a lawyer. Even more so when you realize that amongst the members of the OSDL are many companies that are none too happy with SCO: IBM, Red Hat, SuSE (ie Novell now), there should be a way for some money to be made available for a lawyer to make sure the subpoenas are appropriate.

      --

      ----
      Open mind, insert foot.
    10. Re:If Linus needs a defense fund by cdrudge · · Score: 1

      No. He should print out every single message on a seperate piece of paper and hand it to them. There can't be more then a few couple hundred thousand messages over the course of the past 12 years.

    11. Re:If Linus needs a defense fund by Anonymous Coward · · Score: 0

      I don't know if you're kidding or not, so I feel compelled to tell you that it is quite customary in lawyer type behavior to print everything out on paper to deliberately slow down the discovery process.

  14. just buy SCO out! by Anonymous Coward · · Score: 0

    why doesnt ibm, redhat, sgi, and hp just all get together and chip in some $$ and just buy SCO? (hostile takeover) -- these companies are going to spend more $$ to litigate than it'd cost to buy SCO (they have a really small market cap).

    Heck, I'd even chip in $100 to no see SCO at the top of Slashdot every day

    1. Re:just buy SCO out! by I+don't+want+to+spen · · Score: 5, Funny

      Is that you Darl?

      --
      Don't go to a brothel if you want to buy broth
    2. Re:just buy SCO out! by chef_raekwon · · Score: 1

      ibm, redhat, sgi, and hp just all get together and chip in some $$ and just buy SCO? (hostile takeover)

      it is my understanding that this is what SCO wants.
      They no longer have a product to sell (cause it really sucks) and no way to make a profit.

      so they sue, hoping that one of the big birds will take them in one fell swoop.

      whatever. i dont think that subpeoning LInus will affect their case any.

      --
      We're like rats, in some experiment! -- George Costanza
    3. Re:just buy SCO out! by Anonymous Coward · · Score: 0

      Oh now THAT deserves Funny mod points if ever I saw a post that did!

    4. Re:just buy SCO out! by Anonymous Coward · · Score: 0

      That's going to be tough when 46% of the company is held by insiders don't you think?

    5. Re:just buy SCO out! by dark-br · · Score: 2, Funny

      Preferences -> Home Page -> Exclude Stories from the Homepage -> check "Caldera"

      I'm waiting my USD 100 :)

    6. Re:just buy SCO out! by Rick+the+Red · · Score: 2, Insightful
      Actually, that's probably what SCO wants.

      Sort of like if your neighbors found out there's a toxic waste dump in their back yard, so they sue you over the fence you put up, hoping your cheapest way out of the suit is to buy their house, toxic waste dump and all. There's no merit to the suit, but the point isn't to get the fence moved, it's to get you to buy them out and take the liability off their hands.

      --
      If all this should have a reason, we would be the last to know.
    7. Re:just buy SCO out! by k12linux · · Score: 5, Insightful
      why doesnt ibm, redhat, sgi, and hp just all get together and chip in some $$ and just buy SCO?

      Pretty much for the same reason businesses shouldn't pay extortion money. If SCO gets ground to dust by this it'll deter others from doing the same. If they get a big buy-out (which appears to be their goal) then what is to stop the next guy with some IP (or who buys some IP) from following SCO's example?

      It seems pretty telling that SCO's Lawyers are promised 20% of the buy-out if one happens, doesn't it?

    8. Re:just buy SCO out! by Anonymous Coward · · Score: 0

      Oh, you actually want to see the people behind this twisted house of stupidity make money.

      Real fucking brilliant.

      I, for one, hope that all of the big cats jump in and rip them to shreads, and leave everyone behind SCO's madness shirtless.

    9. Re:just buy SCO out! by wo1verin3 · · Score: 2, Insightful

      >> That's going to be tough when 46% of the
      >> company is held by insiders don't you think?

      If they weren't available to be bought out, why would their lawyers stand to make 50 million or more. Obviously this is a way of ending the the stand off that SCO is comfortable with.

      I however would prefer that instead of being rewarded for this behaviour, if (when) SCO loses they should all go to federal pound me in the ass prison.

    10. Re:just buy SCO out! by mfago · · Score: 1

      No, someone should only buy them after SCO looses the lawsuit and the stock price plumets, and then release all of SCO's supposed IP to the public domain.

      If it were me, I'd also buy Daryl for the night -- as a special gift to the goatse guy.

    11. Re:just buy SCO out! by Anonymous Coward · · Score: 0

      My guess is that buying SCO out is the last thing the big boys want to do right now. The reasons are twofold.

      All claims about the GPL's strength aside, it has never been truly tested in court. SCO claims the GPL is invalid. IBM et al made a decision to base a good portion of their business on Linux. They have to be absolutely sure that the IP rights are solid. This is as good a test case for the GPL as I can think of.

      Second, my guess is that IBM has made a conscious decision to unleash their firebreathing lawyers at SCO to make an example of them. This case will serve as a warning to others: "Mess with us, and we will bury you."

      Buying SCO out will only serve to reward bad behaviour and encourage other nitwits to come forward as well.

    12. Re:just buy SCO out! by mvdw · · Score: 1

      No, it's not, honey.

    13. Re:just buy SCO out! by Odinson · · Score: 1
      "It seems pretty telling that SCO's Lawyers are promised 20% of the buy-out if one happens, doesn't it?"

      I did not know that. I just decided, if the lead SCO lawyers get no settlement money and disbared, my lug will raid the treasury and throw a rip roaring party.

      Well actually we need to vote on it, but don't think it will need much convincing.

    14. Re:just buy SCO out! by Anonymous Coward · · Score: 0

      Where does this 20% come from? The buyers won't be paying it, the existing shareholders won't want to pay. Who ponys up the dough?

    15. Re:just buy SCO out! by hesiod · · Score: 1

      > why doesnt ibm, redhat, sgi, and hp just all get together and chip in some $$ and just buy SCO?

      I'd like to see that just so they can fire everyone who works there without severance packages. THen when the new owners have all the evidence they need, they sue the old execs for all they are worth for misrepresenting the value of SCO when it was bought.

      How'd you guess I'm not a Lawyer?

    16. Re:just buy SCO out! by k12linux · · Score: 1
      Where does this 20% come from? The buyers won't be paying it
      If they lawyers have a contractual aggreement, the new owners will be bound to it as well. (The'll buy the debts along with everything else.)
    17. Re:just buy SCO out! by k12linux · · Score: 1
      Where does this 20% come from?

      Here.

  15. was wondering when they would do this.. by Anonymous Coward · · Score: 2, Insightful

    In fact, I was expecting them to subpoena "all linux contributors"....

    imagine, if they said they needed to depose all those people, or at least most of them ... this case would drag on for YEARS and YEARS unless the judge was clueful and told SCO to stuff themselves.

    The FSF's advice to centralize copyrights doesn't seem so superfluous now, does it? Linus, Apache Software Foundation, are you listening? Get *ALL* copyrights assigned to an LLC or non-profit so these things are streamlined in the future!!!!

    Or do you honestly believe this is the last time a closed-source company will use the legal system to intimidate free software?

    PS: why did they subpoena stallman I wonder?

  16. This should sum up SCO's entire campaign by freidog · · Score: 5, Insightful

    SCO spokesman Blake Stowell said he did not know what the subpoenas asked for, but "I know that some of them have been served."

    They haven't got a clue what they're doing, but they're doing it.

    1. Re:This should sum up SCO's entire campaign by MKalus · · Score: 5, Funny
      They haven't got a clue what they're doing, but they're doing it.


      Welcome to Managment.
      --
      If you want to e-mail me, use my PGP Key.
    2. Re:This should sum up SCO's entire campaign by LostCluster · · Score: 1

      Subpoenas to a person typically just ask for the person to show up in the courtroom so they can be called as a witness. (Which, in the case of a foriegner such as Linus isn't so easy to get sometimes...) SCO's lawyers will likely ask the court to let them treat Linus and Richard as hostile witnesses, which is to say that they want to be able to use cross-examination rules instead of direct-examination rules while questioning them.

      What questions does SCO have in mind? Who knows... I just get the feeling most of them will be met with "I object!" coming from the IBM table instead of answers...

    3. Re:This should sum up SCO's entire campaign by Laur · · Score: 1
      Which, in the case of a foriegner such as Linus isn't so easy to get sometimes...

      Linus lives in California. It's not really that far to Utah if it comes to that.

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    4. Re:This should sum up SCO's entire campaign by ThisIsFred · · Score: 4, Funny

      They haven't got a clue what they're doing, but they're doing it.

      Further proof of Microsoft's involvement with SCO's recent irrational behavior. They're already adopted Microsoft's approach to software development!

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    5. Re:This should sum up SCO's entire campaign by name773 · · Score: 0

      They haven't got a clue what they're doing, but they're doing it.
      and that shows initiative. weren't they trying to drag this one out?

    6. Re:This should sum up SCO's entire campaign by StenD · · Score: 1
      SCO spokesman Blake Stowell said he did not know what the subpoenas asked for, but "I know that some of them have been served."

      They haven't got a clue what they're doing, but they're doing it.
      Stowell doesn't need to know what the subpoenas asked for, the SCO lawyers do.
    7. Re:This should sum up SCO's entire campaign by Ibanez · · Score: 1

      How much would you have paid to have been there (or be there) when RMS, Linus, et al. get served their subpoena's?

      Blake

    8. Re:This should sum up SCO's entire campaign by haystor · · Score: 1

      California and Utah are as foreign to each other as it gets.

      --
      t
    9. Re:This should sum up SCO's entire campaign by Anonymous Coward · · Score: 0

      It doesn't realy matter what they are doing as long as they look busy doing it, it gets done, and it's on time and on budget.

    10. Re:This should sum up SCO's entire campaign by Anonymous Coward · · Score: 0

      Right, but the PR person tells everyone, wihtout getting the details first. What a joke these people are.

    11. Re:This should sum up SCO's entire campaign by blang · · Score: 1
      This case is still only in the discovery phase, so a subpoena is simple to get the person to show up for an interview, with both IBM and SCO lawyers present.


      What they are doing now is both sides interviewing each other and getting all the facts on the table. Only if SCO manages to get something like an admission out of them would they want them to stand as witness.


      I predict that SCO will get nothing out of this subpoena, but that some of these people might end up as witnesses for IBM. The goal of SCO is of course to sow doubt about GPL and doubt about linux being a unix clone. This will of course not work, because SCO has no idea what the heck they're doing.


      Every move by SCO so far has only dug them a bigger hole.

      --
      -- Another senseless waste of fine bytes.
    12. Re:This should sum up SCO's entire campaign by ThisIsFred · · Score: 1

      I kid! We all know that Microsoft's problem is conflicting internal agendas, feature insanity and impossible deadlines.

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    13. Re:This should sum up SCO's entire campaign by Aadain2001 · · Score: 2, Funny

      Uh oh! They are just trying to get all of these important people together in one place, than launch a SCUD missle from Redmond, WA and take out MS's biggest competitor! Don't fall for it!

      --
      Space for rent, inquire within
    14. Re:This should sum up SCO's entire campaign by Theolojin · · Score: 1

      Welcome to Managment.

      oh, the irony. it hurts...

      --
      Life is short; think quickly.
    15. Re:This should sum up SCO's entire campaign by anoopsinha · · Score: 1

      "They haven't got a clue what they're doing, but they're doing it."

      They never had a clue what they're doing. They even have no idea what the history of a particular snippet of code might be!

    16. Re:This should sum up SCO's entire campaign by BOFHelsinki · · Score: 0

      Shouldn't that be "SCOD missile", in the best /. tradition?

    17. Re:This should sum up SCO's entire campaign by Anonymous Coward · · Score: 0

      SCO have developed software??
      Recently???
      --
      AC

  17. subpoena overlords by griffjon · · Score: 2, Funny

    I for one welcome our subpoena overlords. No, actually, not, revolution!

    Can someone who is not IANAL comment on ways this could be forced into court, and ended (or at least revealed for the sham it is as I'm sure SCO will appeal)? I want to get back to my normal flying-cars and distro-wars /., not SCO-news-of-the-day.

    --
    Returned Peace Corps IT Volunteer
  18. thats odd by epiphani · · Score: 3, Interesting

    I see how the others relate, but how exactly does John Horsley, general counsel of Transmeta fit into that list? Besides being Linus' old workplace, what do they have to do with all this?

    --
    .
    1. Re:thats odd by Feyr · · Score: 1

      they refused to pay sco's generous extorsi^W license fee?

    2. Re:thats odd by techstar25 · · Score: 4, Insightful

      Because if Linus worked on any Linux code while working for Transmeta, then Transmeta might own the code, and therefore be held liable for the code if it copied Unix. I guess that's what SCO is assuming.

    3. Re:thats odd by IFF123 · · Score: 1

      I think SCO is using 6 degrees of separation method in finding out who to send subpoenas. BTW, the subpoenas were issued in the Utah's court, so I guess they will go through :)

      --
      Who took my tinfoil hat?
    4. Re:thats odd by Old+Wolf · · Score: 1

      The tooth fairy was unavailable

    5. Re:thats odd by insertionPoint · · Score: 1

      but how exactly does John Horsley, general counsel of Transmeta fit into that list? Besides being Linus' old workplace, what do they have to do with all this?

      Simple....being that close to Linus Torvalds....he must have known what was going on at IBM.

      'ere man...i's good shit

    6. Re:thats odd by Our+Man+In+Redmond · · Score: 1

      Subpoenaing Horsley makes just as much sense as anything else that this case has touched so far, which is to say, not even a little bit.

      --
      Someone you trust is one of us.
    7. Re:thats odd by mikeee · · Score: 1

      These are for evidence, not testimony. Probably they're demanding a log of all email Linus recieved while working at Transmeta.

    8. Re:thats odd by Zeelan · · Score: 1

      That wouldn't be. I remember reading Slashdot many years back when linus first started to work for Transmeta... one of the things talked about was that Transmeta wanted him to work for them but they would make no claim at all to his work with linux et all. Kind of like intel spacificaly told a friend of mine that no... they don't want to take credit for his erotic gay porn. At all... never... and wrote that into his employment contract. Ta!

    9. Re:thats odd by Anonymous Coward · · Score: 0

      Where does Linus work right now? Why did he leave Transmeta? Why did he ever worked for BillG?

  19. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    Obviously OSS is already losing the spell checker battle...

  20. RMS by thoolihan · · Score: 4, Insightful

    I imagine this is what Stallman wanted, a chance to prove the GPL in court. And involvement in the case may give him legal room to see 'evidence' without signing non-disclosures.

    -t

    --
    http://unmoldable.com W:"No one of consequence" I:"I must know" W:"Get used to disappointment"
    1. Re:RMS by missing000 · · Score: 1

      IANAL, but I believe he would have to be sued to see privileged documents.

      At this point, he's just being asked to testify for discovery against IBM IIRC.

    2. Re:RMS by LMCBoy · · Score: 2, Insightful

      Any evidence presented at trial is a matter of public record anyway, unless the judge seals it for some reason...

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    3. Re:RMS by thoolihan · · Score: 1

      now and then, lawyers are expected to show evidence to witnesses who are testifying about said evidence...

      --
      http://unmoldable.com W:"No one of consequence" I:"I must know" W:"Get used to disappointment"
    4. Re:RMS by ausoleil · · Score: 1

      I imagine this is what Stallman wanted, a chance to prove the GPL in court. And involvement in the case may give him legal room to see 'evidence' without signing non-disclosures.

      Maybe so, but in this round, Stallman is going to be grilled by lawyers. He won't really get to ask any questions of his own. IBM's lawyers will do that for him but likely as not he will not be there.

      At some point, however, this whole case will be public. Our dear friend RMS will likely be in the front row of seeing things as they come out.

    5. Re:RMS by Pharmboy · · Score: 1, Insightful

      I imagine this is what Stallman wanted, a chance to prove the GPL in court.

      I appreciate everything RMS has done, but I am not sure he is the best person to represent the open source movement, especially since he is not a party to the suit. Preachy, self rightous, unwashed. Again, thanks RMS, but he does look more like a stereotype of a hippie than an industry leader...

      (think of how South Park would illustrate a hippie in one of Cartman's nightmares, and then TELL me it aint a picture of him)

      --
      Tequila: It's not just for breakfast anymore!
    6. Re:RMS by Anonymous Coward · · Score: 0

      Given that even IBM can't see the evidence, and they're the party being sued, I highly doubt that.

    7. Re:RMS by SuperBanana · · Score: 1
      I imagine this is what Stallman wanted, a chance to prove the GPL in court. And involvement in the case may give him legal room to see 'evidence' without signing non-disclosures.

      ...and I imagine that SCO wanted RMS to appear in court so the court could 'see' RMS's, uh, unique grooming and personality :-)

    8. Re:RMS by StormReaver · · Score: 5, Funny

      "I imagine this is what Stallman wanted, a chance to prove the GPL in court. And involvement in the case may give him legal room to see 'evidence' without signing non-disclosures."

      This has the potential to be really funny with Stallman and Torvalds on the stand.

      SCO lawyer: "And here we have exhibit [x] that clearly shows infringing code in Linux."

      Stallman: "That's BSD code. It worked for a while, but someone else came up with a much better algorithm. That code hasn't been in GNU/Linux for quite some time."

      SCO lawyer (clears his throat in embarrassment): "Moving on to exhibit [x], here is a flagrant example of more infringement."

      Stallman: "I wrote that code myself in the early nineties. I know that for a fact because you didn't even bother removing my copyright notice."

      (the courtroom comes alive in murmurs from the spectators, requiring the judge to silence the room)

      The SCO lawyer finishes with Stallman and calls Torvalds:

      SCO lawyer: "Exhibit [x] shows a Caldera copyright. It also shows that you personally modified it and included the code in Linux. We've got you now, you Finnish smartass!"

      Torvalds: "Your own exhibit [y] shows that Caldera released the original code into the public domain on many different occasions. I originally tried retrofitting it into Linux, and it stayed for a few revisions, but it was so badly written that I was compelled to rip it out. It was replaced by a far superior version written by an Italian contributor on his 12th birthday."

      (the courtroom spectators start to giggle)

      SCO lawyer: "Moving on to our crown jewels, we see that the core of SCO Unix is nearly line-by-line identical to the core of Linux. Try explaining that one, hotshot."

      Torvalds: "Hey! That's MY code! Rather, it's a very early and buggy version of my code. It looks very similar to Linux 0.2. Come on, guys. If you're gonna steal from Linux, at least steal the good stuff. No wonder SCO Unix sucks so bad."

    9. Re:RMS by OECD · · Score: 1

      I imagine this is what Stallman wanted, a chance to prove the GPL in court.

      Earlier in this mess (or a parallel one) someone asked him that, and his answer was something like, "We're prepared to, but you never want to." Going into a courtroom always carries the possibility that you will lose. (RMS isn't a party to this case, but with SCO calling the GPL null and void, he has something to lose..)

      --
      One man's -1 Flamebait is another man's +5 Funny.
    10. Re:RMS by Malcontent · · Score: 1

      I have never met him but is he really unwashed? Can anybody here who has met him confirm or deny this?

      I know he has long hair and that apparently pisses a lot of slashdotters off but I wonder if he is also malodorous.

      BTW he would be great in court. He is probably smarter then the lawyer questioning him. I would pay to see that cross examination.

      --

      War is necrophilia.

    11. Re:RMS by supabeast! · · Score: 3, Funny

      "He is probably smarter then[sic] the lawyer questioning him."

      Bill Gates is smarter than plenty of other people, yet he is still incapable of picking out a suit that does not make him look like a department-store shoe salesman. Brilliance and social skills tend to have an inverse relationship.

    12. Re:RMS by Pharmboy · · Score: 1

      go google "richard stallman" and then select the images tab. Its more than long hair. He often looks like the guy with the "will work for food" sign, that pesters you at intersections.

      I am sure he does bathe at least somewhat regularly, but its not easy to tell in photos. He does piss people off because he is not the best at expressing himself in a tactful manner (which I fully understand). He would never be a diplomat, for instance. Idealism is fine, but he is a bit too self rightous for most people, and even the people that are 100% behind him get verbally stepped on from time to time.

      Remember, this is the guy that says even Debian isn't "Free" enough, probably due to nVidia binaries or something. He takes shit entirely too far sometimes, but then, thats his right. Its my right to be annoyed by it.

      --
      Tequila: It's not just for breakfast anymore!
    13. Re:RMS by kaschei · · Score: 1

      Sounds suspiciously like a tract defaming evolution, and I find the resemblance unbecoming. You're obviously infringing on Jack T. Chick's copyright on straw-man jokes.

      --
      I should not talk so much about myself if there were anybody else whom I knew as well. -Henry David Thoreau
    14. Re:RMS by nmg · · Score: 4, Funny

      I bet you got a boner while writing that, didn't you?

    15. Re:RMS by Anonymous Coward · · Score: 0

      Bill Gates = smart, questionable honesty, secretive
      RMS = smart, honest to a fault, very un-secretive

    16. Re:RMS by Anonymous Coward · · Score: 0

      "I appreciate everything RMS has done, but I am not sure he is the best person to represent the open source movement, especially since he is not a party to the suit"

      More like RMS isn't the best person to represent the open source movement because he's not part of it, and not related to it. He does, however, represent the Free Software movement.

      For a representative of Open Source, try Bruce Perens.

    17. Re:RMS by Da+Fokka · · Score: 1

      Thank you! I was about to say it... he must be one of the guys owning Linus Torvalds action figures.

    18. Re:RMS by Malcontent · · Score: 0, Offtopic

      You refered to him as unwashed. I presumed that you had met him and therefore was able to report that he was dirty and smelly. Apparently you were just smearing him when you said that he was unwashed.

      I have seen pictures of him and he does have long hair and beard. Like I said that seems to piss off lots of people here on slashdot (including you apparently). I for one do not care that he has long hair and a beard.

      Apparently you also object to the fact that he is not afraid to express his stongly held beliefs. Again that does not bother me. Cable TV is full of zealots who proclaim their strongly held beliefs every day. At least he is not on FOX News every night calling his enemies terrorists and traitors.

      --

      War is necrophilia.

    19. Re:RMS by macshit · · Score: 3, Interesting

      Naw, he bathes regularly. I know this very well, because at least a few years ago, he lived in his office, and you could often see him in the morning going off to the showers ... wearing nothing but a towel... [gack!]

      [I've also sat next to him for extended periods at social occasions, and had no complaints, about the smell anyway.]

      --
      We live, as we dream -- alone....
    20. Re:RMS by Daniel+Phillips · · Score: 1

      I bet you got a boner while writing that, didn't you?

      I laughed until I cried.

      --
      Have you got your LWN subscription yet?
    21. Re:RMS by FFFish · · Score: 1

      I sure as fuck got a boner reading it.

      C'mere, Darl, I got something for ya.

      --

      --
      Don't like it? Respond with words, not karma.
    22. Re:RMS by Anonymous Coward · · Score: 0

      I refer to him as unwashed, and I refer to YOU as the biggest retard on /.

      Loser.

    23. Re:RMS by penguin7of9 · · Score: 1

      Obviously, you'd much rather have a clean-cut, God-fearing ex-Jock representing "the movement".

      If you think about, you can figure out for yourself what the priorities are of people who wear expensive suits, get great hair cuts, buy expensive cars, and all that. Frankly, I prefer RMS's priorities.

    24. Re:RMS by Anonymous Coward · · Score: 0

      Woohoo! You sure showed him. Now go home before mommy finds out you've been out after curfew...

    25. Re:RMS by anthonyrcalgary · · Score: 0

      The problem is, he's going to turn it into a soap box, and he might ultimately hurt IBM.

      --
      When someone might yell at me, it has to be OpenBSD.
    26. Re:RMS by Anonymous Coward · · Score: 1, Funny

      Whoever modded this post "interesting" needs a hobby.

    27. Re:RMS by Anonymous Coward · · Score: 0

      Let me rephrase your post.

      From my mothers basement I smite thee!

    28. Re:RMS by MobyTurbo · · Score: 2, Interesting
      Torvalds: "Hey! That's MY code! Rather, it's a very early and buggy version of my code. It looks very similar to Linux 0.2.
      There never was a Linux 0.2, it went straight from 0.11 to 0.95.
    29. Re:RMS by Anonymous Coward · · Score: 0

      You are confusing "smart" with "has lots of money".

      If Bill Gates was so damn smart, he would have stopped windows stopped windows development years ago, or at least have made sure that the bugs in windows 3.11 were fixed before introducing new ones in windows 95.

      And he would never have hired the dancing monkey.

    30. Re:RMS by Anonymous Coward · · Score: 0

      0.2 is 9 versions before 0.11, so your argument is pointless.

    31. Re:RMS by Anonymous Coward · · Score: 0

      No, he's smart.

      Bug fixes == money.

      So, just make the minimum necessary, and maximise profits. Burning money unnecesarily isn't smart.

    32. Re:RMS by Anonymous Coward · · Score: 0

      According to this respectable looking site, RMS has a phobia of water, and can only take sponge baths.

    33. Re:RMS by Anonymous Coward · · Score: 0

      I didn't believe it until I found another page that made the same claim.

    34. Re:RMS by Joey+Vegetables · · Score: 1

      Brilliance and social skills tend to have an inverse relationship.

      If that were true I'd be a genius!

    35. Re:RMS by Anonymous Coward · · Score: 0

      I know I got a boner reading it!

    36. Re:RMS by SanityInAnarchy · · Score: 1

      Luckier, maybe. I have never seen Microsoft invent anything, and Gates' only real invention seems to be Microsoft (if that counts).

      --
      Don't thank God, thank a doctor!
    37. Re:RMS by supabeast! · · Score: 1

      No, smarter. Microsoft got where they are by taking a better approach to selling products: spend money on marketing and worry about decent R&D later. Iomega and AOL did the same thing. And while their competitors produced superior products, companies like AOL, Iomega and Microsoft chose profitability instead.

      Fortunately, this business model has started fading since Intel realized that they had to make better CPUs to compete with AMD, AOL started dying off as they finally faced competitors with better products AND advertising dollars, and now Microsoft is struggling to keep up with grassroots support for OS X and Linux.

    38. Re:RMS by Anonymous Coward · · Score: 0

      "Caldera released the original code into the public domain"

      Copylefting is not the same as releasing into the public domain. If it is released into the public domain, it can be included in other products and redistributed without including source code. Public domain code cannot be copylefted, nor can public domain code be copyrighted by any other means.

  21. Am I missing something? by bearclaw · · Score: 2, Interesting

    Doesn't this simply mean that SCO will be seekign testimony from these people? It isn't like SCO is sueing Linus, right?

    --
    -- bearclaw
    1. Re:Am I missing something? by the+morgawr · · Score: 1
      It means that SCO wants to depose them. It means they are going to get tape recorders and a bunch of lawyers and ask them dumb questions for hours on end.

      This is supposed to be used to gather information relevent to the case during discovery but it's often used by sleazy lawyers to intimidate and punish people involved in a suit.

      Oh, yeh, and IANAL.

      --
      The policy of the United States is worse than bad---it is insane. -- Ludwig von Mises, Economic Policy(1959)
    2. Re:Am I missing something? by ThisIsFred · · Score: 1

      I guess... If you're operating under the assumption that SCO is actually trying to recover damages, instead of just harassing "free software" developers and generally throwing mud on Microsoft's most dangerous competitor.

      Why would SCO want to go after Microsoft's biggest competitor, anyway? Didn't Microsoft use it's monopoly power to force Caldera out as a competitor?

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    3. Re:Am I missing something? by Anonymous Coward · · Score: 0

      "There's gold in them thar hills!"

      This case is about money, pure and simple. If a bunch of executives think they can best line their and the stockholders' pockets by suing IBM and by claiming ownership of Linux, that's what they're going to do.

  22. Oh dear by Space+cowboy · · Score: 3, Insightful

    Don't take this the wrong way, Gnuites, but I wish they hadn't gone for putting RS up on the stand...

    RS is an idealist, and I honour him for his ideals, but idealism has no place in a courtroom, pragmatism is the rule of law.

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Oh dear by Dominic_Mazzoni · · Score: 5, Insightful

      Don't take this the wrong way, Gnuites, but I wish they hadn't gone for putting RS up on the stand...

      RS is an idealist, and I honour him for his ideals, but idealism has no place in a courtroom, pragmatism is the rule of law.


      Are you kidding? I understand your concerns -- RMS comes across as a total wacko -- but this is the guy who invented the GPL! I think he understands better than most people exactly why free software is on solid legal ground, so I think he'd be a fine person on the witness stand. No judge will have a hard time believing that the last thing in the world he would ever want to do would be to steal somebody else's source code and release it for free. He'd sooner rewrite it from scratch, as he's done hundreds of times before.

    2. Re:Oh dear by Anonymous Coward · · Score: 3, Insightful

      Yeah, but stallman is also extremely precise when he talks about the GPL and free software. He understands copyright law very well, and has done *EVERYTHING* exactly right and above board, according to the law.

      Linus however worries me, he seems to be so uninterested in the legal system that he might be considered ignorant of it. Remember when he (jokingly) said the best way to handle a patent was to "off the git" who held it?

    3. Re:Oh dear by ballpoint · · Score: 1

      Is RS Richard Scrushy ?

      --
      Flourescent (adj): smelling like ground wheat.
    4. Re:Oh dear by fredrikj · · Score: 1

      pragmatism is the rule of law

      What planet?

    5. Re:Oh dear by Pharmboy · · Score: 4, Insightful

      Linus however worries me, he seems to be so uninterested in the legal system that he might be considered ignorant of it.

      He would not be expected to be a legal expert, rather he is responsible for everything that is in the official linux tree. Its not his job to know copyright law and he will tell you flatly that he is not an expert, but he knows what HE wrote, including large parts of the SMP code that SCO is claiming as their own. Its a good thing he is politically apothetic, I would rather see him spending more time coding and less debating.

      He statements on patents was simple: don't research them. The reason is, if you accidently infringe on one, you are liable. If you knew about it and infringed anyway, you are liable for treble damages. ANY shop will tell you the same, programmers should NEVER research patents, thats Legal's job. Its just bad business.

      --
      Tequila: It's not just for breakfast anymore!
    6. Re:Oh dear by devnullkac · · Score: 1

      ...I wish they hadn't gone for putting RS up on the stand...
      I think we're pretty far off from having anyone on the stand in court. My guess is that this is just harrassing discovery motions.
      --
      What do you mean they cut the power? How can they cut the power, man? They're animals!
    7. Re:Oh dear by PetiePooo · · Score: 1

      I agree wholeheartedly. He is intelligent, literate, and consise, but needs a good shave and a new suit before he steps into a courtroom. Hopefully, if IBM uses him as a witness, they can keep him focused so he doesn't start scaring the jury...

    8. Re:Oh dear by Space+cowboy · · Score: 4, Interesting
      ... but this is the guy who invented the GPL! I think he understands better than most people exactly why free software is on solid legal ground, so I think he'd be a fine person on the witness stand. No judge will have a hard time believing that the last thing in the world he would ever want to do would be to steal somebody else's source code and release it for free. He'd sooner rewrite it from scratch, as he's done hundreds of times before.


      Yep, agreed. His integrity is up there with the angels.

      I have a horrible vision of the lawyer ripping him apart over the rights of closed-source programmers though. RMS thinks all programs should be free, not by choice but as a part of the natural order of things. Any competent lawyer should be able to do a character assassination on him, and by association the entire open source movement, with that material. I could, and I'm not a lawyer.

      The other poster's comments about him being precise are valid too - he is. And he's a clever guy, but his principles and beliefs, while noble, verge on religious, which will just be ammunition in the hands of a lawyer :-(

      Simon
      --
      Physicists get Hadrons!
    9. Re:Oh dear by Anonymous Coward · · Score: 0

      yeah but every software company has a legal team, or at least a lawyer, because 1) copyright law is complicated; and 2) our economy depends quite a bit on this "intellectual property" stuff.

      linus believes that "technical smarts" will save the day, but of course that never happens! politics and lawyers always win.

      it would be easy for SCO to say, "look at this guy, he thinks he can handle all this himself, he obviously doesn't care, he doesn't pass these patches through any legal department, obviously he let this theft happen".

      it's pretty hard to say that about the FSF, which has a vocal lawyer, and well-crafted license, and an almost paranoid devotion to handling copyrights carefully.

    10. Re:Oh dear by mickwd · · Score: 1

      "RS is an idealist, and I honour him for his ideals, but idealism has no place in a courtroom, pragmatism is the rule of law."

      I's a courtroom, right ?

      Surely all he has to do is answer whatever questions he is asked, and tell the truth.

    11. Re:Oh dear by Anonymous Coward · · Score: 0

      I's a courtroom, right ?


      You's a courtroom? I don't think everybody is going to fit in you. Unless you's really, um, large.

    12. Re:Oh dear by Anonymous Coward · · Score: 1, Informative

      how could the lawyer do it? all RMS has to do is answer the questions:

      Imagine if you will:

      Lawyer: do you believe all software should be given away for free?

      RMS: If by "free" you mean, everyone should be able to use, modify, and redistribute software without fear of breaking the law, then yes.

      Lawyer: do you believe that SCO's software should be given away for free?

      RMS: copyright law allows SCO to be as generous or hoarding with their software as they choose. The free software community would like to see all software made free, voluntarily.

      Lawyer: but if you had access to SCO's source code, wouldn't you want to put it on the internet, you know, to make it "free"?

      RMS: I'm not allowed to do that. That's why I and others in the free software community write our own software and make it free.

      Lawyer: do you feel satisfaction when someone else steals source code and places it on the internet?

      RMS: No.

      Lawyer: but it would make more software "free", that's good right?

      RMS: No, because it's not free in the sense I'm talking about. It's still under a proprietary license, which is being violated. Free software must be set free by the copyright holder, not by someone else. that's why the FSF makes sure that we hold the copyright on all software we release, which is assigned to us through legal means.

      Lawyer: c'mon you bearded hippy, CRACK!! CRACK DAMN IT!!!!

    13. Re:Oh dear by Anonymous Coward · · Score: 0
      Is RS Richard Scrushy ?


      Yeah, because we all know that HealthSouth is a major player in Free Software. Were you trying to be funny? 'Cause you're about as funny as two day old shit. Maybe you're just stupid. Yeah, that's probably it. Two day old stupid shit.

    14. Re:Oh dear by Ian+Bicking · · Score: 4, Interesting
      I have a horrible vision of the lawyer ripping him apart over the rights of closed-source programmers though. RMS thinks all programs should be free, not by choice but as a part of the natural order of things. Any competent lawyer should be able to do a character assassination on him, and by association the entire open source movement, with that material. I could, and I'm not a lawyer.

      It's not the first time RMS has faced such accusations, nor will it be the first time he has responded to them. It won't be the fifth time, or the 20th time, or the 100th time. The internet gives a public persona a great deal of practice in responding to attacks. People just as intelligent as SCO's team of lawyers have been attacking RMS (at least verbally) for a long time, often with with no qualms about disingenuously misrepresenting his views.

      I'd be much more worried about Linus, who has not been as willing to put himself in the middle of arguments, and is more apt to compromise. He'd be more likely to answer a question honestly, without recognizing the path down which the lawyer is trying to (mis)lead him. RMS won't lie, but he'll know not to offer facts or interpretations in a form that will provide ammunition for the lawyer.

      RMS may be an extremist, but he's not a zealot. He's not blind to the opinions and perspectives of other people, even if he doesn't agree with them.

    15. Re:Oh dear by DA-MAN · · Score: 1

      No, it's Rashy Scrotum!

      He probably meant RMS, or Richard M. Stallman. Hey does anyone know what the M stands for? I don't care enough to google it, just see the M everytime his name comes up.

      --
      Can I get an eye poke?
      Dog House Forum
    16. Re:Oh dear by Pentagram · · Score: 1

      Rather brave of them if they do put RMS up on the stand. Of all the people in the world I would like to interrogate, Stallman comes close to last.

    17. Re:Oh dear by Anonymous Coward · · Score: 0

      RMS may be an extremist, but he's not a zealot.

      MOOOOOOOOOOOOOOOOOOOHAHAHAHAHAHAHAHAHAHAHAHAHA!! !! That is the funniest thing I have EVER seen on slashdot! RMS not a zealot. Right.

    18. Re:Oh dear by Space+cowboy · · Score: 1

      The truth has very little to do with it. The idea is to not fall into the traps being laid for you 3 questions in advance...

      Tell the truth yes, but think about the consequences of what you say and don't say too much. A lawyer has several target points he wants from any witness - the goal is to manouvre the witness into saying what the lawyer wants, even if the witness starts out with a different opinion.

      The lawyer will use hypotheses and opinion to confuse the witness, try to associate significance with events that fit the lawyers viewpoint, and normally has an examination-plan before (s)he starts. (S)he will have guessed what the witness will say, and will have plotted the examination to the desired completion result, normally with a few options.

      Lawyers are smart people, they can think on their feet, but the advantage is with the prepared. Witnesses are rarely as prepared as the lawyers...

      It's not just as simple as "tell the truth and you'll be ok". Being a good lawyer is a real skill, and to put any-old-witness up against them is like asking your average joe to compete against an athlete in a race. Except you can't be sent to jail or worse for losing a race. At least this will have no personal consequences for RMS, but the principle remains true.

      Simon.

      --
      Physicists get Hadrons!
    19. Re:Oh dear by Space+cowboy · · Score: 1

      Never heard of a "Richard Scrushy". I meant Richard Stallman.

      --
      Physicists get Hadrons!
    20. Re:Oh dear by endofoctober · · Score: 1

      I dunno. While I have no issue with Stallman's ideals or his ingenuity, he can come across not only as "a wacko", but an *arrogant* wacko at times. To a judge hearing the case, Stallman's _facts_ (should he be called) may indeed support the GPL, but any hint of condescension in his _delivery_ could turn opinion against IBM. I think Moglen will have his hands full, as will the IBM lawyers.

      --
      - Jack
    21. Re:Oh dear by pohl · · Score: 3, Insightful

      I'll agree that Stallman is rational and that his views are internally consistent, but my understanding is that the word "zealot" just means a "fervent and even militant proponent of something". Synonyms include "drumbeater" and "partisan".

      I realize that "zealot" is used pejoratively around here (perhaps not rightly so) but if one were to use it in a value-neutral sense, it would be a fair charaterization of Stallman.

      (no disrespect intended.)

      --

      The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

    22. Re:Oh dear by Cyno · · Score: 1

      This should have been marked Score:1, Funny.

      Do you know anything about Richard Stallman? Or do you just hate how popular GNU has become?

    23. Re:Oh dear by dasmegabyte · · Score: 1

      It's not the judge, but the JURY that Stallman has to impress. Juries are notoriously naive when it comes to technology; they only know what they are told. And I guarantee if some bearded geek is up on the witness stand raving about Free as in Beer and Free as in Speech and recursive acronyms and calling himself a Hacker, they're going to think he's some kind of digital Chuck Manson. I know I do...

      --
      Hey freaks: now you're ju
    24. Re:Oh dear by hacker · · Score: 4, Informative
      "He'd sooner rewrite it from scratch, as he's done hundreds of times before."

      Actually, the GPL was penned by Eben Moglen, not RMS. RMS came up with the idea, and Eben made it legally sound and defensible in court.

    25. Re:Oh dear by Anonymous Coward · · Score: 0

      Remember when he (jokingly) said the best way to handle a patent was to "off the git" who held it?

      So... you're saying he was wrong about that?

    26. Re:Oh dear by Anonymous Coward · · Score: 0

      RMS is a rather intelligent person. And no matter how much of a zealot he ever appears to be, if you think he would go to court and have the gpl look bad your wrong. You better believe he will be very well prepared. And I bet he will have no problem explaining a very obvious thing; GNU's not unix.

    27. Re:Oh dear by ballpoint · · Score: 1

      I guess I was stupid thinking that Slashdot readers could laugh at my association of 'RS taking the stand' with one of the US' finest CEOs recently doing the same.

      The difference between the two famous RSs couldn't be greater. In case you haven't noticed the behaviour of one of them is not unlike DMcBs. Sorta links it all together.

      Sorry if you didn't appreciate it. Oh well.

      --
      Flourescent (adj): smelling like ground wheat.
    28. Re:Oh dear by rgmoore · · Score: 1
      Lawyer: do you believe all software should be given away for free?

      RMS: If by "free" you mean, everyone should be able to use, modify, and redistribute software without fear of breaking the law, then yes.

      That's not what RMS would say, though. RMS has always tried very hard to separate the issue of software freedom from the issue of price, and I can't imagine that he'd pass up the opportunity to dismantle the whole zero price argument. He'd say something like:

      RMS: No. That's a common misperception, but the Free Software Foundation encourages people to sell software for as much as they wish or can. The point of Free Software is not one of price but of freedom- the freedom to use, modify, and redistribute the software. If you have those freedoms, the software is Free no matter what price you pay for it.
      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    29. Re:Oh dear by ScrewMaster · · Score: 2

      I wouldn't worry about it. The preparatory process that any important witness is put through (by any competent legal team, and we are talking IBM here) is pretty thorough. By the time they're done Linus will know exactly what to expect from the opposition, and how to handle himself on the stand. Nobody but an idiot would send a star witness into a potentially multi-billion-dollar situation without substantial preparation.

      --
      The higher the technology, the sharper that two-edged sword.
    30. Re:Oh dear by Anonymous Coward · · Score: 1, Interesting

      I could easily see them contradicting Stallman and Torvolds.

      Stallman will testify how every contribution to GNU gets a signed release form from both the contributor and his/her employer, after the contributer has been vetted to some extent.

      Linus will testify that he takes stuff that shows up in his inbox and merges it into Linux without even knowing who it came from. (There really is big chunks of Linux where nobody knows who the author is in the real world.) In contrast to Stallman, he'll look like a someone who completely disregards copyright.

    31. Re:Oh dear by XO · · Score: 2, Informative

      I don't believe this is a criminal trial - this is a contract infringment trial. Therefore, it would not be a trial by jury.

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    32. Re:Oh dear by sonamchauhan · · Score: 1

      ...worried about Linus, ...He'd be more likely to answer a question honestly, without recognizing the path down which the lawyer is trying to (mis)lead him.

      That is the best way to answer a question - honestly! Friendly advocates (IBM's or his own) should be able to clear up any misunderstanding, and leave it up for the judge/jury to judge properly.

      Linus seems independent and fair minded - that counts for a lot with a judge.

    33. Re:Oh dear by dasmegabyte · · Score: 2, Informative

      Civil trials, at least in this state, still get a jury. I've served on one.

      --
      Hey freaks: now you're ju
    34. Re:Oh dear by Anonymous Coward · · Score: 0

      Nope. Richard wrote it, and some random local lawfirm improved the legalese. Eben didn't get into the picture until the early 1990s.

    35. Re:Oh dear by Anonymous Coward · · Score: 0

      And the fact that "intellectual property" has replaced real, actual physical property and work means that pretty soon, your american economy is going to go down the tubes as your nation becomes populated entirely by lawyers and mbas busily telling the engineers and scientists in the rest of the world that they own them. At which point, the engineers and scientists, already beginning to outpace america, will e.m. sterilise your continent...

    36. Re:Oh dear by Royster · · Score: 1

      I think he understands better than most people exactly why free software is on solid legal ground, so I think he'd be a fine person on the witness stand.

      He's been subponeaed which means that they just want to talk to him about what he knows. They'll porobably ask him what he found with his comparator.

      He will never be on the stand to testify about the validity of the GPL. That is a question of law, not a fact to be established by witnesses. The GPL will have its fate decided on the basis of legal briefs, not witnesses.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    37. Re:Oh dear by Tsu+Dho+Nimh · · Score: 1

      The subpoenas are probably for documents ...

    38. Re:Oh dear by capologist · · Score: 1
      I think he understands better than most people exactly why free software is on solid legal ground, so I think he'd be a fine person on the witness stand.

      Nobody's going to be asking for his legal opinion.

      If he is put on the witness stand, it will be or testify on his knowledge of the facts of the case, or to give expert testimony on technical matters.

      I have a horrible vision of the lawyer ripping him apart over the rights of closed-source programmers though. RMS thinks all programs should be free, not by choice but as a part of the natural order of things. Any competent lawyer should be able to do a character assassination on him, and by association the entire open source movement, with that material.

      Any competent judge should forbid this line of questioning. Gratuitous character assassination of witnesses is not permitted.

      If he testifies on factual matters, it is permissible to attack the credibility of the testimony by introducing evidence that directly establishes a propensity to lie on such matters. If he testifies on technical matters, it is permissible to introduce evidence that calls his technical expertise into question.

      His political views have no probative value to the case. He could be the head of Communist Party, or Aryan Nations for that matter, and it would not make a whit of difference.
    39. Re:Oh dear by yourmom16 · · Score: 1

      The constitution grants the right to a jury in civil trials, except when the amount is under $20(note this was a lot more back then, now noone sues for less than $20 anyway).

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    40. Re:Oh dear by jbolden · · Score: 1

      RMS is there to establish some facts about the GPL. Remember he is a witness who has never worked for IBM and has only limited influence on the kernel team with respect to the issues that SCO cares about.

    41. Re:Oh dear by Anonymous Coward · · Score: 0

      Stallman will be asked specific questions, and he will give straightforward answers. SCO's counsel isn't stupid enough to create inadmissible testimony by asking completely irrelevant and prejudicial questions about political alignment or ideology.

    42. Re:Oh dear by XO · · Score: 1

      i'll sue you for $19.99. 'k?

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    43. Re:Oh dear by KjetilK · · Score: 1

      But then, Linus would listen to the lawyers for five minutes, and go "yeah, yeah, I'm prepared now. They're on crack. Can I go back to coding now?"

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    44. Re:Oh dear by dipipanone · · Score: 1

      SCO's counsel isn't stupid enough to create inadmissible testimony by asking completely irrelevant and prejudicial questions about political alignment or ideology.

      Clearly you haven't read any of their filings with the court. After having done so, I find it hard to see what *else* they plan on introducing as evidence in this case but irrelevant and prejudical questions.

    45. Re:Oh dear by BOFHelsinki · · Score: 0

      It's Richard M. Stallman, you infidel. Come to think of it, it's probably GNU/Richard M. Stallman.

    46. Re:Oh dear by BOFHelsinki · · Score: 0

      On the contrary, IBM's tactic is that he'll be bullying the jury until he cows them into submission! Or so I read somewhere lately about IBM's tactics...

    47. Re:Oh dear by yourmom16 · · Score: 1

      It's not worth buying a lawyer for, let alone the time you'll spend in court. Even a minimum wage job is better than suing someone for that little.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
  23. Mirror of news by bob301 · · Score: 0, Redundant

    Subpoenas are flying in the high-profile lawsuit between The SCO Group and IBM, as both companies try to buttress their legal claims by turning to third parties for information. SCO said Wednesday that it has filed subpoenas with the U.S. District Court in Utah, targeting six different individuals or organizations. Those include Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation; Stewart Cohen, chief executive of the Open Source Development Labs; and John Horsley, general counsel of Transmeta. SCO spokesman Blake Stowell said he did not know what the subpoenas asked for, but "I know that some of them have been served." IBM also has broadened its efforts to respond to the Linux-related lawsuit by asking a federal judge to order SCO to identify illegal source code and serving four other companies with subpoenas of its own. SCO filed the suit in March, claiming that IBM "contaminated" Linux by illegally incorporating trade secrets inherited from Unix. So far, SCO has listed the names of 591 files in the Linux 2.4 and 2.5 kernels that allegedly contain illicit code but has not been more specific. IBM's subpoenas were sent on Oct. 30 to BayStar Capital, Deutsche Bank, Renaissance Ventures and The Yankee Group, which have indicated they have reason to believe SCO's claims are legitimate. IBM has cited an Oct. 16 article in the Salt Lake Tribune that reported Deutsche Bank analyst Brian Skiba visited SCO's headquarters and saw a "near exact duplicate of source code between the Linux 2.4 kernel and (SCO's) Unix System V kernel." In October, BayStar Capital invested $50 million in SCO. In a statement to CNET News.com on Wednesday, IBM said: "It is time for SCO to produce something meaningful. They have been dragging their feet, and it is not clear there is any incentive for SCO to try this in court." IBM filed motions on Nov. 3 and Nov. 6, asking the court to "issue an order compelling SCO to respond to IBM's interrogatories with specificity and in detail." SCO's Stowell said his company provided about a million pages of documents in response to IBM's requests. "They are trying to coerce and intimidate," Stowell said, referring to Big Blue's subpoenas. "I think what they're trying to do is that if you're a potential investor in our company or an industry analyst that says anything even remotely favorable toward SCO, you're going to be subpoenaed by IBM."

    1. Re:Mirror of news by wtansill · · Score: 1
      "...or an industry analyst that says anything even remotely favorable toward SCO, you're going to be subpoenaed by IBM."
      At this point, who has anything good to say about SCO? Come on now -- let's see a show of hands. Hmm -- thought so...
      --
      The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
  24. Ready! Fire! Aim! by 4of12 · · Score: 1

    Talk about going off half-cocked...

    I'll bet Richard Stalman gives them all a pedantic lecture they won't soon forget...

    "I don't know what you mean by "Linux". Many people mistakenly call GNU/Linux simply Linux + [many hours]

    And, maybe for good measure,

    "I don't know what this means - "Intellectual Property" + [insert lengthy manifesto]

    --
    "Provided by the management for your protection."
    1. Re:Ready! Fire! Aim! by pavon · · Score: 1

      Yeeah! I'm looking forward to the IP lecture, but he probably won't get around to the GNU/Linux lecture since it is indeed Linux the kernal that they are talking about, not GNU/Linux the system.

  25. I don't THINK so by sphealey · · Score: 4, Interesting
    Swell, Stallman will be rocking in his chair, picking fleas from his beard and muttering "GNU/SCO.. GNU/SCO.. GNU/SCO.." It's like a strawman argument against the millions of free software users.
    Keep in mind the line from The Firm: "Remember - he's smarter than you.". Stallman will be well-prepared by Moglen. He will probably leave SCO's top-notch lawyers tied up in knots by their own questions.

    sPh

    1. Re:I don't THINK so by carlos_benj · · Score: 1

      Whaddaya think ties them up in knots?

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    2. Re:I don't THINK so by _xeno_ · · Score: 2, Insightful
      From what I've heard about Stallman (including that my mother knew him in the late 70s :)), he is not a good public speaker. I think we all already know that, though - he's caused many an uproar on Slashdot by statements made that have infuriated even people that mostly agree with him.

      If Stallman receives proper coaching, then he probably can do a good job on the stand. But he's not a really good public speaker, and if he's not careful, he could come off badly on the stand. We just have to hope that he does a good job speaking if he actually makes it to the stand. However, I can't imagine anything useful he could say in relation to a contract dispute between IBM and SCO, so I'm not as worried as I'd otherwise be.

      But who knows why he's been subpoenaed. Apparently not even SCO knows - until we find out what they want with him and what information they hope to receive, anything here is just useless speculation.

      --
      You are in a maze of twisty little relative jumps, all alike.
    3. Re:I don't THINK so by Anonymous Coward · · Score: 2, Insightful

      bah, hell talk about the difference between Free and Open Source for hours, then switch to a GNU/Linux rant. They'll never get anything usable out of him.

    4. Re:I don't THINK so by Lenbok · · Score: 3, Interesting

      Hmmm, having seen him speaking publicly, as well as hanging out with him for a couple of days when he came down to New Zealand a few years ago, I would have said that he was fine at public speaking (probably better at public speaking than interpersonal speaking). Maybe it was just that the public lectures I saw were fairly well rehearsed.

    5. Re:I don't THINK so by John+Harrison · · Score: 1
      Having seen him speak, I would guess that his answers will focus on innocent details in the questions. He will get hung up on technicalities time after time. I can already hear the judge, "Mr. Stallman, just answer the question."

      Imagine his response the first time someone says "Linux" when RMS thinks they should have said "GNU/Linux". What a treat!

    6. Re:I don't THINK so by StrawberryFrog · · Score: 3, Insightful

      From what I've heard about Stallman (including that my mother knew him in the late 70s :)), he is not a good public speaker.

      I saw him speak in public a couple of years ago. He's not bad. Not dazzling, charismatic or magnetic, but calm, insightfull and intelligent. He is no stranger to public speaking and will be on his home turf. I think (and hope) that he'll do fine.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    7. Re:I don't THINK so by smittyoneeach · · Score: 1

      His requirement that all questions to him on the witness stand be typed into a mouse-less, X-less emacs invocation. No viper, either.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    8. Re:I don't THINK so by twistedcubic · · Score: 2, Informative


      ...including that my mother knew him in the late 70s

      You think he may have gotten a chance to brush up on his public speaking skills over the last quarter century? :) I know I did. Anyway, I've seen him on videos. He's as good a speaker as any, and more importantly, he can give very precise arguments. You should be more worried about Linus.

    9. Re:I don't THINK so by Crispy+Critters · · Score: 1
      "I can't imagine anything useful he could say in relation to a contract dispute between IBM and SCO"

      Especially since the alleged code at issue is in the Linux kernel, one of the few parts of a GNU/Linux system that the FSF doesn't have anything to do with. Is SCO going to subpoena the KDE team too?

    10. Re:I don't THINK so by proj_2501 · · Score: 1

      well, sco's issue is with the linux KERNEL which even stallman agrees should be called "Linux" and not "GNU/Linux"

    11. Re:I don't THINK so by LWATCDR · · Score: 1

      Odds are anything Stallman has to say will be thrown out. He does not work for IBM and I do not think that contributed to the Linux kernel.
      Stallman is also far from stupid. We will have to see if his brains are bigger than his ego. My guess is they are going to use him to prove that the GPL is unamerican.
      It is sad but Stallman seems to think that to be for freedom you have to agree with him. GPL, BSD, MPL, and all the other free software groups are great. But people do have the right to not produce free software. Stallman seems to think that is evil.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    12. Re:I don't THINK so by pebs · · Score: 1

      I listened to some speaches by him (just a recording, Google and you might find such recordings). He's not all that bad at speaking, but he exhibits exactly the attitude you'd imagine him to have from reading his writings, etc.

      --
      #!/
    13. Re:I don't THINK so by John+Harrison · · Score: 1

      I agree, but they'll have to be specific, or he will become pedantic faster than you can say "GNU/Linux".

    14. Re:I don't THINK so by twistedcubic · · Score: 1


      It is sad but Stallman seems to think that to be for freedom you have to agree with him. GPL, BSD, MPL, and all the other free software groups are great. But people do have the right to not produce free software. Stallman seems to think that is evil.

      I think, in general, statements like this about about RMS are almost always misinformed (no offense). I don't think "evil" is what he thinks of non-free software, just "not for the public good". Like I may say that AOL has the right to distribute billions of unsolicited coasters, but it is not good to have all this crap in landfills. I wouldn't call AOL evil for this, but I would say they are wrong.

    15. Re:I don't THINK so by CrackHappy · · Score: 1

      Who modded this up as funny? Insightful, informative, sure..... but FUNNY?

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d Capitalization really works: i helped my uncle jack off a horse
    16. Re:I don't THINK so by FnH · · Score: 1

      From what I've heard about Stallman (including that my mother knew him in the late 70s :))

      How old are you? Maybe you should start worrying :)

    17. Re:I don't THINK so by Anonymous Coward · · Score: 0

      he will become pedantic faster than you can say "GNU/Linux".

      Is that with or without the silent G?

    18. Re:I don't THINK so by EvilAlien · · Score: 4, Funny
      Worried?

      From everything I've read since the fiaSCO started, I think the Judge(s) will be very convinced when Linus loses it on the stand and starts calling the SCO people morons.

      Linus: YOU MORONS!
      SCO Legal Minion: Objection!
      Judge: Overruled, statement of fact.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    19. Re:I don't THINK so by rembo · · Score: 1

      >But who knows why he's been subpoenaed.

      I think they will ask him questions about the GPL since SCO wants the GPL declared invalid.

    20. Re:I don't THINK so by _xeno_ · · Score: 4, Insightful
      I just want to make sure that everyone out there realizes that the part about my mother knowing Stallman was a useless aside - since you've editted out the :) that marked it as something to be taken lightly. And some other posts seem to have missed that point. It was kind of a funny story - my mom was reading something online about this guy called Richard Stallman and she remembered having a class or something with him in Boston in the late 70s, so she sent him an e-mail to find out if it was the same guy and it was. I thought it was kinda neat and am going to exploit it for geek points :)

      I should also point out that I'm well aware that your comment about 20 years passing was said in jest too, before someone accuses me of missing your :)

      Anyway, back to defend my real point - while he can give very precise arguments, I think he has a tendancy to get side-tracked onto things that matter to him and not the matter at hand. He also seems to be very polarizing in his arguments - either you agree strongly, or you disagree strongly. A good speaker is capable of allowing people to listen to their arguments without forcing them to take a side, while Stallman seems to try and force his ideas on others. This makes it harder to take him seriously, as it almost makes it seem as if his ideas don't carry enough weight by themselves and instead need to be forced on people.

      I honestly don't know how he'd do in a court case, but I know plenty of people who can't stand to hear him speak. He's kind of like Michael Moore in that respect - people either like listening to him or can't stand him. I personally can't stand anything Michael Moore says or does, even though I agree with him on several points. (I found Bowling for Columbine to be surprisingly good, though, because Moore was trying to start a debate and not to force his views on others.)

      To try and show the parallels more clearly, think of the difference between the following:

      I think that what most people call Linux really needs to be called GNU/Linux. The GNU project has provided many important components to what many refer to as the "Linux Operating System" and has received very little credit back in return. This is not right, so most Linux systems use the GNU utilities to run their systems.
      Versus
      If you don't call yourselves the GNU/Linux Assocation, I won't speak at your site. You also need to change it to "GNU/Linux" on your website.
      While Stallman's explanation of GNU/Linux on the FSF webpage is well thought out and closer to the first paragraph, his dealings with reporters and others in public have been much closer to the second. It's this that makes me worry about his public speaking skills - he needs to come off as someone who can make an argument that stands on its own and not solely because it has the backing of the a person with strong convictions.

      I hope this explains my position better - I haven't had a chance to listen to Stallman speak recently (he keeps on scheduling his speaches that I am close enough to attend at inopertune times :)), but based on the reactions to things he's said that I've seen or heard, I can only come to the conclusion that he isn't that good a public speaker.

      --
      You are in a maze of twisty little relative jumps, all alike.
    21. Re:I don't THINK so by _xeno_ · · Score: 1

      Young enough that it couldn't have been him - I'm a child of the 80s. The early 80s, but still there's that year or so that keeps him out of contention :)

      --
      You are in a maze of twisty little relative jumps, all alike.
    22. Re:I don't THINK so by XO · · Score: 1

      I've submitted two patches over the last decade or so!! Can I be subpoena'd too?!??! Please Darl? Can I? Can I?Can I? Can I?Can I? Can I?
      pleaseohpleaseohcanipleasebesubpoeanaed by SCO??

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    23. Re:I don't THINK so by Gumshoe · · Score: 1
      From what I've heard about Stallman (including that my mother knew him in the late 70s :)), he is not a good public speaker.


      I think he's an excellent public speaker. He's no Oscar Wilde, but so what? He presents his case consistantly and clearly. What else does anyone want?

      I think we all already know that, though - he's caused many an uproar on Slashdot by statements made that have infuriated even people that mostly agree with him.


      What does this have to do with public speaking skills? It is possible to be a good public speaker and to have people disagree with you.

      It sounds to me as though you have an issue with his philosophy and are using his supposed weak oratary style to attack him. This is a strawman attack and not particularly endearing.
    24. Re:I don't THINK so by Anonymous Coward · · Score: 0

      I agree. I mean IBM subpoenas wall street and SCO subpoenas some buy from that's still high from '65. Joking aside, what does Linus or Stallman know about IBM's contract with SCO. This is a total PR stunt. I wouldn't even show up for court until the cops came to my door. Then I'd sue them for wasting my time.

    25. Re:I don't THINK so by Anonymous Coward · · Score: 0
      But people do have the right to not produce free software. Stallman seems to think that is evil.

      I believe the word you're looking for is immoral.

    26. Re:I don't THINK so by unborn · · Score: 1

      So...what's wrong with non-free software?

    27. Re:I don't THINK so by SubtleNuance · · Score: 1

      Bah. NOt a problem. Have you ever read any of Stallman's writings? Clear, precise, complete. JUST the kind of information you want presented in court.

      I'd not worry about RMS -- SCO's lawyers wont be surprising him, tripping him up, or locking him in w/ irrelevfant analogy. RMS is a thinker, well organized and exact.

      I LOOK FORWARD TO reading his testimony, he's gonna tear these boobs up.

    28. Re:I don't THINK so by anagama · · Score: 1


      Just a general comment - I've noticed many posts talking about Stallman's testimony angering the judge, being useless etc. It is important to realize that SCO is seeking a discovery deposition. This will take place in a conference room, with lawyers from all sides and a court reporter recording the event, but there will not be a judge present. The point of the deposition will be for SCO to try to discover evidence it can use at trial. If Stallman (or any witness for that matter) becomes a trial witness, the dep. transcript will be useful on cross-examination if the trial testimony is different from the deposition testimony. More likely, the dep. trans. will be used in pretrial motions.

      Somehow I think Stallman will do just fine. From the snippets I saw of him on Revolution OS, he seems highly intelligent and intelligable - certainly the kind of person to see the traps in a question and be able to dodge them while still answering truthfully and yet avoiding subsequent as yet unidentified traps. A witness who can walk that razor line is solid gold as long he doesn't appear evasive.

      --
      What changed under Obama? Nothing Good
    29. Re:I don't THINK so by Crazy+Eight · · Score: 1
    30. Re:I don't THINK so by fbform · · Score: 1

      True. Speaking for myself, RMS defending the GPL in court would probably be like the last scene in The Fountainhead (Roark's court monologue).

      --
      Time flies like an arrow. Fruit flies like a banana.
    31. Re:I don't THINK so by dfung · · Score: 1

      It's not suprising that SCO would subpoena Stallman at all.

      I'm sure an important part of their argument will be that the free software community are anarchists that will refuse to honor legally obtained copyrights, patents, and other IP protection. Stallman isn't in that category at all himself, but can easily be made to seem that way if they bait his zealotry about the movement and it's goals. I'm certainly a believer, but I have to admit that I think some of his writings seem pretty out there to me (less so lately).

      There was a big todo in the late 1980's when a fairly complete set of Apple Macintosh source code escaped into the wild. I worked at Apple at the time, and parts of my QuickDraw code were used as evidence of the source of the leak. Outside of the technical consulting, I didn't follow what happened, but I seem to remember that Apple was pointing at Stallman and his writings about how software should be free as being suspect. It doesn't seem like anything came of this (I don't remember hearing any resolution at all in the long term). But this is the sort of thing that will they will try to pin on Open Source, with Stallman and Linus as poster children.

    32. Re:I don't THINK so by Anonymous Coward · · Score: 0

      Yeah, who knows what that crazy jew will do! Not that they are very clean, you know!

    33. Re:I don't THINK so by dipipanone · · Score: 1

      Apparently not even SCO knows

      They might not be telling, but I think we can fairly safely assume that they know.

      Given that part of this case is about the validity of the GPL, it seems inconceivable to me that they wouldn't want to call it's author to the stand.

      Also, they're probably assuming that these people will be testifying on IBM's behalf, so it makes sense to get an idea of exactly what they're going to say before they appear in court.

      Not that the case will ever get that far, IMO...

    34. Re:I don't THINK so by Anonymous Coward · · Score: 0

      It was supposed to be a JOKE, asshole. *THIS* is supposed to be a flame. Learn to read and understand context, maybe you'll be able to tell the difference. twerp.

    35. Re:I don't THINK so by LWATCDR · · Score: 1

      Diebold is one of the cases where Open Source is almost the only way to go for security reasons. Elections should be completely opem in all ways. However an MP3 decoder, or desktop publishing system does not have a direct impact on the public good.
      The question is not if Diebold is immoral to produce a closed source polling system. The real question is should the states buy it. I would say that the states should demand the source so they can audit the code at the very least.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    36. Re:I don't THINK so by LWATCDR · · Score: 1

      You could calim that all forms of private ownership are "not for the public good". You could also say that all forms of privacy are also not for the public good. Think how safe the streets would be if the police could search any home and demand any person take a drug test at anytime.
      What is really for the public good is freedom in general. Take GCC for example it is a very good c compiler and it works on many systems. It is also free. The Intel compiler is not free but some claim that it produces better code.
      If I want to program with GCC I can for no cost. If I feel the Intel compiler is worth the money then I can buy it. Programmers want to eat, own homes, and retire someday. It is no different than a steel mill worker or farmmer. If you want to give away your work and I have then that is your right. If you want to sell it then that should also be your right.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    37. Re:I don't THINK so by Citizen+of+Earth · · Score: 1

      including that my mother knew him in the late 70s :)

      Say, are you around 25 years old with a scruffy beard?

    38. Re:I don't THINK so by Anonymous Coward · · Score: 0
  26. Unbelievable! by capaman · · Score: 1

    This is past the point of ridiculous. It's amazing to see a company acting like a bratty toddler. Sco is losing more and more credibility by the day.

    1. Re:Unbelievable! by great_flaming_foo · · Score: 1
      Sco is losing more and more credibility by the day.

      Um, I'm not so sure about that. Its hard to lose credibility when you have no credibility left to lose.

  27. Linus by GoofyBoy · · Score: 1


    All the other served people are either ready for it (Stallman) or have a largish corporation to back them up.

    Linus is a coder and the single point guy for approval changes in a piece of software. I just feel bad for the guy who tries to stay out of crap like this to now get sucked into it.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    1. Re:Linus by tetranz · · Score: 1

      Out of curiosity and noseyness and probably completely irrelevant but:

      Is Linus a US citizen?

    2. Re:Linus by A55M0NKEY · · Score: 1

      Linus doesn't have to comply with a US subpoena does he? Can't he just stay in Europe and give them a raspberry?

      --

      Eat at Joe's.

    3. Re:Linus by kidgenius · · Score: 1

      Linus lives in California. As far as whether or not he's a citizen or not, that I'm not aware of.

    4. Re:Linus by rkhalloran · · Score: 1

      He's resident in the U.S. which means the subpoena works, but last I heard, he's not a U.S. citizen, which frankly doesn't matter here anyway.

    5. Re:Linus by MAXOMENOS · · Score: 1

      He's a US resident, and from what the Bush administration is telling us, he's not even entitled to a lawyer because he's not a citizen.

    6. Re:Linus by scumdamn · · Score: 1

      He could just stay in Europe if he didn't already live in the US (which he does now).

  28. Fitting by Orien · · Score: 2, Interesting

    They reacted to this awfull fast. Does it seem to anyone else that SCO was planning this all along? Thay just waited for IBM to make the first move.

    1. Re:Fitting by GoofyBoy · · Score: 1


      What has SCO top management and lawyers else to do?

      Their repuation is shot to hell, they are betting the company on this legal claim.

      What else have to do but to plan this whole thing out for the next 2 years?

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    2. Re:Fitting by platypus · · Score: 2, Insightful

      Ok, maybe they have a vicious alien-superbrain-designed hellofa plan here, but really ... would you bet against the thesis that SCO is just full of shit?
      It fscking doesn't make sense what they are doing, if you ignore that make-a-buzz->make-the-stock angle.

    3. Re:Fitting by Anonymous Coward · · Score: 0

      Nah, it looks like yet another hasty, desperate move by SCO.

      If you read the legal documents, IBM's are VERY well prepared, clearly written masterpieces even a non-lawyer can understand, whereas SCO's are whiney and almost inchoerent at times. SCO makes them sound like they were written by some poor lawyer who hasn't slept in a week and who was trying to make SCO's arguement into something coherent yet who does not have enough facts to do so (I'm not sure SCO has enough facts to do so, either...)

      In fact, that sounds very probably like what their lawyers are going through. Oh well, as we all know, the lawyers on SCO's side made sure they were going to be paid no matter what...

    4. Re:Fitting by Bostik · · Score: 3, Insightful

      Considering the history so far this doesn't look like planned. The people involved (apart from Linus) have little to no relation to the suit. Like elsewhere has been pointed out countless times already: SCO pulls a seemingly egregious stunt every time they are being slapped. Stock manipulation is as good an excuse as any.

      When the latest IBM move to subpoena investors for information took place, I actually though that someone at IBM has struck with scary precision. They haven't taken that many separate steps. Instead they've hit seldom and hard. I think that whoever is directing their efforts against SCO works like a war strategist. Compare that to SCO's constant and almost random slinging of threats.

      It's almost like a street-fight with two very unequal opponents. Other may be fast but lacking focus manages only to swing wildly at air. A more seasoned fighter just makes sure to avoid the hits and waits for an opening, and then promptly punches in their opponent's adam's apple. It's not pretty, it's not fair, but it is effective.

      I only wish SCO choked soon enough.

      --
      There is no such thing as good luck. There is only misfortune and its occasional absence.
    5. Re:Fitting by ThisIsFred · · Score: 1

      Absolutely. I was thinking the same thing. IBM should demand a book report on those 100,000 pages of documents to see if SCO comprehends what they read. I'd better not see, "these documents were great and I think everyone should read them." And no Cliff's notes!

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    6. Re:Fitting by BigFire · · Score: 1

      IBM is represented in this case by Cravath, Swaine & Moore. They knew what they're doing.

  29. Gotta keep the stock price...... by i_want_you_to_throw_ · · Score: 1

    Going up. The 52 week high on SCOX stock is 22.29. Reckon they have to do what they can to keep it going up.

    Seriously though, IBM invented litigating companies out of business. Dragging everyone into this legal fray fits quite well with SCO's shoot the moon strategy, they REALLY are insane.

    I am suprised that they didn't file against RedHat. Why? Because that would be ridiculous and that would fit quite well with what they're doing now: a ridiculous strategy.

    1. Re:Gotta keep the stock price...... by Feyr · · Score: 1

      ibm invented only the part about driving them out of business. they actually got the idea of suing in the first place from the numerous baseless claims that were filed against them (to increase stockprice, investors are fucked up)

    2. Re:Gotta keep the stock price...... by sab39 · · Score: 1

      They can't file against Red Hat because part of SCO's defense against RH's countersuit is that RH have no standing because SCO were never going to sue RH. If they then turn around and sue RH now, they've shot their own defense (and despite appearances, SCO do seem to realize that they need all the defenses they can get at this point...)

  30. The beginning of the end for SCO...hopefully... by kcbrown · · Score: 1
    SCO may claim they want "information" but I'll bet they want no such thing. And yet, I'll bet that's exactly what they're going to get: information that will, in the end, put a stake through the heart of their case.

    This is the U.S. legal system we're dealing with, so any outcome (even the most absurd) is possible. But with any luck, an outcome favorable to SCO (and thus Microsoft) won't happen here.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    1. Re:The beginning of the end for SCO...hopefully... by DA-MAN · · Score: 1

      Would it be possible for SCO to taint RMS & Linus Torvalds by forcing them to testify on SCO code.

      They had a crazy NDA that would taint any open source developer from working on open source projects in the future, I don't see why that would go away.

      Or does the fact that this is happening in court mean that all SCO code they bring up is now public record, and Linus/RMS will not be taintable?

      --
      Can I get an eye poke?
      Dog House Forum
  31. Great by jmd! · · Score: 1

    With these absurd escalations, this matter should be resolved sooner than anyone expected. Until then, I'll sit back and enjoy the humor of it all.

    1. Re:Great by Fembot · · Score: 1

      Yeah someone really should make a cartoon of it like sluggy freelance, or maybe even more simpsons/futurama like.... Wonder what they'll do for the 2nd series though?

  32. More PR by Herkum01 · · Score: 1

    If this is not a PR ploy, I don't know what is. They have yet to establish a relationship between their code and IBM. Linus, and STALLMAN!, don't have any relationship with IBM or their coding agreements, nor do they verify that the code that they get is part of trade secrets. That was not their job. Far be it for SCO to make a rational justification.

    1. Re:More PR by the+morgawr · · Score: 1
      They are going to depose them for obvious reasons:

      Linus because he has final say on what goes in

      Stalman because he wrote the GPL and they want to invalidate it.

      Stewart Cohen because he's Linus's current boss.

      John Horsley because if Linus worked on Linux while at Transmeta as part of his job, they can be legally culpable.

      That said my opinion is that this is not to get any useful information but to stall and intimidate.

      --
      The policy of the United States is worse than bad---it is insane. -- Ludwig von Mises, Economic Policy(1959)
  33. Oh no by Simon+Lyngshede · · Score: 1

    Linus does not deserve this. This is totally uncalled for, SCO is just being evil.

    And I kind fail to see what Stallman has got to do with all this. Perhaps they just didn't like him.

    1. Re:Oh no by Aspasia13 · · Score: 1

      Actually it fits with their earlier diatribes about the GPL in general. They're probably desperately hoping for something from him on the stand to "prove" the GPL is "unconstitutional" or somesuch.

    2. Re:Oh no by XO · · Score: 1

      Maybe they wanted him to take a bath?

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
  34. Wonderful quote from the story... by BJZQ8 · · Score: 3, Funny

    Here's our good friend Blakey.... Quote... SCO spokesman Blake Stowell said he did not know what the subpoenas asked for, but "I know that some of them have been served." Unquote... I don't know what they hope to prove by service subpoenas on a handful of linux-related people...I mean, don't they technically have to serve some purpose at a TRIAL? Perhaps someday we will actually get to that point...but I think this is more meaningless pump-and-dumping on the part of the SCO people.

    1. Re:Wonderful quote from the story... by Anonymous Coward · · Score: 0
      "I know that some of them have been served."

      I wonder what sort of marinade they used?

  35. ESR by Anonymous Coward · · Score: 1, Funny

    Meanwhile, sources tell that no subpoena could be delivered to Eric S. Raymond as the delivery man was chased off his ranch with a shotgun.

    1. Re:ESR by Anonymous Coward · · Score: 0

      Would ESR be any good in court?

      Bruce Parens?

      In short, who would be good, and who would be damaging or otherwise embarassing?

      RMS in court makes me cringe.

    2. Re:ESR by RyuuzakiTetsuya · · Score: 1

      Slingshot.

      with a string instead of a rubber band.

      Shotguns and rubber bands aren't opensource!

      --
      Non impediti ratione cogitationus.
  36. oh god by oZZoZZ · · Score: 3, Funny

    Fuck, this is bad.. stallman in court.. jesus christ.. i can't imagine what it'll be like... i feel bad for the lawyers questioning him, it'll be worse than questioning the soup nazi on the last episode of sienfeld.

    1. Re:oh god by Anonymous Coward · · Score: 0

      i feel bad for the lawyers questioning him, it'll be worse than questioning the soup nazi on the last episode of sienfeld.
      -------

      No SCO for you!

    2. Re:oh god by sik0fewl · · Score: 1

      Yes, but would it be worse than watching the last episode of Seinfeld?

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
  37. Aren't they setting themselves for a big upset? by zasos · · Score: 1

    Aren't they setting themselves for a big upset by subpena Linus who has little to do with individual distributions?...

    And if their claims are even remotely hold grounds, how difficult is it to rewrite the parts they claim to be infringed upon....

    and while we are at it, what are they claiming?...

    --

    Just because I don't care, it doesn't mean I don't understand. Homer J. Simpson
    1. Re:Aren't they setting themselves for a big upset? by pinka · · Score: 1



      Aren't they setting themselves for a big upset by subpena Linus who has little to do with individual distributions?...


      It strikes me that they want Linus to testify about his comment on the kernel list about the need to ignore patents. This might be some muddle headed strategy to declare linux public domain without actually attacking gpl... How beats me. Not that SCO legal strategy seems geared towards actually winning the case.

    2. Re:Aren't they setting themselves for a big upset? by tomhudson · · Score: 1
      ... and even less to do with any contract dispute between IBM and SCO over the breech of contract vis. Project Monterey.

      After all, that's what SCO's suit is about, and an attempt to broaden it at this late date isn't going to happen ... (the counter-suits, on the other hand, are another story).

    3. Re:Aren't they setting themselves for a big upset? by zasos · · Score: 1

      it's not a credibility case - it's infringement case. Which means the sorce code has to be compared with proof of timeline that is who developed what when... Plus, they may have to show/proof how the code was leaked to the linux comunity...
      so in a nut shell: fuck the strutegy, show me the proof!

      --

      Just because I don't care, it doesn't mean I don't understand. Homer J. Simpson
    4. Re:Aren't they setting themselves for a big upset? by BigRedFish · · Score: 1

      while we are at it, what are they claiming?

      Near as I can tell, they're claiming it's the defendants' job to prove themselves innocent, rather than the plaintiff's job to prove the defendant guilty, and that any code that can't be proven by to belong to its author, by its author, automatically belongs to SCO. Something like that.

      Long term, I think what they're really going for is:
      1) A ruling that copyright law only applies to work sold for profit in cash,
      2) Anything not sold for profit in cash is automatically Public Domain, and
      3) Anything in the Public Domain automatically becomes the sole property of the first corporation to claim it as theirs.

      Sadly, I can almost see them winning in the current neo-fascist (small f) climate. Corporate profit uber alles.

  38. More FUD by OldAndSlow · · Score: 1

    SCO is in over their heads, they know it, but they are going to sling FUD for as long as they can. This is only an attempt to grab some headlines, and a pretty pathetic grab at that.

    All of this will be moot soon after the Dec 5 oral arguments. SCO will have to present some evidence that IBM damaged them, or they get tossed out of court. Since the first is unlikely, the second is likely. Bye bye SCO.

  39. You just knew this would happen by klmth · · Score: 1

    When the SCO lawsuit first reared it's ugly head, accompanied by protests and counterprotests, you just knew it was going to lead to this. No matter what Darl McBride said about "trying to resolve this without putting a hole through the head of the penguin", they aren't merely settling for pickling the penguin. They want to nuke the entire antarctic.

  40. My favorite quote: by bobdotorg · · Score: 3, Insightful

    SCO's Stowell said his company provided about a million pages of documents in response to IBM's requests. "They are trying to coerce and intimidate," Stowell said, referring to Big Blue's subpoenas. "I think what they're trying to do is that if you're a potential investor in our company or an industry analyst that says anything even remotely favorable toward SCO, you're going to be subpoenaed by IBM."


    Hmmmm.... Sounds eerily familiar to some company trying to extort money by saying that if you use Linux, you may be violating our IP and subject to a big ass lawsuit. Unless you fork over $699 that is.

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
  41. Stallman says he will show up by Anonymous Coward · · Score: 0

    If SCO re-writes their subpoenas to say GNU/Linux.

    1. Re:Stallman says he will show up by Anonymous Coward · · Score: 0

      Ah ha! Me likey that one. :-)

  42. It just shows that this is a SCO publicity play... by Future+Linux-Guru · · Score: 1

    ...and that they aren't serious about their charges.

    Really--what information is so important for them to get from the above parties? If was soooo important, they would have issued the subpoenas by now.

    IBM's actions are grounded in fact; SCO's are in the ether...

  43. Now its just comedy by Anonymous Coward · · Score: 0

    I half expect this to be like a "bloopers" scene from a film - one of the participants starts laughing...then everyone else does...the judge is laughing so hard he is crying. even the SCO folks will be joining in.

  44. 591 Files? by regomez · · Score: 1

    Did they publish the list of 591 files mentioned in the article?

    1. Re:591 Files? by crimethinker · · Score: 1
      Groklaw has it

      Enjoy.

      Reminds me of the Co$ documents being included in a court filing in Sweden. Suddenly, the "trade secrets" are publicly available from the Swedish courts to anyone anywhere who will pay the [small] copying fee.

      -paul

      --
      Pistol caliber is like religion: everyone has their favourite, and theirs is the only right choice.
  45. Has SCO gone completely mad? by Tackhead · · Score: 5, Funny
    > > Has SCO gone completely mad? What the fuck? ?
    >
    > Is SCO completely, utterly, loony? What the fuck? What the fucking fuck fuck?!

    Oh, right. That as me, quoting myself from Septempter, and then from October.

    So, to bring you all up to date. It's November. The proper question is now:

    "Is SCO completely, utterly, apeshit and batshit, half-a-gig-short-of-a-Debian-ISO, stark, slavering, buggo?!? What the fuck? What the fucking fuck fuck fuck [ several dozen instances of the word "fuck" deleted for brevity ] fuck?!?!"

    1. Re:Has SCO gone completely mad? by cgreuter · · Score: 1

      "Is SCO completely, utterly, apeshit and batshit, half-a-gig-short-of-a-Debian-ISO, stark, slavering, buggo?!? What the fuck? What the fucking fuck fuck fuck [ several dozen instances of the word "fuck" deleted for brevity ] fuck?!?!"

      I dunno. Remember, this is a jury trial in Utah. Bringing Stallman out in front of a bunch of extremely normal people may well be the best way to convince them that OSS is the product of loons. If IBM's counsel is any good, they'll subpoena a suit-wearing OSS company exec to explain that in fact, OSS is just good ol' American ingenuity and hard work.

    2. Re: Has SCO gone completely mad? by Black+Parrot · · Score: 1

      > > Has SCO gone completely mad? What the fuck? ?
      >
      > Is SCO completely, utterly, loony? What the fuck? What the fucking fuck fuck?!

      Oh, right. That as me, quoting myself from Septempter, and then from October.

      So, to bring you all up to date. It's November. The proper question is now:

      "Is SCO completely, utterly, apeshit and batshit, half-a-gig-short-of-a-Debian-ISO, stark, slavering, buggo?!? What the fuck? What the fucking fuck fuck fuck [ several dozen instances of the word "fuck" deleted for brevity ] fuck?!?!"
      Save yourself some trouble and learn to use regular expressions.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Has SCO gone completely mad? by Anonymous Coward · · Score: 0

      Said in a thick Irish accent....
      "You sure do show the diversity of the word now..."

      Boondock Saints
      Connor MacManus

    4. Re:Has SCO gone completely mad? by Austerity+Empowers · · Score: 4, Funny

      Try to work "fuckity" in:

      "What the fucking fuckity fuck fuck..."

      Thanks!

    5. Re:Has SCO gone completely mad? by Anonymous Coward · · Score: 0

      this is a jury trial in Utah. Bringing Stallman out in front of a bunch of extremely normal people

      Did he meant to say Mormon, polygamist, inbreeding, redneck, 20 kid having people???

    6. Re:Has SCO gone completely mad? by HavokDevNull · · Score: 1

      You almost got it right... here is the original quote in mp3

      --
      Sig
    7. Re:Has SCO gone completely mad? by Our+Man+In+Redmond · · Score: 1

      You're going to have a mighty hard time topping yourself in December. I suggest you start working on it now. :)

      --
      Someone you trust is one of us.
    8. Re:Has SCO gone completely mad? by otis+wildflower · · Score: 5, Funny

      I hereby nominate you for 'The Most Gratuitous Use Of The Word "Fuck" In A Slashdot Posting'.

      It's very prestigious.

    9. Re:Has SCO gone completely mad? by Hangman+Jim+99 · · Score: 1

      Agreed.

      Now die testily.

      --
      --- I hate my sig
    10. Re:Has SCO gone completely mad? by muffen · · Score: 1

      Try to work "fuckity" in: "What the fucking fuckity fuck fuck..."

      Kinda funny, SCO are so stupid we're running out of swearwords to describe it :)

    11. Re:Has SCO gone completely mad? by Anonymous Coward · · Score: 0

      I have to vote for "fuck diddly fuck fuck".

    12. Re:Has SCO gone completely mad? by hesiod · · Score: 1

      > Did he meant to say Mormon, polygamist, inbreeding, redneck, 20 kid having people???

      Hey! They're not all polygamists! And a few are sterile & can't have kids. Just wish more of them were. Had to set the record straight on the mostly polygamist, inbreeding, redneck, average-20-kid-having Mormons.

    13. Re:Has SCO gone completely mad? by tilleyrw · · Score: 0

      No, no, no.

      You want to use a modification of the word "fuck" and communicate yourself as a business manager would.

      Vis-a-vis, "When referencing the Linux-SCO phenomenon, a large quotient of 'fuck-ocity' may be observed."

      --
      This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
    14. Re:Has SCO gone completely mad? by Sinical · · Score: 1

      > September
      > October
      > November

      March is going to be a hoot, I think. Study up on the adjectives.

    15. Re:Has SCO gone completely mad? by panda · · Score: 1

      You've never heard the ultimate in the use of the word. Once heard a Marine Drill Instructor say the following when a M60 overheated and jammed during training:

      "Fuck! The fucking fucker's fucking well fucked!"

      Notice that "fuck" is used in that sentence as every single part of speech.

      This is classic and very poetic.

      --
      Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
  46. SCO = Sphincter by spoonist · · Score: 2, Funny

    Me: A sphincter says what?

    SCO: What?

    Me: Exactly.

    (paraphrasing from Wayne's World)

  47. Renewing my lack of faith in humanity by Lane.exe · · Score: 0
    Just when I think this can't get any more like the biggest top at Barnum and Bailey's... something like this.

    On the plus side, can Eric Raymond now legally pull guns on Darl and Co.?

    --
    IAALS.
    1. Re:Renewing my lack of faith in humanity by Entropius · · Score: 1

      Not legally, but what's "legal" has become so apeshit nowadays that the moral relevance of that question is greatly diminished.

      Whether they can do so ethically is another matter, which alas must still be answered in the negative: Darl and Co. have done nothing yet that permits ESR to use deadly force... but to look to the legal system for justice in this day and age is becoming more and more futile.

  48. dont give them ideas. by Anonymous Coward · · Score: 0

    Seriously you just gave them ideas on how to drag this out for years. It will be SCO everyday on slashdot till im 50

  49. Re:Criple Fight!!!! by Merk · · Score: 1

    Yeah, only the Linux one is only one of many ongoing wars MS is fighting. There are also the patent fights, the antitrust fights, the virus fights, and others I'm sure.

    Besides, it's not like the legal battles are having much of an effect on the actual Linux kernel development process, are they?

  50. Re:Criple Fight!!!! by IA-Outdoors · · Score: 1

    Divide and conquer indeed. What could be sweeter for Microsoft than to have one of it's biggest mainly non-OSS competitor (IBM) and Linux and OSS as a whole take a big hit at the same time? When people say '...killing two birds with one stone' who woulda thunk that maybe one of them could be a penguin.

    Worst part about this is Linux and OSS will progressively see their stock in the corporate world fall as a result of this crap. To top it off you got SUSE going to Novell and RH with all their coporate shifting leaving a bad taste in CIO's mouths. Some could argue linux and OSS have fallen on hard times or, if you are optimistic, are in a state of transition.

    --
    You never saw a fish on the wall with its mouth shut.
  51. why drag Linus into this crap? by oohp · · Score: 1

    Why does SCO drag Linus, RMS et all into this crappy suit? Subopenas for what?

    1. Re:why drag Linus into this crap? by GoofyBoy · · Score: 1

      Linus is being dragged into this because he is the moderator of the code which SCO has a problem with.

      RMS is being dragged into this for pure entertainment value.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    2. Re:why drag Linus into this crap? by Anonymous Coward · · Score: 0

      It's not clear what they're after. It could be lots of things.

      For example, Linus owns the copyright to Linux, and licensed it under the GPL. SCO just violated that license, and Linus didn't sue. Does that mean he's releasing it into public domain now?

      Also, Linus is the best person to explain how contributions to Linux are vetted against potential IP violations. While the answer is "it's better vetted than any proprietary development model", it isn't flawless. If Linus isn't careful, he could make OSD sound unmanageable, because of the false perception that proprietary development doesn't have IP problems.

      And lastly, Linus has gone on the record saying that he advises people not to look for patent violations in their original code. Legally speaking, that's correct advice (if you didn't know someone had patented it, and you came up with the idea totally independently, you're not infringing). Nevertheless, SCO probably intends to spin this as "disregard for IP"

      So in general, it's to get more headlines, and make "shocking revelations" about the "blatant disregard" Linux developers have for IP, etc, etc.

    3. Re:why drag Linus into this crap? by Anonymous Coward · · Score: 0

      Speaking of crappy suits, someone should start passing the hat to get RMS some new clothes before he shows up in the courtroom.

    4. Re:why drag Linus into this crap? by Anonymous Coward · · Score: 0

      RMS got a $50,000 MacArthur Award, among others. He can afford a damn suit.

    5. Re:why drag Linus into this crap? by fishbowl · · Score: 1

      "For example, Linus owns the copyright to Linux, and licensed it under the GPL. SCO just violated that license, and Linus didn't sue. Does that
      mean he's releasing it into public domain now?"

      No, it absolutely does not mean that, although many people seem to have the misconception that it does. Talk about your chilling effects on publishing. If you aren't willing or able to sue anyone who might popularize your creative work, you forfeit your rights to it? Even if you do not have standing to file suit in the USA?

      --
      -fb Everything not expressly forbidden is now mandatory.
  52. stowell by cybercuzco · · Score: 1
    Paraphrasing stowell: "Weve supplied over a million pages of documentation to IBM, we dont know why they want more."

    Well I can supply you with a million pages of documentiation, just give me a laser printer and plenty of toner. They havent provided a single page of documentation that supports their case.

    --

  53. Do you suppose? by Nate_weather_guy · · Score: 2

    Do you suppose that the timimg of the Microsoft proclamation on the death of free software coincides with these subpoenas for a reason?

    --
    For lack of a better sig, this one has to do.
    1. Re:Do you suppose? by October_30th · · Score: 1

      Maybe, but the one thing I don't get is why would Microsoft be so obtusely transparent with this FUD. Surely they should be able spin it better, especially if they have been funding SCO.

      --
      The owls are not what they seem
    2. Re:Do you suppose? by Jaysyn · · Score: 1

      The gloves are off now it would seem.

      Jaysyn

      --
      There is a war going on for your mind.
  54. Just in Time for Xmas by nightsweat · · Score: 4, Funny
    Cool, I'll get what I really wanted for Xmas - a smoking charred black lump of coal that used to be SCO!

    I'm leaving out extra milk and cookies this year.

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
    1. Re:Just in Time for Xmas by moody834 · · Score: 1

      Just don't let either of your parents touch it! Gods, that scene was ugly....

      --
      /* * We did not get what we need .. we cannot sleep ..
  55. Re:Criple Fight!!!! by mfago · · Score: 1

    Divide and conquor

    Just be glad they aren't resorting to their most famous tactic:

    Embrace, extend, extinguish

  56. Absurd by AvengerXP · · Score: 1

    Now now i dont use or like Linux but this is completely wack. Leave the poor free software developers alone. I hope there's a lot of evidence because if they don't there will be nothing left of SCO after the rabid dogs get to them.

    --
    Trolls dont like to be Flamebait, because they burn so well. Protect our Troll heritage!
  57. I can't wait... by Anonymous Coward · · Score: 0

    ...until the judge jails Stallman for contempt of court after he repeatedly refuses the court order for him to take a shower.

  58. Firing back? by Anonymous Coward · · Score: 0

    Uh, IANAL, but isn't a subpoena just a request to appear in court as a witness? How is this firing back?

  59. What about ESR? by Anonymous Coward · · Score: 0

    I envision ESR hopping up and down, waving his arms, yelling "Hey! What about me? Where's MY subpoena? I should get one too! I wrote fetchmail!"

  60. I've been subpoena'd by slackjawedyokel · · Score: 1, Funny

    I don't understand it really. I have nothing to do with the Linux kernel, yet I received a SCO subpoena to appear in court. The funny thing is that I received two additional subpoenae earlier this week as well. One from the RIAA and the other from DirecTV. I knew I shouldn't have used linux to download those movies through my satellite dish.

    --
    -- damon@sicore.org A929 9798 86F9 5AD7 7BD5 E6AD 37A2 DF9B 5EDD C02E http://www.sicore.org/publicKeys/damon.txt
    1. Re:I've been subpoena'd by FrankoBoy · · Score: 1

      Could you please post the content of these subpoenas somewhere ? This could be very interesting right now...

    2. Re:I've been subpoena'd by hesiod · · Score: 1

      > Could you please post the content of these subpoenas somewhere

      I think there needs to be a FAQ on identifying humor.

    3. Re:I've been subpoena'd by FrankoBoy · · Score: 1

      Yeah, because it was so obvious that it was a joke...

      Oh wait, IT WASN'T...

  61. Microsoft Proclaims Death of Free Software Model by Teun · · Score: 1
    What a remarkable series of subjects tonight!

    But I do think this could only happen in the US legal system.
    And that is NOT flattering.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  62. Another go at the pump machine? by Sri+Lumpa · · Score: 4, Interesting

    Oh dear. Darl probably noticed that their stock didn't go up to $45 but rather went back down to around $14 and panicked and subponeaed a few guys in the lawsuit to make investors believe that they are competently litigating this.

    Luckily the Pump seems to be a bit dry today, even after they opened their mouth; is it a sign that investors are catching on on their scam? I surely hope so.

    Also, being served a subponea hopefully will be the last straw for Linus before he files a copyright infringement suit against SCO.

    --
    "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
    1. Re:Another go at the pump machine? by Overly+Critical+Guy · · Score: 1

      I think it's just that people have moved on. The SCO story is getting kind of boring and old.

      I have more fun discussing the symbolism in Matrix Revolutions! Darl who?

      --
      "Sufferin' succotash."
    2. Re:Another go at the pump machine? by Delirium+Tremens · · Score: 1

      Discussing the what in Matrix Revolutions?

    3. Re:Another go at the pump machine? by grouchomarxist · · Score: 1

      "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates, The Road Ahead, Viking Penguin (1995)

      I'm curious. Why did you choose this as your sig?

    4. Re:Another go at the pump machine? by Anonymous Coward · · Score: 0

      down to 4 dollars from 6. Their stock is shit, and it usually trades on a volume less then 10,000 shares a day. if people start dumping it, odd things happen...Perhaps Darl sells some to the board of directors for an artificially high price? go over to finance.yahoo.com and see. SCOX

    5. Re:Another go at the pump machine? by Zork+the+Almighty · · Score: 1

      Because it makes a man who is rich, famous, and powerful look silly.

      --

      In Soviet America the banks rob you!
    6. Re:Another go at the pump machine? by Anonymous Coward · · Score: 0
      I think it's just that people have moved on. The SCO story is getting kind of boring and old.
      That's funny, I was just thinking that anything you post to Slashdot is getting kind of boring and old.

      But hey, that's just me.

      Next.
    7. Re:Another go at the pump machine? by dtfinch · · Score: 1

      If you factor a prime number, you just get 1 and that number. Bill (if this is a real quote) should have said something like "the product of two large primes."

    8. Re:Another go at the pump machine? by dicka_j · · Score: 1

      Also, being served a subponea hopefully will be the last straw for Linus before he files a copyright infringement suit against SCO.

      I hope not, legal issues a sticky, long winded messes which take a great deal of time and money.

      I hope that SCO gets squashed by IBMs legal department and Linus can keep happily coding that kick-ass kernel of his without having to get too involved with anything.

    9. Re:Another go at the pump machine? by hesiod · · Score: 1

      > I was just thinking that anything [OCG] post to Slashdot is getting kind of boring and old.
      > But hey, that's just me.

      Nope, it's not just you, it's me too.

  63. Whoa by stephenry · · Score: 1

    Nice timing for SCO...

    I guess they had to get something out to counter the pumping allegations that have just shown up on Groklaw.

  64. Raising the bar by jeffmock · · Score: 5, Funny

    That's just f***ing great, now the bar for being a cool guy in free software just got raised. It used to be you just had to write a million lines of useful code. Now you've got to get a subpoena from SCO to be cool.

    "Should we invite Jeff to speak at our little conference?" "Well, he didn't get a subpoena from SCO, so he's probably not that important..."

    jeff

    1. Re:Raising the bar by Anonymous Coward · · Score: 0

      Have you contributed to any open source projects? I think we can grant your wish...

      SCO LawyerDrone#3452

    2. Re:Raising the bar by Asprin · · Score: 1


      Is ThinkGeek going going to sell "I was served a subpoena by SCO" t-shirts?

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    3. Re:Raising the bar by cybermace5 · · Score: 1

      If that's the case, maybe SCO could actually start making money by selling subpoenas. What a great conversation piece, perhaps they could include a commemorative limited edition picture frame personally signed by Daryl McBride. All for three easy payments of $19.95! But wait, order now and recieve a FREE Linux license, a $700 value, yours absolutely free!

      --
      ...
    4. Re:Raising the bar by Josh+Booth · · Score: 4, Funny

      I would buy a "They [SCO] are smoking crack. --Linus Torvalds" shirt.

    5. Re:Raising the bar by Anonymous Coward · · Score: 0

      Just so you know, you can say "fucking" on /. if you want. This isn't AOL.

    6. Re:Raising the bar by Xenographic · · Score: 1

      Groklaw says that Linus hasn't gotten a subpoena yet, either... at least, for the time being.

    7. Re:Raising the bar by me.at.work · · Score: 1

      I would also go for a shirt with:

      Got crack?
      SCO

    8. Re:Raising the bar by hesiod · · Score: 1

      > recieve a FREE Linux license, a $700 value, yours absolutely free!

      I'll ignore the name misspelling and point out a more egregious error. "$700 value?" Actually, $700 is the price, there is no "value" in.

  65. And so it begins... by PGillingwater · · Score: 1

    It was the last, great hope for Hum^H^H^HLinux. As Linus and RMS are led away in chains, who is left to fight for the rights of Linux users everywhere. Alan Cox is in exile in far-off England, while the lawyers of IBM are "in a meeting." Who will save us now?

    --
    Paul Gillingwater
    MBA, CISSP, CISM
    1. Re:And so it begins... by whoever57 · · Score: 1

      Alan Cox is in exile in far-off England,

      I doubt Alan would thank you for this comment. Alan is in Wales. Saying he is in England is a little like calling a Texan a "Yankee".

      --
      The real "Libtards" are the Libertarians!
  66. Article & More Briefs by Anonymous Coward · · Score: 0

    There is an article on this over at AOL News

    Click Here to Read It.

  67. A classic from UserFriendly/The Far Side by gardyloo · · Score: 3, Funny

    y'all might want to point your browsers at: http://ars.userfriendly.org/cartoons/?id=20030622& mode=classic

    1. Re:A classic from UserFriendly/The Far Side by LittleLebowskiUrbanA · · Score: 1
  68. Just like the Korean war talks by Weaselmancer · · Score: 4, Insightful

    This is nothing surprising. It's SCO's standard delay-as-long-as-we-can tactic. SCO knows that as soon as they actually have to offer up their proof that copied code is in Linux, it won't stand up to analysis, their case will be rejected, and their stock will drop like a stone. It'll be game over for SCO as a company. Their current business model depends on not offering any proof of their claims.

    So why not subpoena everyone, to make things as slow and difficult as possible? I'm surprised Elvis and Bigfoot aren't on the list.

    Kinda reminds me of the negotiations at the end of the Korean war. Every last detail of how the talks were to proceed were argued to death before the talks could begin. There were even provisions as to which direction the delegates sat and how high their chairs were in relation to each other before they'd talk. And the reason was, was that the delegates simply didn't want to be there. Same for SCO.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
    1. Re:Just like the Korean war talks by Anonymous Coward · · Score: 0

      I'm glad it reminds you of the Korean war talks. But there's another parallel: the US invasion of Iraq. For months and months, the US claimed to have evidence that Iraq was a threat and that the US needed to act in self-defense. People asked for this evidence, and while they never got any, the US did show them some satellite pictures of fruit delivery trucks. Now it's a year later and nobody's asking for that evidence anymore, and that's good because it isn't there.

      Fast forward to a year from now--SCO has had all open source developers thrown in prison for software piracy. Nobody's asking for their evidence anymore either.

      Lack of evidence doesn't mean anything. You can win entire colonial empires on no evidence whatsoever.

    2. Re:Just like the Korean war talks by Anonymous Coward · · Score: 0

      They should have subpeonad Osama Bin Laden and Saddam Hussein so that they could claim IBM supports terrorists if it refused to follow through...

    3. Re:Just like the Korean war talks by Port-0 · · Score: 0

      So why not subpoena everyone, to make things as slow and difficult as possible? I'm surprised Elvis and Bigfoot aren't on the list.

      Not to mention Chewbacca.

    4. Re:Just like the Korean war talks by pjrc · · Score: 1
      as soon as they actually have to offer up their proof that copied code is in Linux, it won't stand up to analysis, their case will be rejected, and their stock will drop like a stone.

      Maybe it'll go more like this:

      1. Judge Kimball orders SCO to identify code & meathods during oral arguements on Dec 5th
      2. Hemming and hawing, SCO delays, offers up a few more insincere vauge response
      3. IBM objects, eventaully Kimball forces SCO to reply
      4. Perns, Raymond and others immediately analyze the code, find most is not really proprietary or not actually copied
      5. Media takes a dim view of SCO, stock starts to fall
      6. Kernel developers design out alleged infringing code anyway
      7. Media reports SCO will never collect royalties since probably-not-infringing code has been completely removed anyway
      8. SCOX stock price falls under $1
      9. Case continues, but everyone (but SCO) knows IBM will win. Countersuit still uncertain.
      10. Execs quit (perhaps leave the country), SCO leadership changes hands
      11. SCO runs out of money
      12. Case is won by IBM by default
      13. SCO dissolves... nothing left to countersue
    5. Re:Just like the Korean war talks by whittrash · · Score: 1

      So why not subpoena everyone, to make things as slow and difficult as possible? I'm surprised Elvis and Bigfoot aren't on the list.

      You forgot Chewbacca!

    6. Re:Just like the Korean war talks by Anonymous Coward · · Score: 0

      I don't think the Korean war ever ended. Theoretically, North and South are still at war. (We know what you mean though.)

  69. ROTFL ! by polyp2000 · · Score: 1

    This has to be the funniest SCO story I have ever heard. It honestly has reduced me to hysterics this time... I really didnt think this whole affair could get more farcical. OMG , it would make a marvelous Broadway play, someone please write it!
    woo hoo!

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  70. Truth is Stranger than Fiction by Ridgelift · · Score: 1

    SCO said Wednesday that it has filed subpoenas with the U.S. District Court in Utah, targeting six different individuals or organizations. Those include Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation

    Wow, and I didn't think SCO could get any weirder. How can they possibly hope to benefit their case by subpoening Linus and RMS? Linus will just wanna see the code without signing their NDA, and Richard will probably gaze at them and cause them the stare crying.

    I don't know. Maybe they'll get them in a room, tie them to a chair with their eyes propped open like in A Clockwork Orange and force them to read their code without signing their NDA. Then any future development of Free/Open Source Software will fall under SCO's control because they were influenced by SCO's source. Things couldn't get any weirder.

  71. Here's something you should check out by Anonymous Coward · · Score: 0

    Here http://www.computerhope.com/unix/xenix.htm is the Microsoft/SCO Xenix connection. Holographic women are soon to come :)

  72. SCO Civil War Escalates; no clear leader by Saint+Aardvark · · Score: 5, Funny
    UTAH - Today, the civil war within The SCO Group Inc (SCOX) became unusually public with the rapid-fire serving of hundreds of subpoenas. The action -- and responses to it from SCO spokesman Blake Stowell -- serve to highlight the increasingly turbulent within its fortified compound for control of the company and its allegedly-valuable and -infringed intellectual property.

    Stowell, spokesman for the company, was unable to explain the latest round of subpoenas in the company's lawsuit against IBM for copyright infringment. When asked what the purpose was, he replied that he had no idea, but"I know that some of them have been served."

    For veteran SCO watchers, this is a sign that the previously-untouchable spokesman may be on the outs.

    "Why wouldn't the spokesman know what was going on?" asked one CIA analyst. "It's his job. But it's little clues like this that give us a suprisingly good idea of what's going on in Utah."

    A source within SCO, speaking on condition of anonymity, confirmed this view of events.

    "Darl [McBride, CEO of SCO] just went crazy the other day when [Stowell] asked what the next step was," he said. "He started asking all sorts of questions about whose side [Stowell] was on, was he wearing a wire, who else felt like this, this sort of thing. He even pulled out his laptop and started Googling for Stowell's name on LKML [a mailing list for Linux kernel developers]. Now we're not allowed to talk to Blake at all."

    "It's a shame, because Blake was one of the moderates," the source continued. "A while back Darl started talking about putting Richard Stallman's head on a pike outside the compound. Said it was the least he deserved. Blake talked him down from that before anything could happen. Now there's very few left to do that."

    However, McBride's hold over the company is anything but absolute, and the future of his leadership is still in question. "There's still a significant group within SCO that are trying to find the combination for the safe where he keeps his shares," said the CIA analyst. "That's why he hasn't left the compound in over six weeks."

    Richard Stallman, founder of the Free Software Foundation, was unavailable for comment. Sources close to the computer guru said he had gone underground. "He saw some guy hanging around the office that he thought was a bounty hunter. That was enough for Richard."

  73. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    rotflmao

  74. Please Please Please stop it... by frodo+from+middle+ea · · Score: 2, Funny
    The only thing now left for me to see, is "Darl, linux, Stallman et all" on the front cover of Soap Opera Digest.

    This drama is giving all those soaps a serious run for their money.

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
  75. Time for action by wonky73 · · Score: 1

    Aren't justified at this point in blowing up the SCO offices with all people in them :) To be both stupid and evil must be an interesting combination.

  76. No jury, please by amightywind · · Score: 1
    for us europeans, the US legal system is like a free TV channel : mostly crap, but sometimes a true gem is broadcasted.

    My only hope is that it never ends up in front of a jury, then we'd really be in trouble. Even though the U.S. has given up on M$ anti-trust actions I hope that Europe will continue to torture M$ for years to come.

    --
    an ill wind that blows no good
    1. Re:No jury, please by SiliBelgian · · Score: 1

      Even though the U.S. has given up on M$ anti-trust actions I hope that Europe will continue to torture M$ for years to come.

      Why, how do you know this? This is the only reason the EU was founded! It's supposed to be top-secret!

      --


      "Hell hath no fury like a hippo with a machine gun."
  77. History repeats??? by JanMark · · Score: 1

    SCO might turn out to be for Linux what AT&T was to BSD Unix (precursor of 386/Free/Open/Net/etc. BSD). People where reluctant to use BSD Unix (and it's derivates) because AT&T insisted on BSD users having a AT&T Unix License. This could put the brakes on the diffusion of Linux (esp. in the business segment).

    How long would a thread of SCO tie up Linux? (Are they funded by M$?)

    --
    -- (:> jms cs.vu.nl (_) --"---
  78. I see an opportunity by downix · · Score: 1

    Microsoft is seeing this as the end of competition, but I do not see so. Instead they do not seem to be seeing that rather than a single entity out to kill them, they are instead reviving hundreds of little entitys, all out for blood.

    Ok, let us say on the remote chance that they kill Linux. Well, coming right on Linux's tail are the BSD's. Then Microsoft has not 1 but a half-dozen smaller, more mobile (and in my opinion better-done) competitors, all ready to cut them. Then there's the open-source BeOS clones coming. Some of them are starting to look pretty damned good from my angle, and could give Microsoft a run for their money by the time Longhorn comes out. Then there's the AmigaOS derivitives that have appeared such as AROS, MorphOS and soon AmigaOS 4.0. All of them make PocketPC look like a joke by comparison. This could give Palm the breathing room to get their footing solid again, and probably Symbian as well.

    Microsoft would in short order end up facing not some GPL'd monstrosity of a UNIX clone, but every little project that suddenly gets a boost from the coders that used to be with Linux. If Microsoft brings focus against one, the others exploit holes that they leave open. Right now, Linux is a titan, able to stand up against another titan. But while the Microsoft titan sleeps, the liliputians are getting out the rope.

    --
    Karma Whoring for Fun and Profit.
  79. SCO's "Trade Secret" by beezly · · Score: 1

    What I don't understand about SCO's excuse of not releasing their source is that if parts of Linux are copies of the SYSV code which contains a trade secret... how can it be considered a "secret" any more? What do SCO gain by not saying what is it? According to them, the source is already out under public scrutiny (presumably doing "damage" as far as SCO are concerned).

    I'm convinced they're just trying to piss IBM off enough to buy them out and then ride home with the cash. If they win, SCO's shareholders get lots of cash, if they lose, SCO is most likely to go bust and the shareholders only lose the value of their shares.

  80. Re:Criple Fight!!!! by rsax · · Score: 1
    While attentions are diverted from Microsoft they are rebuilding.

    Rebuilding from what exactly?

  81. Re:It just shows that this is a SCO publicity play by erwin · · Score: 1

    In the ether...gawd, don't tell me SCO is claiming right to Ethernet, too.

    Oh, where will it end....

  82. We all know winners work while losers litigate ... by 2TecTom · · Score: 1

    ... as for SCO's management, it seems that in business, even evil can incorporate and prosper.

    --
    Words to men, as air to birds.
  83. Oh boy!!! by frank_adrian314159 · · Score: 0, Troll

    Steel cage death match!!!

    --
    That is all.
  84. Its the GPL stupid... by Anonymous Coward · · Score: 0

    actually, just kidding on the stupid. Stallman and his legal friends from college crafted the gpl early on. Isn't attacking the GPL one of SCO's strategies?

  85. Re:Criple Fight!!!! by carlos_benj · · Score: 1

    Two outta three ain't bad. They can embrace and attempt to extend, but since they can't buy the IP they can't extinguish....

    --

    --

    As a matter of fact, I am a lawyer. But I play an actor on TV.

  86. Change of plans by ThisIsFred · · Score: 1

    I was going to post this in the previous story's comments, but what the hell:

    1. SCO (formerly Caldera) was at odds with Microsoft over the monopoly case, where their business was nearly destroyed by anti-competitive practices.

    2. Unless someone can prove otherwise, Microsoft does not have any insiders that sit on the board for Canopy group, and therefore, logically, has no influence on it.

    3. SCO cries poor, yet refuses to go to court, even though it claims that it is owed money for illegal use of its IP. It doesn't get anymore contradictory than this. It's been a while since SGI kinda-sorta admitted its trangressions, yet SCO hasn't done anything about it.

    4. Microsoft, already established as an enemy that nearly put Caldera out of business the first time, and with no reason to cooperate or share information with SCO, and prevented from entering the Unix market, is -- oddly enough -- stepping in unison with SCO... To the point where they are saying the same things.

    Yeah, it's just a bunch of inexplicable events that happened at random, and I'm a crazy conspiracy theorist.

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
    1. Re:Change of plans by EmagGeek · · Score: 1

      "2. Unless someone can prove otherwise, Microsoft does not have any insiders that sit on the board for Canopy group, and therefore, logically, has no influence on it."

      Baystar Capital....

  87. Wrong topic image by rjamestaylor · · Score: 1
    Should be "It's Funny. Laugh."

    How long 'til the judge tosses this sad case out WITH PREJUDICE?

    --
    -- @rjamestaylor on Ello
  88. Trial by random monkey by jeorgen · · Score: 2, Insightful
    The GPL personalities that now are unwillingly involved are heavy weight names. The people on the other side are no-names, foot soldiers.

    The tactic from the SCO side may be to "dance" with these, for us, important guys. Until our guys take a wrong step. SCOers are expendable. Thorvalds and Stallman are not.

    /jeorgen

  89. What is stalling this lawsuit? by z00z · · Score: 1
    IANAL of course, hence the source of my confusion.

    Can someone please explain to me what the legal system is waiting for before settling this lawsuit? Why is it dragging for so long? Why are hearings scheduled for 2005 and not any sooner? Why is SCO allowed to do all this crap?

    I feel sorry for Linus. It must certainly be annoying to be stuck in this heap of rubbish.

  90. Linus by blackdragon7777 · · Score: 1, Informative

    I believe that they are doing this to force Linus to look at the source code for System V and see what code was stolen and put into the Linux kernel. So far he has refused to sign an NDA and actually look at the code. I think this will speed the process up a fair bit if he would just look at the code.

  91. SCO's legal stratagem by spagnitz · · Score: 3, Funny

    boils down to "No GNU'S is good GNEWS"

  92. If you want to join the battle against SCO then by zymano · · Score: 1

    Try and find out who their top fortune 500 customers are and demand that they not pay the LINUX I.P. license(or whatever they call it).

    I know that Microsoft and SUN are the first licensees. Do any of you know and others ? We could form a list .

    Sun and Microsoft first licensees

  93. Wow, now Stallman will finally have to get off his soapbox and actually do soemthing for his religion I mean cause. I have been wondering why he hasn't done anything about this SCO problem when compared to ESR and Perens. Stallman has been pretty quiet and I expected him to be the most vocal.

  94. Re:Criple Fight!!!! by DenOfEarth · · Score: 5, Insightful

    I know you started your reply by crying out: 'give me a break', but I would really wish to point out that you are the exact kind of poster that I want to give me a break

    While attentions are diverted from Microsoft they are rebuilding. Once the dust of the present war ends Microsoft will step in, fully rested, and pick up where it left off however they will be fighting a tired and battle weary enemy.

    Does somebody again want to clarify what this is all about in the first place. I bought a red-hat boxed linux sometime ago, and it did not come with sharp knives, camoflauge paint or gunpowder to get me ready for the up and coming technology war of the century, in fact, knowing then what I know now, I wouldn't have bought the box, since I can get that stuff free on the internet. What is the fight all about???? Who's doing battle with who??? You're stepping onto the battlefield to put your life on the line for what? So that people you've never met get forced to use your operating system of choice? Can't I just use my computer happily and quietly, the way I want...why do I have to fight in the trenches?

    I've been reading slashdot for a while, and I don't post often, but you my friend, have finally caused me to put in my two cents. I use a computer running linux for one reason, and one reason only: it suits my needs. I am not planning on battling a giant software company by using it. Linux will _never_ die (I'd be willing to argue that point, but I won't now). People will continue to use windows as well, and most of the people I know that do, I don't blame them, as they have their own reasons. It makes no difference to anybody except yourself what you want to use, so if you have the savvy to run something like linux, then by all means, run your own box. What this isn't about is fighting a battle against a large software company (note that I don't call them a monopolist, as they aren't). I'll let redhat do that, as that's what they are in the business for. If I start my own company, no matter what I do, I'd buy software that works best for what we need. Do I stake my company on the automatic install of OSS based on my moral beliefs that OSS is better? How about I only hire employees that have the same moral opinion as I do, regardless of their skill level? Sounds like something's not right with this picture.

    I sincerely hope that people like yourself will eventually realize that this isn't about war, it's about freedom...and you have to remember that if you exercise your own freedom effectively, war is not necessary.

  95. What about Cox? by Anonymous Coward · · Score: 5, Interesting

    Didn't Alan Cox write a lot of the "offending" code? Besides being far more important to Linux than many of the subpoena'd people.

    That part about Caldera (now SCO) supporting his writing the very code they are suing over might cause problems for them, though...

    1. Re:What about Cox? by Anonymous Coward · · Score: 5, Informative

      Alan Cox will not travel to the US after Dmitry Sklyarov got arrested.

    2. Re:What about Cox? by bazim2 · · Score: 1

      I think you'd have a bit of difficulty getting him out of Wales and onto the other side of the Atlantic.

    3. Re:What about Cox? by Anonymous Coward · · Score: 0

      Any you think the impracticality of the situation would stop SCO? Since when has logic played any role in their litigation?

    4. Re:What about Cox? by PurpleWizard · · Score: 1
      On the other hand if SCO some how connected him to terrorism the USA would have no qualms about abducting him like it has people in Pakistan, Bosnia and some African nations.

      So will that be SCO's next move? Lets face it, if Alan spoke in Welsh he could be in jeopardy...

    5. Re:What about Cox? by bruthasj · · Score: 1

      For a good reason, he lives in the U.K. and SCO doesn't want to mess with non-residents. It's not something they have time for! They're too busy coming up with their bogus strategy for world domination.

    6. Re:What about Cox? by Anonymous Coward · · Score: 0

      They just want to hear Linus say he has no control over who sumbits what and no system to prevent proprietary code from being included into the kernel.

    7. Re:What about Cox? by Pakaran2 · · Score: 1

      Wouldn't he have to, if subponoed?

      I kind of wonder if his weblog is in Welsh for DMCA reasons, btw.

  96. Fight 'em by Anonymous Coward · · Score: 1, Interesting

    This is placing unnecessary legal expenses on Linus & everyone else. It costs money to show up in court.

    Everyone should sell SCO short on the market. Drive their price into hell where it belongs.

  97. Gotcha! by metlin · · Score: 1

    Ahh yes.

    There it is, my SCO crap fix for the week.

    1. Re:Gotcha! by Anonymous Coward · · Score: 0
      *sniiiiiiiiffff*

      One mighty dose for this week, you'd say...? :-D

  98. Transmeta? by 3Suns · · Score: 1

    What the heck does Transmeta have to do with SCO? The fact that they employ Linus shouldn't involve them in this mess...

    --

    -3Suns

    ~~~~
    The Revolution will be Slashdotted
  99. This is why god invented reality tv by Anonymous Coward · · Score: 0

    Why bother with overpaid no-talent hacks when you can have underpaid no-talent hacks?

  100. What's Plan B? by cryptochrome · · Score: 2, Insightful

    Let's assume that (somehow) SCO wins, and starts charging large sums of money for the OS they didn't really develop. What can be done? Can the offending bits be removed from the Linux source tree, and SCO cut out of the loop entirely (which is how I expect the case will really go)? How taxing would it be for companies that can't afford SCO's fees to move to another free open source OS, like FreeBSD?

    --

    ---If you can't trust a nerd, who can you trust?

    1. Re:What's Plan B? by tornado2258 · · Score: 1

      The most optimistic I can be for SCO is that they could win the case with a few small parts of the kernel and these would have to be rewritten (given the amount of attention this is getting I would imagine the whole linux kernel could be rewritten in the gap between anything damning comming out in court and any eventual ruling) so Linux isn't going to die (or require license fees). But IBM might have to pay SCO somehting in damages (probably not very much given how obviously SCO is trying to be unhelpful).

    2. Re:What's Plan B? by AuraSeer · · Score: 1

      Assuming any offending bits exist, they can and will be removed from the source tree.

      This is exactly what makes SCO's attitude of secrecy so frustrating. If they would just point to the infringing part of Linux, a metric boatload of kernel hackers would instantly descend upon that section of code. In short order the bad stuff would be gone, and a shiny new scratch-written replacement would be there instead.

      Cynics (like me) think this is exactly why SCO is refusing to identify infringing code; the repair would cripple their attempt to collect license fees. New Linux users couldn't possibly be made to pay, because the new version would be certifiably free of SCO code. Even existing users, when threatened with a lawsuit to force license payment, could upgrade their systems and say "Sorry, we don't use any of your code here."

      Removing the potential for Linux license fees would leave SCO without any revenue stream for the forseeable future. That would of course kill their stock price, sending the company (and possibly its large shareholders) into bankruptcy.

      (Of course there's an even more cynical explanation: SCO doesn't reveal the infringing code because it can't find any, and this whole case is at best a gigantic fishing expeditionBut if this were true, anyone with half a brain would have dropped the lawsuit before it got to this point. Even SCO isn't that dumb... right?)

    3. Re:What's Plan B? by fishbowl · · Score: 1

      >What can be done?

      The US can be left as a smoking crater, and the rest of the world doesn't need to care.

      --
      -fb Everything not expressly forbidden is now mandatory.
    4. Re:What's Plan B? by kasperd · · Score: 1

      Cynics (like me) think this is exactly why SCO is refusing to identify infringing code; the repair would cripple their attempt to collect license fees.

      Didn't SCO publicly admit, that is exactly why, they don't want to tell the truth?

      --

      Do you care about the security of your wireless mouse?
    5. Re:What's Plan B? by AuraSeer · · Score: 1

      AFAIK they haven't given any reason, they just mumble and stall and change the subject. Even in the court filings, when IBM asks them straight out, they don't give any kind of straight answer.

  101. Dude, who works at SCO? by Aqua+OS+X · · Score: 0, Redundant

    Dude, who works at SCO? 13 year old bipolar kids who don't take their pills?

    One day they're going to sue everyone, the next day they're dropping law suits, the day after that they decide to sue everyone again.

    Erahhhhh!

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
  102. IANAL, but here's some answers by TubeSteak · · Score: 3, Informative

    1: do as ze Germans did. File an injunction and get it enforced
    The fine comes nearly three months after a regional court in Munich issued the court order in response to a suit brought by the nonprofit Linux conference organization, LinuxTag e.V., and IT consulting firm Tarent GmbH. The two groups sought the injunction to prevent SCO from making claims about intellectual property violations in Linux without presenting any evidence...

    2: do as IBM has done and try to get the facts out. And since we know SCO won't give up the goods, get it from anyone else with their hand in the SCO piggy bank. "It is time for SCO to produce something meaningful. They have been dragging their feet and it is not clear there is any incentive for SCO to try this in court"

    --
    [Fuck Beta]
    o0t!
    1. Re:IANAL, but here's some answers by Anonymous Coward · · Score: 0

      IANAL lawyer, but I think the guy asked JUST FOR LAWYERS. Jeeze, show a little respect, wilya?? IANAL, BUT..

      No-one wants to hear your opinion, person who INAL.

      But you got modded up anyway. Go, mods, go!

    2. Re:IANAL, but here's some answers by Anonymous Coward · · Score: 0

      it obviously got modded up because it refers to what real lawyers have done! :gasp: anyways, even if he was a real lawyer, he'd say 'don't take this as legal advice'. Lots of people are lawyers, lots of people are judges, that doesn't make them capable of commenting/deciding complicated issues like this.

  103. I'm going to laugh... by Anonymous Coward · · Score: 0

    .. if SCO has a trump card.

    So why's it funny? Because I'm a troll? No, it's because it's been a horrenduously overlooked possibility here. Everybody's done rationalizing the idea that the accusations SCO is making is frivilous (and they very well could be, not saying they're not) and nobody's saying "What do we do if they win?"

    You all can probably understand why I'm posting anonymously. I will be watching this post for comments. I don't want to hear every dickhead zealot telling me why SCO can't win, but I would like to hear about some of the steps being taken to a.) Prevent this from happening again and b.) to minimize the damage to both Linux and its userbase.

    1. Re:I'm going to laugh... by Quill_28 · · Score: 1

      Oh I have thought of this possibility many times.

      I have also thought of the possibility if GNU stuff had no teeth in court.

      It the first time I have ever foud legal junk to be the least bit interesting.

  104. I think.... by Codifex+Maximus · · Score: 4, Insightful

    Stallman has been waiting for the opportunity to speak and this subpeona gives him a venue.

    SCO may get more than they bargained for.

    --
    Codifex Maximus ~ In search of... a shorter sig.
    1. Re:I think.... by Anonymous Coward · · Score: 0

      Amen my brother.

      That was my initial reactio as well. RMS is the perfect guy for this battle. He's been fighting the good fight for years, I'll bet he's giddy just thinking about it.

      Warmest regards.

    2. Re:I think.... by pixel_bc · · Score: 1

      > Stallman has been waiting for the
      > opportunity to speak and this subpeona
      > gives him a venue.
      > SCO may get more than they bargained for.

      Not likely. He'll be compelled to answer questions their lawyers ask him -- it won't be a situation where they'll just put him up on a soapbox and allow him to jabber away.

      The questions will, of course, be very narrow, not open to much interpretation, and designed to further SCO's case.

      If anything, this is likely to be a right PITA for everyone involved.

    3. Re:I think.... by Short+Circuit · · Score: 1

      Remember that IBM gets to ask him questions, too. And they may be much more open-ended.

    4. Re:I think.... by pixel_bc · · Score: 1

      Good point -- missed the flipside, I guess.

    5. Re:I think.... by gabbarsingh · · Score: 1

      Kinda like the John Galt speech. 'Stallman speaks'

    6. Re:I think.... by gmhowell · · Score: 1

      I think you just blew my mind. An accurate, serious comparison between Stallman and John Galt. That's kind like two objects trying to occupy the same place in space/time.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    7. Re:I think.... by http · · Score: 1

      Try removing the space after the ellipsis?

      /http ducks, and backs away giggling.

      --
      If opportunity came disguised as temptation, one knock would be enough.
      3^2 * 67^1 * 977^1
  105. Too late - SCO has them beat: by Anonymous Coward · · Score: 0

    SCO must have already hired Johnny Cochran to the fight the GPL. Just look how the Chewbacca Defense applies to it:

    Ladies and gentlemen of the supposed jury, I have one final thing I
    want you to consider: (pulling down a diagram of Chewie) this is
    Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but
    Chewbacca lives on the planet Endor. Now, think about that. That does
    not make sense! (jury looks shocked)

    Why would a Wookiee -- an eight foot tall Wookiee -- want to live on
    Endor with a bunch of two foot tall Ewoks? That does not make sense!

    But more importantly, you have to ask yourself: what does that have to
    do with this case? (calmly) Nothing. Ladies and gentlemen, it has
    nothing to do with this case! It does not make sense!

    Look at me, I'm a lawyer defending a major record company, and I'm
    talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I
    am not making any sense. None of this makes sense.

    And so you have to remember, when you're in that jury room
    deliberating and conjugating the Emancipation Proclamation... does it
    make sense? No! Ladies and gentlemen of this supposed jury, it does
    not make sense.

    If Chewbacca lives on Endor, you must acquit! The defense rests.

  106. stolen code found by drxyzzy · · Score: 1, Funny

    This just in - SCO has finally announced the stolen source in the
    Linux kernel. It amounts to exactly 17,351 occurrences of
    int i;
    also infringing are occurrences of
    i++;
    and
    return;
    "And that's just the tip of the iceberg" a SCO source reported.

  107. SCOundrels by oldstrat · · Score: 4, Insightful


    So this is it.

    SCO takes off the wrapper and makes it absolutely clear that it intends make an attempt to destroy Open Source.

    There can be no other reason for delivering subpoenas on Stallman and Cohen, to a lesser degree Torvolds.

    They are going to go after the license, they almost _have_ to try and discredit GPL after distributing the code themselves.
    They can't shine a light of accusation at IBM until they have done so.

    I think it's time that the FSF put a call in to the ACLU.
    Even with the help of IBM this portends to be big, dirty and long.
    The stakes go much deeper than software they go to the heart of freedom and a free society.

    1. Re:SCOundrels by Progman3K · · Score: 1

      It's very easy to defend; the GPL is not usury, so they cannot claim monetary damage or malfeasance when the agreement clearly informs you that you are free to not use the code if you do not agree to the terms.

      It's actually the FIRST license I've ever read that tries to be clear BEFORE you open the packaging as to what it's all about.

      So there. Firmly grounded in the ideals of freedom that the framers of the constitution put forth, is a totally honest license, and neither SCO, nor Microsoft can claim as much.

      Clearly an abuse of the american judicial system, even worse than ENRON for the way they tried to hijack freedom in software, the people behind this ridiculous case shall be accountable and be made to reimburse us all for their collosal waste of judicial resources and the public's time.

      Thank you.

      --
      I don't know the meaning of the word 'don't' - J
  108. Monkey see, monkey do by whig · · Score: 1

    This is SCO's legal "strategy."

    IBM subpoenaed a bunch of SCO investors, so of course SCO subpoenas a bunch of Free Software / Open Source people. This is funny shit.

    What makes it especially funny is that the people they are sending subpoenas to (Stallman, Torvalds, et al) are gonna be absolutely helpful to IBM's side of the case, and not remotely useful to SCO.

    Hoist by their own petard, they are.

    --
    Peace and love, y'all
    1. Re:Monkey see, monkey do by JSBiff · · Score: 1

      Mmmmm, well I generally agree with you. . . though I could *potentially* see Stallman being helpful to SCO. Not directly helpful as in bringing evidence to their side. But indirectly helpful by being an easy target for SCO to use to represent the Linux developer community.

      Stallman takes the hardest line that proprietary software is evil. Now, granted it's a jump from "Proprietary Software is evil" to what SCO will likely try to get the judge and/or jury to believe. . . namely that Linux developers have stolen code from poor little old SCO and dumped it into the Linux kernel in an attempt to destroy Unix, and from there to further de-stabilize proprietary software vendors by continuing to steal code and ideas (I didn't know you could own ideas, but whatever. . .).

      If SCO wants to portray the free/open source - software communities in a bad light, Stallman is prime witness #1. Now, that doesn't necessarily mean that Stallman will play right into their hands. I expect that RMS will go into this well-prepared, and I think Linux will come out right.

      As long as RMS can control his temper and his tongue. . .

    2. Re:Monkey see, monkey do by moncyb · · Score: 1

      There is one problem with your little theory. Stallman isn't a Linux developer. Harassing people on the mailing list are the only "contributions" he has made to the Linux kernel.

    3. Re:Monkey see, monkey do by salesgeek · · Score: 1


      Hoist by their own petard, they are.


      I agree. I can't think of one reason to subpoena these people unless they are trying to prove the chain of custody for some information. I'm surprised the publisher of Minix hasn't been drug out of the woodwork...

      --
      -- $G
  109. Don't forget SUN also . Link. They are licensed. by zymano · · Score: 1
  110. An ignorant OSS question by Anonymous Coward · · Score: 0

    Does the Unix System V kernel pre-date the 2.4 or 2.5 kernels?
    Given that the Linux Kernel source is OSS what is to stop the source code "infection" going the other way? Whats to stop Unix System V code being copied from the 2.4 or 2.5 kernels? It would certainly be a lot easier. Unless there is some way of proving that the System V code contained the disputed code at some point in time (historical, verifiable repository) it could have happened the other way round, surely. The Linux kernel on the other hand has numerous historical, verifiable repositories (impossible to manipulate and back-date).

  111. NEWSFLASH by Anonymous Coward · · Score: 0

    SCO subpoenas the entire population of the Earth and says that it can't comply with IBM until they recieve 100% compliance to their reasonable demands.

    A SCO spokesman is quoted as saying, "Since, every living human being on the planet is potentially a linux user, we thought it was necessary to call them to task for their potential linux-leaning thoughts. We are also looking at the current linux use in the dolphin community."

  112. What we are witnessing is... by Anonymous Coward · · Score: 1, Insightful

    the flailing and desparate acts of duress and intimidation from a bunch of bottom feeders that know they don't have a chance in the world of winning anything here.

  113. Mod him up! by Anonymous Coward · · Score: 0

    Funny stuff...

  114. RMS on the stand. . . Oh no!!! by JSBiff · · Score: 4, Insightful

    Well, perhaps in a courtroom he will present himself a little better. Hopefully Eben Moglan will get him cleaned up, and prepped on what to talk about. Don't get me wrong: I like Richard Stallman. But, I've seen him at some Linux conventions, and some of the hardlines he takes makes him a good target for Red-Baiting.

    I dunno, I just remember thinking at the shows I saw him at that, well, he's very good at evangelizing geeks about Free Software. But put him on the stand in a courtroom, or in some other very public setting, and he might do a good job of alienating the general public.

    I truely hope that I'm wrong. Really, I do. Let's just say I think RMS might need to work on his people skills, and personal appearance, a little bit before getting on the witness stand.

    1. Re:RMS on the stand. . . Oh no!!! by Anonymous Coward · · Score: 0

      On the contrary, RMS would be an excellent witness in a courtroom, at least as far as the lawyers of concerned. He is extremely careful and consistent in his statements, unlike many others (especially SCO).

      Good people skills usually means being irrational and inconsistent when it makes social situations more convenient. Often manipulative and dishonest people have "good people skills" (to some extent). But that's exactly the opposite of what is good in a courtroom. Usually the type of manipulative, dishonest people who say one thing one moment and something entirely different another avoid letting things go to court entirely (I know from experience).

      Appearances should not matter. Period. However, if it turns into a jury trial, it'll probably degrade into a popularity contest anyhow...

  115. Also.... by Anonymous Coward · · Score: 0

    In other news SCO has filled subpoenas on random people it feels has "ties" to the OSS community.

    Name such as Linus and Pepperment patty from the peanuts gang.

    God that list looks like they randomly chose people whose names sounded famous.

  116. uh-oh... by h4x0r-3l337 · · Score: 1

    The *last* thing you want is for Stallman to be called to the stand. He's not exactly know for his tact and calm demeanor...

  117. Hand up, everyone who saw this coming by why-is-it · · Score: 5, Interesting
    I read in an interview that Linus suspected that he could be drawn into this lawsuit, although he wasn't particularly interested in being drawn into a disagreement between SCO and IBM over contractual arrangements.

    It's surprising that they didn't include Bruce Perens and/or ESR in their list. Those two have been pretty involved in pointing out SCO's FUD. SCO even implied that ESR was being paid by IBM to attack them!

    I'm not sure what the point of sending a supoena to RMS is though. Perhap the braintrust at SCO is unaware that free software != open source software? I'm sure he would be happy to send them a copy of the free software manifesto. It might not hurt if he sent them a copy of the BSD ruling as well.

    If SCO ever had a plan beyond:
    1) Sue IBM
    2) Get bought out by IBM
    3) Profit
    they are doing a very good job of hiding it. It just looks like one ad-hoc decision after another. Since they initiated the proceedings against IBM, the chewbacca defense isn't an option, and it is difficult to see any coherent strategy at work here.

    Of course, slashdotters are not the intended audience. SCO is playing to the analysts who will repeat what they have been told about SCO's claims being legitimate in order to keep those share prices up there. It is obvious that SCO is not interested in speaking to people who know something about software and technology.
    --
    *** Where are we going? And what's with this handbasket?
    1. Re:Hand up, everyone who saw this coming by Anonymous Coward · · Score: 0
      Since they initiated the proceedings against IBM, the chewbacca defense isn't an option, and it is difficult to see any coherent strategy at work here.

      No, that's exactly the point. This is not a defense, it's an attack. And in SCO's case, it's the Chewbacca (and Han Solo) attack, i.e. run at them headlong, screaming and bellowing and acting as crazy as possible, hoping they'll be so intimidated by such a wanton display of craziness that they'll retreat in the opposite direction.

      Well, that method only works until they run into a blast door and turn around to confront the attacker. Hopefully the courts will provide that blast door REAL FUCKING SOON NOW.

    2. Re:Hand up, everyone who saw this coming by criquet · · Score: 1

      Their plan is to tie up this case as long as possible by introducing as much confusion as possible. The longer it takes, the worse it is for Linux because this will still be hanging over it.

    3. Re:Hand up, everyone who saw this coming by rgmoore · · Score: 1
      It's surprising that they didn't include Bruce Perens and/or ESR in their list.

      There are much better reasons for talking to Linus and RMS than there are for talking to ESR or Bruce Perens. Linus obviously knows more than anyone else in the world about what code is in the Linux kernel and how it got there. Since that's the single most important factual issue in the case, it shouldn't be at all surprising that SCO wants to ask him questions. Similarly, RMS is an expert on the GPL, which is clearly relevant to IBM's claims of GPL infringement by SCO. Both ESR and Bruce Perens are vocal advocates of Open Source Software, but they lack the depth of case specific knowledge that makes Linus and RMS such good targets for the subpoena.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    4. Re:Hand up, everyone who saw this coming by Anonymous Coward · · Score: 0

      The whole idea that Linux knows where the code in the Linux kernel came from better than anybody else seems silly to me. I mean, isn't it all public? Can't a person/company find all this information w/o having to subpoena anybody? I don't get it.

    5. Re:Hand up, everyone who saw this coming by Anonymous Coward · · Score: 0

      > SCO even implied that ESR was being paid by IBM to attack them!

      ESR implied that he was being paid by IBM to be a "unix history" trial consultant.

      And there was a 100% probability that Linus would get dragged into this, since he's the guy who merges the code. Don't forget that Linus is also getting paid by IBM (indirectly through OSDL).

    6. Re:Hand up, everyone who saw this coming by e_armadillo · · Score: 0

      This is a dog and pony show. SCO wants to win this in the media, so its all about the ratings . . . Subpoenaing a well know figure like Linus makes for a much better headline than sending a subpoena for a data repository.

  118. Are subpoenas enforcable on foreign citizens? by wolenczak · · Score: 1

    I wonder... I'm not from the US neither related to the US with a working permit, visa, etc... but let's assume that for any reason I receive a subpoena from a US based company, say SCO. I'd just say, WTF. Is this the case of Linus?

    1. Re:Are subpoenas enforcable on foreign citizens? by fishbowl · · Score: 1

      If merely being a foreigner made you exempt from a country's laws, what kind of order would that country have? When you are in a country, you are expected to obey that country's laws, whether you are a citizen or not.

      If you're not *in* the US, that's another story. But Linus made the decision to move to California from Finland.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Are subpoenas enforcable on foreign citizens? by iggymanz · · Score: 1

      in the eyes of the U.S. law, he is a "U.S. resident"; he *has* to go to court

    3. Re:Are subpoenas enforcable on foreign citizens? by trailerparkcassanova · · Score: 1

      If you don't show up the judge issues a bench warrant for contempt of court. Then a detail of jarheads comes to your house, yanks you out of bed and throws you in the back of the humvee that takes you to the waiting C130 that will fly you down to Guantanamo Bay where you'll wait for another opening in the judge's docket. Then you'll know the meaning of WTF, pard'ner.

    4. Re:Are subpoenas enforcable on foreign citizens? by LibrePensador · · Score: 1

      Bullshit. You are not going to be treated like a terrorist for failing to respond to a subpoena in a civil matter. You may be jailed or be made pay a fine.

      --
      Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
    5. Re:Are subpoenas enforcable on foreign citizens? by kalidasa · · Score: 1

      If you're living or working or doing business with/in the US, yes, you have to respond to the supoena.

    6. Re:Are subpoenas enforcable on foreign citizens? by oni · · Score: 1

      please don't feed the trolls.

  119. Go RMS! by Anonymous Coward · · Score: 2, Insightful
    I for one think RMS will relish this new platform!

    In case you haven't figured it out SCO, RMS ain't stupid and has the potential to eat your lawywers for breakfast.

    1. Re:Go RMS! by Anonymous Coward · · Score: 0


      RMS for President 2004!

  120. I think I see what they're up to... by Minwee · · Score: 1

    SCO Lawyer: State your name and latest movie.
    Witness: Uhh....George Lucas, and Star Wars: Episode One, The Phantom Menace.
    SCO Lawyer: And do you think The Phantom Menace was as good a movie as Empire?
    Witness: Why certainly....I think it's the best movie I've made to date.
    SCO Lawyer: [to judge] Permission to treat this witness as hostile. Mr. Lucas, how do you explain that when in Star Wars Obi-Wan told Luke that when he met him, his father was a great pilot, but in Menace he's just a little boy?
    Witness: W-well my kids thought....
    SCO Lawyer: And how come Obi-Wan tells Luke that Yoda is the Jedi that trained him, but in the movie, Liam Neeson trains Obi-Wan?
    Witness: Th-the Power of Myth....
    SCO Lawyer: Isn't it true that you knew this was a bad movie?! That you wrote it over a weekend, but kept tellin' people that it was done for years?
    IBM Lawyer: Objection your honor! The pod-race was pretty cool.
    SCO Lawyer: May I remind the court that your honor has never been in a George Lucas movie? And you were age-appropriate for the Liam Neeson role. Judge: I'll allow it.
    SCO Lawyer: I want my eight bucks back!
    Witness hands him his money back.
    SCO Lawyer: Get him out of my sight! The defense now calls....Steven Spielberg.

    1. Re:I think I see what they're up to... by walterbyrd · · Score: 1

      And why is sentor, formerly queen, Amidala; appauled at the idea of a dictator?

      You know it will just end up with the Wookie defense.

  121. The Holy War is on, my kingship by Anonymous Coward · · Score: 0

    "The evil order of the Scowh is targeting six different figures or councils. Those include the Novus realm of the scribes; Iesus Torvalius, holy creator of the Iesii realm; King Richard Stallman of the Penniless Court council; Nobleman Stewart Cohen, supreme ruler of the High Alchemy Laboratory; and Sir John Horsley, general counsel of Trinity."

  122. No front row seat by sleepingsquirrel · · Score: 0

    Since he's been subpoenead, he won't be allowed to view the courtroom proceedings, lest he be tainted by other witnesses testimony. Prosecutors some times supoena criminal defendant's friends and family members just so that the defendant is more disoriented by not seeing any familar faces in the courtroom. Although I suspect that's not the case here.

  123. No GNU for you! by Anonymous Coward · · Score: 0

    Does bringing the Soup Nazi into a discussion invoke Godwins law?

    Or would it be Seinfeld's law?

  124. It's about that time again by rootfinger · · Score: 1

    Their stock (SCOX) goes down, SCO issues another ridiculous, headline grabbing press release, their Stock goes up again. It'll be interesting to see how long they can keep this going without setting foot in court, or running out of stupid publicity stunts.

  125. Will Linus go? by Jack9 · · Score: 1

    If I was say, a citizen of the United States, and say, got a sopoena for court in Saudi Arabia over a dispute involving GETTING HEADS CHOPPED OFF, why would I go?

    I would prefer Linus IGNORE it and demonstrate what I believe is a better path (circumvention through avoiding jurisdiction) to the current attempt at playing the US Legal System lotto (using Stallman's methods of promoting alternate contractual models).

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
    1. Re:Will Linus go? by iggymanz · · Score: 1

      err, Linus lives in California....

    2. Re:Will Linus go? by Jack9 · · Score: 1

      Was not aware. Ethical predicament stands. Would I bother going to Saudi Arabia? If they were funding my company I would. I guess that means that while Linus has always mocked the US legal system, he still thinks a better paying gig is worth having to deal with it? I guess I'm just shocked he actually moved here. He knows someone will eventually sopoena him and he will have to basically barter with a legal system he has no faith in. I would never do that and I didn't expect him to do that.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    3. Re:Will Linus go? by iggymanz · · Score: 1

      If any of his children were born here they are U.S. citizens. A "U.S. resident alien" has to obey the same laws as a U.S. citizen, with the added bonus that they could be incarcerated by the INS and/or deported in some cases if they break the law, beside the normal other penalties the rest of us would get. Not a good option for a married man

  126. Tickets? by Anonymous Coward · · Score: 0

    When do tickets go on sale? That'll be an awesome show...

  127. Courtroom Drama by sporktoast · · Score: 1


    Is anyone else starting to think that SCO's secret last resort will be David Boies screaming

    "I'm out of order? You're out of order! This whole trial is out of order!"

    --
    In a related story, the IRS has recently ruled that the cost of Windows upgrades can NOT be deducted as a gambling loss.
  128. PANIC! by Anonymous Coward · · Score: 0
    Yep, I expected that to happen. Whatever IBM does, SCO has to top, especially since their stock went done about $2.50 since the subpeonas. They're up $0.25 since I wrote this, but that's hardly a recovery.

    IBM's stock is doing it's usual squiggle in the upper $80s/lower $90s, but it's up by average in the last few days.

    So SCO is hurting from this, so they gotta stike back.

  129. Begging for penalties? by coyote-san · · Score: 1

    IANAL, but isn't this begging for the court to slap them with penalties?

    IBM has the right to get answers from SCO, but the latter has been dragging its feet. So, in an effort to move the case forward, is talking to the people SCO has been talking to, the analysts and investors. It's harsh, but with SCO refusing to answer questions it's the only choice.

    But what possible connection do Linus, Richard, et al have with IBM? AFAIK they are have never been employees of IBM, never been briefed with proprietary information, etc.

    In other words, what possible grounds do they have for being named? If SCO can't show some good reason for harassing uninvolved parties, will the judge finally impose sanctions?

    And perhaps at least as importantly, will Linus et al finally realize that tolerance does not have to extend towards those who deliberately and consciously mean you ill? They have the right to order a DMCA smackdown on the SCO website and it's time they forced it off the net if SCO continues to flaunt copyright law and harass the legal copyright holders. SCO has made it position clear - somebody is going to be bankrupt by the end of this and the time for remaining on the sidelines is long past.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  130. Re:Criple Fight!!!! by Codifex+Maximus · · Score: 2, Interesting

    > While attentions are diverted from Microsoft
    > they are rebuilding. Once the dust of the
    > present war ends Microsoft will step in,
    > fully rested, and pick up where it left off
    > however they will be fighting a tired and
    > battle weary enemy.

    Let's tell it like it really is ok?

    While attentions are diverted from Microsoft, they are attempting to circumvent the letter of their agreement with the DOJ (such as it is). Once the dust of the present war ends, Microsoft will step in, with an untried codebase, and pick up where it left off. However, they will be fighting a battle hardened and litigation tested enemy.

    Now, that is more to the point of it isn't it?

    --
    Codifex Maximus ~ In search of... a shorter sig.
  131. My grandfather used to say... by IgD · · Score: 1

    (A pathologist who used to testify in court frequently about medical cases)
    "A subpeoned witness is a hostile witness"

    1. Re:My grandfather used to say... by Anonymous Coward · · Score: 0

      Your Grandfather???
      My grandfather .. MY ... GRANDFather .. used to say... "Boy that SCO company really sucks a lot of balls!! doesn't it ? Why do people like that even exist ?"

      There.

  132. Media Coverage of SCO by Anonymous Coward · · Score: 1, Informative

    For those in Utah, the local NBC affiliate, KSL Channel 5, will be broadcasting a story about SCO v. IBM tonight at 6:30. Be sure to watch and send any comments/corrections to them. This is SCO's home turf, and the more negative media coverage we can get, the better.

    1. Re:Media Coverage of SCO by Anonymous Coward · · Score: 0

      KSL-TV is the Mormon church's television station, licensed to their subsidiary Bonneville Communications Corp.

      It'll be interesting to see how they spin this story. My guess is that it'll be in favor of SCO (in which the Mormon church also has a minority ownership via Canopy Group's investors) and against The Big Evil Outsiders' Conglomerate (IBM).

      This is not intended to trash Mormons. It is a statement of fact. They have a financial stake in both SCO and KSL-TV. I don't expect objectivity here.

    2. Re:Media Coverage of SCO by perrye · · Score: 1

      Here is KSL-TV's search page. I don't this SCO subpoena article in the search results yet.
      KSL-TV even has a side bar of /. articles.

    3. Re:Media Coverage of SCO by perrye · · Score: 1

      KSL-TV has posted a new article: Utah Software Company Suing IBM
      It is slightly SCO biased, and rather shallow. What else do we expect?

  133. SCO is stalling-Where is the infringing code? by Anonymous Coward · · Score: 0

    SCO subpoenas has nothing to do with the stall tactics SCO has in place. IBM said "Where's the infringing code?" a month ago(?) and SCO has yet to offer a even snippet. The judge has issued a warning to SCO and nada. SCO could facing liability in a few short month and holding their stock becomes a greater gamble. Unless there's a "stop the presses" revelation in the next few months now would be a good time to sell.

  134. Subpoenas Envy by loteck · · Score: 1
    Surely there is some kind of pill they can take for this.

    My lawyer always told me that quantity didn't matter.

  135. Re:Criple Fight!!!! by Pharmboy · · Score: 4, Insightful

    Two outta three ain't bad. They can embrace and attempt to extend, but since they can't buy the IP they can't extinguish....

    The real catch is the fact that if they embrace and extend, they have to open the source, which would be instantly forked without their contributions. They can't extinguish something they have to have in the open. If they DID embrace a program, lets say Mozilla, and then added some crapola that was MS only specific, called it Billzilla, then two years later dropped it. They have to show us the code, and the Bill part of the zilla would be stripped out instantly, and any good stuff would be left in. They can't kill it.

    GPL is like the Borg in one way, you can't kill it. You can't revoke the license, you can't make any software under the GPL go away. It lives forever, and not even the copyright holder can kill it, because I can always take the last release and fork it, change the name (leave the copyrights) and release it. It's like Freddy Krugar, with #comments.

    --
    Tequila: It's not just for breakfast anymore!
  136. They really like to say "million" over at SCO by allanbjork · · Score: 1

    SCO's Stowell said his company provided about a million pages of documents in response to IBM's requests.

    First it was a million lines of code, and now it's a million pages of documents. Do they actually know how big a million really is or it just speech impediment that one acquires as they agree to work for SCO?

  137. Re:Criple Fight!!!! by emptybody · · Score: 1

    I agree with you.

    Unfortunately, it seems that these companies are hell bent on killing each other rather than on bettering themselves (which would accomplish the same goal and at the same time make the worls a better place for many).

    --
    comment directly in my journal
  138. Awww by FrostedWheat · · Score: 1

    When I first glanced at the subject, I thought it read:

    SCO Subpoenas back Fires

    Which they might yet do... RMS? Are they mad?

  139. relationship by rodentia · · Score: 1

    SCO knows they don't have a leg to stand on. They are plugging this in the court of public opinion. You've heard Darryl recently. He is going to be addressing somebody's conference about the *threat of Open Source Software*. They really do want to make this a fight about the whole notion of software libre.

    Their only prayer is that some reactionary hack on the way up the judiciary food-chain decides that OSS really is some pinko conspiracy to bankrupt vital American commercial interests. Meanwhile, sell! sell! sell!

    --
    illegitimii non ingravare
  140. Hard Copy vs Soft Copy and Existing SCO Source by ebresie · · Score: 1

    I was wondering if anyone can confirm what I read previously over at Groklaw that IBM received hard copies of the information requested about source code items but not soft copies which they could use to do some computer based comparisons. (See "All SCO has turned over so far, IBM says, is that paper printout" )

    If IBM supposedly has the source, based on past agreements made (surely they can find that tape, CD, or archived file somewhere) that they "stole" the information from, can't they use this source to compare against existing linux source to compare for similarities, similar to what SGI did? If IBM doesn't have these, then it seems like SCO is in violation for not providing this information, but I'm sure this is not the case.

    I know doing comparisons does SCO's work for them, but this is the only way they will likely identify any possible similarities, especially since SCO is so reluctant to provide details. Once they are identified, then do a check on these files for all those who have made changes to this file and figured out whom he worked for at the time. And also once found we can compare against existing openly available versions of source to ensure that this information was not freely available by some other means in an earlier version.

    --

    Eric B
    ebresie@gmail.com
    1. Re:Hard Copy vs Soft Copy and Existing SCO Source by SillySlashdotName · · Score: 1

      If IBM supposedly has the source, based on past agreements made (surely they can find that tape, CD, or archived file somewhere) that they "stole" the information from, can't they use this source to compare against existing linux source to compare for similarities, similar to what SGI did?

      Sure they COULD, but they don't have to - SCO has to specify the violations but they are not. IBM is not required to do SCOs legal research. Either SCO does their own, or it gets thrown out.

      It is not enought for SCO to say IBM is infringing "somewhere" and IBM has to figure out where. In court SCO has to show EXACTLY where.

      Supposedly, SCO found a (some?) specific, identifiable instance(s) of SCO controlled source code in something IBM had released into the wild which prompted the lawsuit. IBM is saying "tell us what you found." SCO seems to be saying "you tell us what we would have found if we had looked." Not anything IBM is required to do -under US law.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  141. THEY'LL NEVER GET THE BASTARD TO SHUT UP by Anonymous Coward · · Score: 0

    It's strange but, I almost feel sorry for the SCO lawyers. Just so long as Slashdot doesn't post a transcript of RMS' ramblings, I'm down with it.

  142. I'm sure they'll find TONS of copied code!!! by L*stB*y · · Score: 0, Redundant

    i++; every where! the thieving anarchists!

  143. in the courtroom... by roger55 · · Score: 1

    blah blah ....Linux....blah

    Gnu/Linux!

    Gnu/Linux? What do you mean?

    Gnu is Not Unix./Linux Is Not UniX

  144. Not at all by judd · · Score: 1
    Actually, he looks like Jesus.

    Spot the difference.

    1. Re:Not at all by BOFHelsinki · · Score: 0

      That AOL Jesus sure doesn't look like he's from the Bethlehem region...

      Besides, everybody knows Linus is Baby Jesus.

  145. Stallman on the stand? & Queer Eye by supabeast! · · Score: 2

    Is anyone else really, really afraid of putting Stallman on the stand? If that got televised Microsoft would have a field day showing off what a kook the leader of the anti-American commie GNU army is.

    We should do whatever it takes to get Stallman on Queer Eye. Only the fab five can get him cleaned up and into an outfit that won't make him look like a nut.

  146. THAT'S GNU/SUBPOENA YOU ASS HAT!!! by Anonymous Coward · · Score: 0

    Sheesh, you think people would have learned by now.

  147. My fantasy: Geeks on the stand by karlandtanya · · Score: 4, Funny

    Attorney: Isn't it true that you stole code from SCO?

    Geek: Yes.

    Attorney: What? So, you did steal code from SCO?

    Geek: No.

    Attorney: I'm confused, now, did you or did you not steal code from SCO?

    Geek: Yes.

    Attorney: Your Honor, I would like to treat this witness as hostile.

    The Court: The witness is directed to answer only "yes" or "no".

    Attorney: AAAARRRRGH!

    Geek: Hmmm...Is is Sept 19 already?

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  148. SCOs' Strategy by jte · · Score: 5, Insightful
    This may seem perverse to members of the OS community but by serving subpoenas to Linus Torvalds and Richard Stallman, I'd say SCOs' PR strategy (via legal recourse) is aiming to discredit them as leftist/socialist/communist subversives (don't laugh) to the American pro-capitalist mainstream.

    Consider SCO statements that claim "the GPL is unconstitutional" or the philosophy motivating linux is to "destroy commercial software".

    I'll bet the questions directed toward them will include references to RS social contentions posted on his web site and perhaps if Linus Torvalds is - "a devoted communist, like your father".

    the mind is its own beautiful prisoner

    1. Re:SCOs' Strategy by debest · · Score: 0

      by serving subpoenas to Linus Torvalds and Richard Stallman, I'd say SCOs' PR strategy (via legal recourse) is aiming to discredit them as leftist/socialist/communist subversives (don't laugh) to the American pro-capitalist mainstream.

      Hmmm, a VERY intriguing thought! This falls in well with the theory that Microsoft is pulling the strings at SCO. SCO goes down in flames after losing the legal battle, but GPL'd software (and all open-source software by association) loses a lot of luster in the publicity battle. If they can't kill free software with the legal system (yet), then they slow it down as much as possible until they CAN kill it with the legal system!

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    2. Re:SCOs' Strategy by samantha · · Score: 1

      Note that the above quoted statements are directly out of statements various M$ officials have publicly made. Not enough to prove M$ collusion with SCO but definitely grist for the mill.

      In a decent country this suit would have been thrown out a long time ago. That any old company can sue and tie up people indefinitely is an affront to all rational people.

    3. Re:SCOs' Strategy by DataCannibal · · Score: 1

      yes, but court cases are not decided on public opinion. And thank God for that I say.

      I have no worries about RMS appearing in court (if i ever comes to that, a subpeona, as far as I understand the american legal system, is a request for information) he'll be well prepared, knows his stuff and doesn't need to lie, bluster or bullshit.

      I hope this goes out live on TV

      --
      No but, yeah but, no but...
    4. Re:SCOs' Strategy by Anonymous Coward · · Score: 0

      Worst case scenario:

      Judge: All of you are socialists/communists and what you have been doing is illegal. You can't give source code away for free.

      Linus: Ok, I will give source code away for $0.2, that's legal isn't it?

      Judge: Right.

      So nothing will change except that the linux CD will cost $10.2 instead of $10.0.

  149. WTF?!?! This has to be the STUPIDEST thing yet... by iceT · · Score: 1

    Perhaps SCO has forgotten what their lawsuit is about... I mean, what do 'the biggest names in Linux' have to do with IBM violating their license agreement with SCO? None of them work for IBM. SCO isn't suing Linux, or these guys. Hell, they're not even directly challenging the GPL in this lawsuit.

    Who's next? Rush Limbaugh? Cher? My MOM!?!?!

    So, could Linus, Richard, Bruce, or even the FSF file a "one beeellion dollar" defamation of character lawsuit against SCO for alledging that they where somehow implicated in this lawsuit with IBM...

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  150. Good! by NetNinja · · Score: 3, Funny

    Linus being subpoenaed should be able to bring the code that SCO says in violation of thier licence.

    Linus: "Please show me the code that is in question".
    "That's it? Fuck here is the fix. Case closed.
    By the way you owe me a palne ticket and $2000.00 for my time."

  151. How About?? by Anonymous Coward · · Score: 0

    How about everyone just file a suit against SCO in small claims court wherever you live. SCO is not allowed to use a lawyer in small claims court, and with enough suits filed they won't be able to appear in every case, and then they lose by default. The amounts awarded in small claims are peanuts, but with enough suits filed and won the peanuts can add up to some pretty big elephants!

    1. Re:How About?? by Anita+Coney · · Score: 1

      "SCO is not allowed to use a lawyer in small claims court."

      I have no idea where you got that idea, but it's utterly wrong. In the US individuals can either hire attorneys are represent themselves. However, corporations can only be represented by counsel. Thus, SCO, could only be represented by an attorney.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:How About?? by Anonymous Coward · · Score: 0

      I beg to differ, see this (among many others):

      Legal Research

      How does the small claims court work?

      In most instances, lawyers are not allowed in small claims court,
      so you must represent yourself. However, you can talk to a lawyer
      beforehand. This true whether you are the "plaintiff" - the person
      is suing - or the "defendant" - the person being sued. Small claim
      courts are informal. They do not have complicated ways of doing
      things. No one is allowed to make objections. And there are no
      juries. Cases move quickly.

    3. Re:How About?? by Anonymous Coward · · Score: 0

      Actually that is half right (I'll bet the person is from California), in California, Nebraska and Michigan (there may be others) you must represent yourself in small claims court, but even in the majority of states where counsel IS permitted in small claims, the cost of defending thousands of cases (as the author implies) would definitely be prohibitive at $200/hour, per lawyer, per case.

    4. Re:How About?? by Anonymous Coward · · Score: 0

      When you get right down to it, I just don't like Negroes. There, I've said it. Does that make me a bad person? No. It is my right to have an opinion as to my likes and dislikes. Frankly, I don't care for Negroes, be they the the tar black gorilla looking sub-human or be they a high steppin' yellow. Whatever their stripe, I just don't like Negroes. Period.

    5. Re:How About?? by Anita+Coney · · Score: 1

      First, I'm an attorney in Michigan who works daily in the courts.

      Second, you said that "you must represent yourself." Who is the "yourself" in a corporation?! The CEO, the primary stock holder, the janitor?! It's a simple fact that none of those people could represent the corporation because they'd be practicing law without a license.

      While you can represent yourself regardless of whether you're an attorney, you can ONLY represent someone else if you're an attorney. Thus, any corporation would have to be represented by counsel.

      The Court I work at has defaulted corporations before because the owners were under the erroneous belief that they could represent the corporation himself. Unless they are attornys, they cannot.

      Lastly, the information in the link is erroneous. It may be true that when individuals sue each other a court could forbid lawyers, e.g., minor property disputes, but if a coporation is sued, it can only be represented by counsel.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  152. INAL, but haven't they admitted to something here? by Anonymous Coward · · Score: 0

    Totally related, on SCO's site they have a link under the press area to this case. Two of the links, Sept. 25th and Oct 24th, refer to IBM's Amended Counter Claims Against SCO, and SCO's Answer to IBM's Amended Counter Claim's, respectively.

    You can see that in item 9 on the first (which SCO agrees to on the second), IBM states Over the years AT&T liscensed Unix to many thousand persons or entities.

    Doesn't that just mean that the license they admitted to existing existed before the license they are now trying to instigate? Why would they agree to this?

  153. Where Do I Buy Tickets? by Grail · · Score: 2

    I really, really want to see this event - it's one of those "mustn't be missed" extravaganzas.

    Linus Torvalds and Richard Stallman in the same court room? With IBM lawyers too! No doubt Eric Moglen will be present in some capacity.

    Please tell me where I can buy tickets to this show? This is going to be a demonstration of The American Way at its finest, I'm sure - forget the shallow charades involved in the Microsoft antitrust case - this is the real thing!

    I can't wait for the director's cut DVD...

    1. Re:Where Do I Buy Tickets? by Zoolander · · Score: 1

      Maybe they could have it on 'Court TV' on the web? It sure as hell would be more interesting than the Simpson case, anyway.

      --
      Meep.
  154. Fire back?! by Anita+Coney · · Score: 4, Interesting

    Mmm... IBM requested proof of SCO's claims. That's how our system of "justice" works, the plaintiff files a case then proves it by providing evidence.

    In alleged response to IBM's request, SCO filed a bunch of its own subpoenas. Exactly how is that "firing back"?! The only way SCO could "fire back" is by responding to IBM's request, i.e., PROVE ITS CASE!!!

    SCO's subpoenas are nothing but a delay tactic. It's an attempt to avoid firing back as long as possible. SCO is not ready to let the world know it has absolutely no proof.

    For any SCO supporters out there, ask yourself this: If SCO had evidence, why is it STILL hiding it?! An author cannot sue another author for plagiarism, but refuse to tell exactly what was plagiarized!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Fire back?! by 17028 · · Score: 1

      They're firing back with bullets made of air.

    2. Re:Fire back?! by Josh+Booth · · Score: 1

      You mean an Airzooka Air Gun? So that's SCO's tactic!

    3. Re:Fire back?! by Anonymous Coward · · Score: 0
      It is firing back. You might thing it's stupid (I do), but they are doing a tit-for-tat. It will bite them hard in the end, but we both know that there aren't trying to win. That doesn't matter, it's still firing back.

      An author cannot sue another author for plagiarism, but refuse to tell exactly what was plagiarized!

      Sure they can. I can sue anyone for anything anytime I want. As bad as that sounds, it's actually a good thing. I can't figure out why the judge tossed SCO out of court, since they refuse to make a clear claim.

    4. Re:Fire back?! by ScrewMaster · · Score: 1

      An author cannot sue another author for plagiarism, but refuse to tell exactly what was plagiarized!

      Sure he can. This is America, the good ol' U S of A, where anyone can sue anyone else for pretty much anything. SCO is proving that much at least. And it wouldn't be so bad if the justice system were a little more competent at weeding out the frivolous cases.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Fire back?! by gregmac · · Score: 2, Insightful
      For any SCO supporters out there,

      Uh... you're definately posting to the wrong place to find that audience..

      --
      Speak before you think
    6. Re:Fire back?! by fishbowl · · Score: 1

      >SCO's subpoenas are nothing but a delay tactic.

      As a delay tactic, making subpoenae could easily backfire. You cannot subpoena an individual without setting a date for that individual to appear. And you cannot set that date unreasonably.

      It probably makes sense to depose Torvalds, since he is obviously a material witness. Does it make sense to depose Stallman as well? As an authority on the GPL and its legal implications, Stallman (and his counsel) certainly could be expected to be an expert.

      There won't be any courtroom drama. It could just be a telephone interview with Torvalds and his counsel on one end of the phone, SCO's attorney on the other end, both running through a list of questions that they have already reviewed. That deposition becomes sworn testimony, and could conceivably be given to a jury at some point.

      There won't be any Perry Mason moments. This case is never going to be discussed inside a courtroom, period.

      --
      -fb Everything not expressly forbidden is now mandatory.
    7. Re:Fire back?! by SillySlashdotName · · Score: 1

      You cannot subpoena an individual without setting a date for that individual to appear.

      I am not a lawyer, and I have never received a subpoena, so I don't know and am therefore asking.

      To subpoena someone, do you have to specify why that person is being subpoenaed, or are you allowed to go on fishing expeditions?

      Are subpoenas public documents? Can someone find out why these people were subpoenaed - at least the reasons given to the court?

      Specifically, I am wondering what information SCO thinks these people have that relates to a contract dispute with IBM.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  155. Isn't it an interesting coincidence.... by Anonymous Coward · · Score: 0

    ...that SCO is doing this at the same time as Microsoft's latest PR barrage declaring that "open source is dead"?

  156. embrace, extend, extinguish by pyros · · Score: 1

    That's the whole point of the GPL, MS can't use that tactic. Even if the GPl is determined to by unenforceable, common copyright law still holds effect, which says that MS can't redistribute the relevant code.

    OT PS - the cripple fight scene in South Park was taken from the fight scene between Roddy Piper and Keith David in They Live, hit-for-hit, line-for-line.

    1. Re:embrace, extend, extinguish by uberdave · · Score: 1

      What if the courts decide that GPL is equivalent to public domain?

    2. Re:embrace, extend, extinguish by pyros · · Score: 1

      I don't think the courts would have authority to arbitrarily strip the copyright holders of their copyrights like that, at least they shouldn't if they do. Even so, SCO was making the code available under the GPL for free download for months after-the-fact, so such a ruling would mean that SCO's secret IP would have become public domain too.

    3. Re:embrace, extend, extinguish by uberdave · · Score: 1

      In order for SCO to win, they must either convince the court that the GPL is trumped by the original licenses, or that the GPL itself is invalid. If the GPL is trumped by the derivative works provisions, then SCO winds up blocking, if not owning, linux. If the GPL is ruled to be invalid because, say it allows a second party to grant copyright to a third party without the first party's consent, or because the grant of permissions to copy are effectively irreversable, then they (and everybody else) can close the source to anything they previously had to leave open. The fact that they released GPLd code is irrelevant. If SCO is a pawn in the Microsoft vs Linux battle (as a lot of people seem to feel), then the fact that they released "secret" code under the GPL works to their advantage. It would take little effort to convince the courts that the GPL effectively grants everyone the right to copy, functionally there is little difference between GPL and public domain. Once code is declared public domain, it can be used and closed by anyone. More to the point, Microsoft would be able to release MSLinux, without having to release it as open source.

    4. Re:embrace, extend, extinguish by pyros · · Score: 1
      On your first point about derivative works, I fail to see how SCO could wind up owning Linux or blocking it's distribution. The most that could happen is certain versions of the Linux kernel would be illegal to distribute in the U.S., and IBM would pay a fine, possible people who disitrubted the offending versions of the Linux kernel too.

      Regarding the second point, if the GPL is deemed to be public domain, then SCO will have willfully distributed the offending code into the public domain, by disitrubting it under the GPL after stating that their copywritten code was in the Linux kernel. They announced publically that they knew it was there, and made it available on their FTP site under the GPL. That would come to light during IBM's countersuit, and shouldn't have bearing on SCO's suit for contract violation against IBM. The end result being that there are no offending versions of the Linux kernel, as any appropriated code is public domain.

  157. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    Ah.. so you're the new guy around here, eh?

  158. Now that this is America, by AchmedHabib · · Score: 1

    it is a good thing that IBM can afford justice but I guess that Microsoft is stuffing a lot of help down SCO's back pocket.

    (I don't wear a tinfoil hat, it's a plot to make you wear them and become trackable!)

  159. How can we support our leaders ? by clarkie.mg · · Score: 1

    This should be a "Ask slashdot". What can we do to support individuals who are harrassed by SCO ? Whether they will suffer or not, we should do something. I feel that as a personal attack.

    Ideas ?

    --
    Men are born ignorant, not stupid; they are made stupid by education. Bertrand Russel
  160. How many subpoenas does it take.... by smittyoneeach · · Score: 1

    ...to constitute an ad hominem denial of service attack?
    SCO, as <ahem's> meat puppet, has reachback into some pockets of functionally infinite depth.
    They can pretty much implement the death of Open Source by capilliary bleeding through litigation.

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  161. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    your business must not be very large/successful I imagine .. otherwise you'd be thinking war at every turn.

    see, big business has a group of people that "fight" the "war" .. they use a lot of pretty loaded terminology in their emails and private communications.

    Free software doesn't have employees in that sense. It has people spread out throughout the world who "fight" for it, and talk about it in public.. Some are whiny brats, some are thoughtful commentators, others stay quiet and concentrating on solving technical problems. And folks like you who just want to get their jobs done. Nobody is asking you to fight, so you don't have to.

    We need all these people. If we don't think of it as a war at some level, we'll lose. you know what "lose" means in this context? It means that not only will you not be able to choose what software comes on your computer, you won't be able to choose to *remove* it either. you won't be able to choose the product that "suits your needs". maybe the product that suits your needs is now illegal, or it's license has been crippled because while you were concentrating on your problems and customers, the big guy went straight to congress with a big check.

    What does "Win" mean? It means that Free software becomes the standard. It means that when you buy software, or download it, you don't have to worry about the license, you can just install it and get to work. It means Microsoft's software loosens it's licensing restrictions so that those of us who depend on it don't have to stay on the upgrade treadmill forever. It means laws like the DMCA and so forth are worded to favor everybody, not just the few who paid for it.

    The poster above is exactly right.. if Free software suffers a blow from this, Microsoft can move in. It's all strategy.. why do managers read "The Art of War"?

    So keep fighting the fight, everybody, so that folks like this guy don't even have to worry about it.

    PS: you don't beat tyranny by "excercising freedom" .. you have to win your freedom first.

    PPS: if you're talking about microsoft they definitely are a monopoly, that was a finding of fact if you recall.

  162. MOD PARENT UP by Anonymous Coward · · Score: 0

    obviously.

  163. no, more like star wars by erwinkarim · · Score: 0

    1. ibm made a new hope.

    2. then the empire strikes back

    3. maybe in the end there will be return of the ibm.

    cheers

  164. Well by mlerner · · Score: 0

    SCO is a big monopoly-wanna be. Although good move suing Novell they're almost dead.

  165. Please, please, SCO... by Zoolander · · Score: 0, Redundant

    why won't you just roll up and die, and save us all the trouble. You know that is what's going to happen, sooner or later.

    --
    Meep.
  166. Excuse me? by Rimbo · · Score: 1, Insightful

    With all due respect to karma, you can take your sympathy and shove it up your ass so far that it sees the daylight coming from your nostrils.

    It's one thing to be critical of the US legal system. That's fair. It deserves criticism. It -benefits- from criticism, because enough criticism and eventually someone takes note, takes action and does something that hopefully makes the system a little better.

    What I don't hear about is how much better other legal systems are. Or if I have a problem in another country, how I can address it if I don't already know the right people and can't pull the right strings. And then there's that "presumed guilty" issue so many other countries have.

    I'm not happy with our system but while you're smarmily chuckling some of us are taking an active part in improving it, and I'll take my chances with it, warts and all, over the "you are only who you know" system the rest of the world uses. I sure as fuck don't need the sympathy of some cocksucking European snob.

    Fuck you and the ass you rode in town on.

  167. Not that far off the mark. by BitwizeGHC · · Score: 1

    ESR once wrote a blog piece about how bad he felt for not getting included in the Arabic crackers' attempts to DDoS pro-American blogs. So being left out of something like this must really torque him off. He's like the Scrappy-Doo of the internet, waving his fists, going, "Lemme at 'em! Lemme at 'em!"

    --
    N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
  168. New Business Model by meplaysocr · · Score: 4, Funny

    Business Professor: Now Students, we are going to learn about business models today. Forget what you have learned about supplying a product or service to a client, that way of making money is old school.

    Business Student: But if a company has nothing to offer, how can they make money?

    Business Professor: *shakes head* There is a new approach we are going to call the 'Legal Model.' In this model you don't need a product or service, but good lawyers. You see, you get a good law firm and you target innocent people, twelve year olds are good, or even large businesses. It does not matter the reason, in fact, the stupider the reason, the more you look to gain from it. Inveritably someone will invest in your cause, your stock will go up and whether you are bought out or win, you stand to make money. Helps to use bully tactics to force settlements out of people as well.

    Business Student: But how do you plan to pay for the lawyers?

    Business Professor: Oh just give them a large percentage if you are bought out or win the law suits. Lawyers are suckers for those types of deals. It's actually incentive for them.

    Is this the Business Model of the Future?

    --

    Sig? No thanks, I don't smoke.
    1. Re:New Business Model by stevesliva · · Score: 1

      SCO apparently screwed up the "get a good law firm" part.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    2. Re:New Business Model by DocJTM · · Score: 1

      No, this is the business model of the present.

  169. What the fucking fuck? by dtaczalski · · Score: 1

    - What the fucking fuck?
    - They are smoking crack!

  170. RMS not fit to make GPL conclusion by AHumbleOpinion · · Score: 1

    I agree with you that RMS would be a fine witness but you seem to also make a broader statement that I disagree with.

    ... but this is the guy who invented the GPL! I think he understands better than most people exactly why free software is on solid legal ground ...

    He has a huge stake in one side prevailing over the other. Consciously or subconsciously this has to affect his thought process. RMS may be well qualified to make an argument for one side, but not make a conclusion after hearing the pros and cons.

    1. Re:RMS not fit to make GPL conclusion by ScrewMaster · · Score: 1

      On the other hand, he isn't required to conclude anything. He is the father of the GPL and the instigator of the Open Source movement, so no-one will expect him to be impartial, simply because he does have a huge stake in the outcome. Judges understand that and juries will be made to understand. He is there to provide information and evidence, no more ... the jury will draw the conclusion.

      --
      The higher the technology, the sharper that two-edged sword.
  171. not war? by dollargonzo · · Score: 1

    as right as you are about most consumers not willing to fight a war, which they are indeed not, to a player in the operating system market, this is very much a war. if you were a big player, such as redhat, microsoft, ibm, apple, whatever...would *you* care about the outcome of this PR spectacle?

    "oh i think you would, trebeck"

    Now, since you are not a big player in the market, you are telling the world that you do not care about the outcome of this lawsuit. now assume the worst for linux; the GPL becomes illegal, contributing to linux is deemed terrorism, and writing any operating system code without a government license violates the DMCA. naturally, this would probably not happen, but imagine it does. would you, the not-a-big-player, care then?

    "oh i think you would, trebeck"

    if you think that is not about war but instead freedom, then the war consists of the ability to exercise freedom. many wars have been fought on this basis, and while this war is mostly corporate, it has similar consequences. until you are bothered when using some software you like, you will continue to ignore all that goes on around you and use it. however, when someone comes to your door calling you a terrorist accomplice, would you care if you were told to stop using the software you have been using for as long as you can remember?

    "oh i think you would, trebeck"

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
    1. Re:not war? by DenOfEarth · · Score: 1

      Thanks for your insightful comments, I have a couple more. If I was a player, of course I would care. I didn't say in my post that I wouldn't. The parent to my original post made it seem like we, as users, had to rise up and fight the evil of microsoft. I already do this everyday running my linux box at home, and sitting with linux terminals at school. The case of linux becoming terrorism has such a small chance of becoming a reality that I don't even really consider it.

      I wage my wars, you wage yours, and as a user, I use my OS of choice whenever possible. If the laws get changed such that linux == terrorism, than continue to fight, I will.

    2. Re:not war? by ScrewMaster · · Score: 1

      More to the point ... who is trebeck?

      --
      The higher the technology, the sharper that two-edged sword.
  172. Another Conspiration? by migarg · · Score: 1

    Aren't those stories related:
    Microsoft Proclaims ... & SCO Fires back ...?

    1. Re:Another Conspiration? by Anonymous Coward · · Score: 0
      Remember that the order of stories posted on this piece of shit website has nothing to do with how time and events progress in the real world.

      Now, go outside and breathe some fresh air.

    2. Re:Another Conspiration? by Anonymous Coward · · Score: 0

      Wow, another victim. Be seeing you around.

  173. Contempt of court (was "I don't THINK so") by Stephan+Schulz · · Score: 1
    From what I've heard about Stallman (including that my mother knew him in the late 70s :)), he is not a good public speaker. I think we all already know that, though - he's caused many an uproar on Slashdot by statements made that have infuriated even people that mostly agree with him.
    Well, he may not be a brilliant speaker, but he is better than Joe Schmock off the street. Also, he is a brilliant logical thinker, honest to a fault, and very much speaks his mind. I think he will make an excellent impression.

    However, I don't know if the judge will take kindly to him correcting both the judge and SCO's counsel about the correct distinction between Linux (the kernel) and GNU/Linux (the operating system)....AGAIN and AGAIN and AGAIN ;-)

    --

    Stephan

    1. Re:Contempt of court (was "I don't THINK so") by Anonymous Coward · · Score: 0


      Also, he is a brilliant logical thinker


      I have no idea whether his thoughts are logical, but much of the tripe that comes out of his mouth is foolishness.

      He suffers from the "words mean what I want them to mean. fsck common usage" syndrome. (re: free (or Free (or pHree (whatever))) refering to limits, and the totally non-standard definition of "operating system" that he coined to justify the whole GNU/world rant)

      If he were honest to a fault, he would admit that before the GNU/universe thing hit the fan, NO ONE refered to the utilities that run under a kernel as an "operating system."

    2. Re:Contempt of court (was "I don't THINK so") by Stephan+Schulz · · Score: 1
      He suffers from the "words mean what I want them to mean. fsck common usage" syndrome. (re: free (or Free (or pHree (whatever))) refering to limits, and the totally non-standard definition of "operating system" that he coined to justify the whole GNU/world rant)
      I'm not claiming that you are totally wrong with respect to RMS. However, you have been influenced by to much advertising. Free indeed has to do more with freedom than with price.
      If he were honest to a fault, he would admit that before the GNU/universe thing hit the fan, NO ONE refered to the utilities that run under a kernel as an "operating system."
      Well, I took a course in operating systems in 1989, and I've been notetaker in a lot of examns about operating systems from 1995 to 2002. The most common definition of an operating system I encountered is "A collection of programs enabeling the efficient operation of a computer system.".

      The OS==kernel view seems to be strictly limited to home computers and PCs. And even MS-Dos and CPM cam with loads of utilites in the operating system floppies.

      You cannot fault somebody if he has a larger vision than you. The UNIX tapes have always carried millions of utilities, and without them, the kernel would have been totally useless -- because of the modular design that is one of the strenght of UNIX. Consider the shell, ls, mv, cat. The fact that they are separate programs instead of kernel built-ins does not make them less part of the OS.

      --

      Stephan

    3. Re:Contempt of court (was "I don't THINK so") by ultranova · · Score: 1

      Think of command.com. Separating the other programs from the kernel is hardly a unix-specific feature.

      Of course, this just reinforces your original point of OS!=kernel. I just wanted to point out that this is true on PCs too. Don't know about Commodore 64s, thought... Did they have a kernel ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    4. Re:Contempt of court (was "I don't THINK so") by epmos · · Score: 1

      Yes, the C64 had a kernel. It was even called by that name.

      Useless note: You could disable either the KERNEL ROM or the BASIC ROM if you weren't using them and wanted some more program space. You couldn't do both at once however, or the machine would lock up.

  174. Don't SCO's lawyers realize... by Thud457 · · Score: 1

    that this is the battle that finally destroys Western capitalism? Come on, we've all seen this in Star Trek!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  175. Re:Criple Fight!!!! by follower_of_christ · · Score: 1
    I sincerely hope that people like yourself will eventually realize that this isn't about war, it's about freedom...and you have to remember that if you exercise your own freedom effectively, war is not necessary.

    The problem here is there are people that don't believe in freedom fighting a war against people with freedom who believe in it. The people with freedom go down in burning buildings because they don't believe in fighting wars.

    Its a nice utopian thought to think that war is not necessary, but in reality wars must be fought and won for freedom to prevail. There will always be people who want to control other people and restrict their freedoms. If you don't fight those people, you won't have freedom to excercise.

  176. I do by wraithgar · · Score: 3, Informative

    http://www.whatpc.co.uk/News/1147824

    SEC Filings are public.

    For some reason this reminds me of the scenario from the first Godfather movie, where they figure out where the meeting will be because the Police Chief has to let his station know where he'll be at all times

    1. Re:I do by SillySlashdotName · · Score: 1

      If you are using this to support the contention that Microsoft is behind the SCO lawsuit against IBM, or that this is 'common knowledge', it doesn't.

      1) You are correct, SEC filings are public. This is not an SEC filing. This is an article that builds supposition around the licensing fees Microsoft has paid. The fees were disclosed in SEC filings - as required.

      2) The fees paid were for 'licensing of Unix, and exercising of options to further license Unix'. I agree that there does not SEEM to be a reason for Microsoft to license Unix, but that is not sufficient evidence of wrong doing. It is definitely PROOF of wrong doing on anyones part.

      Personally, I find it highly suspicious that a company with a vested interest in the demise of Linux and Open Source software is paying large amounts (relative to SCOs worth) in 'licensing fees' to a company with a lawsuit that might possibly achieve those goals, BUT THAT IS NOT EVIDENCE OF WRONG DOING.

      It also doesn't make that suspicion "common knowledge".

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    2. Re:I do by SillySlashdotName · · Score: 1

      It is definitely PROOF of wrong doing on anyones part

      Should have been

      "It is definitely NOT PROOF if wring doing on anyones part."

      My bad.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  177. Seriously though... by lordvdr · · Score: 1

    When do we get the made for tv movie? Or a book? Is Darl gonna sell a book deal for millions to refloat the company. "How I took on Big Blue... and Lost." or "How I fought Linux... for Nothing."
    Can't wait.

    --
    If you are out to describe the truth, leave elegance to the tailor - Albert Einstein
  178. Disproof of the virus number theory. by balls199 · · Score: 2, Insightful

    Microsoft claims that if linux was more popular then there would be more viruses for linux, and that proves that the OS produces equivalent security. Well, here is my little proof to the contrary. Assumtion: if two software development methods produce equivalently secure code, then equivalent products produced by each method should have the same number of viruses if there are equal number of users. Proof: Apache and IIS are equivalent software packages. (not exactly true, but most people say they are comparably similar) According to netcraft Apache runs more web servers than IIS (by more than 2 to 1) If OS and closed source development methods produce equivalently secure code then the above implies that there should be more viruses for Apache than IIS. However, there are many more viruses for IIS than Apache, thus the above assumption must be incorrect.

  179. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    I bought a red-hat boxed linux sometime ago, and it did not come with sharp knives, camoflauge paint or gunpowder to get me ready for the up and coming technology war of the century, in fact, knowing then what I know now, I wouldn't have bought the box, since I can get that stuff free on the internet.

    You can get knives, camo, and gunpowder for free from the internet? Holy crap! Do redneck deer hunters know?

  180. Stallman's vested interest.... by propellor_head · · Score: 1

    Hey, if RMS stuffs up on the stand, it'll give people a reason to move over to the Hurd...

  181. Re:My fantasy: Geeks on the stand by LMCBoy · · Score: 2, Funny

    Ok, I get it all, except for the Sept. 19th thing...anyone want to hit me with the old clue-bat?

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  182. Are you so sure by Anonymous Coward · · Score: 0

    Remember, even Fox NEWS made it into court when it attempted to sue Al Franken for his book (however briefly). I think the only way IBM won't see this case go to court is if they settle with or buy SCO. IBM may win, but not without a court fight.

  183. a bonfire of the vanities for the 21st Century by salparadyse · · Score: 1

    the bonfire of the windows anyone?

    1. Re:a bonfire of the vanities for the 21st Century by salparadyse · · Score: 1

      ok how many people thought i was referring to the Tom Wolfe novel? and how many realised i was talking about the time in Venice (Italy)when people gathered in public places and burnt "combs and brushes and mirrors and other things of useless vanity" because they realised (partly due to a spiritual awakening) that they didn't have to live like that anyore. "bonfire of the windows anyone?"

  184. Hurray? by devphaeton · · Score: 1

    Is something finally going to happen out of all this?

    Is it the beginning of the end?

    Or is it all masturbatory and am i getting out the pretzel rods and cheez whiz too early?

    Go Team!

    --


    do() || do_not(); // try();
  185. Re:Criple Fight!!!! by DenOfEarth · · Score: 1

    Thanks for the comments...now I retort

    your business must not be very large/successful I imagine .. otherwise you'd be thinking war at every turn.

    As i stated, software choices in a company I own would not be made based on moral rationalizations, they would be based on fitness of a given product for my usage

    We need all these people. If we don't think of it as a war at some level, we'll lose. you know what "lose" means in this context? It means that not only will you not be able to choose what software comes on your computer, you won't be able to choose to *remove* it either. you won't be able to choose the product that "suits your needs". maybe the product that suits your needs is now illegal, or it's license has been crippled because while you were concentrating on your problems and customers, the big guy went straight to congress with a big check.

    First of all, and I don't mean to be a total troll(just a partial one), but this is exactly the reason why I wouldn't want to live in the USA, last reported to be the 'land of the free'. People there with money are much free-er than I. Second, disregarding what I said before, I probably would be putting OSS on computers that my business runs to keep me out of such troubles. I have been a very happy OSS user for years, and I probably won't look back, as there's no point in it.

    What does "Win" mean? It means that Free software becomes the standard. It means that when you buy software, or download it, you don't have to worry about the license, you can just install it and get to work. It means Microsoft's software loosens it's licensing restrictions so that those of us who depend on it don't have to stay on the upgrade treadmill forever. It means laws like the DMCA and so forth are worded to favor everybody, not just the few who paid for it.

    If that's what win means, than I can't say I am not helping the cause. I use it all the time. I report bugs when/if I can, and even help my friends use the same software because I like it. From the first poster I was replying to, his stance seemed to say that we all should become zealots (OSS suicide bombers if you will). I'll not put up with anyone telling anyone what to do.

    The poster above is exactly right.. if Free software suffers a blow from this, Microsoft can move in. It's all strategy.. why do managers read "The Art of War"?

    All i can say is that I'm sure redhat or suse or novell's management have probably read the same books...As a linux user, why do I have to? And to finalise:

    So keep fighting the fight, everybody, so that folks like this guy don't even have to worry about it.

    PS: you don't beat tyranny by "excercising freedom" .. you have to win your freedom first.

    PPS: if you're talking about microsoft they definitely are a monopoly, that was a finding of fact if you recall.

    I - Yes, this guy isn't fighting the fight at all, he's _using_ OSS.

    II - you exercise your freedom as a human being to fight against tyranny, to get your freedom as a citizen, in the same way that you can exercise your freedom to put up with tyranny, and remain repressed.

    III - last I remember, the prefix mono- implies one. For a desktop computer, go buy a mac, or a linux PC, or maybe a BSD one, for a server, maybe a solaris machine might be up your alley. Now how long did it take them to come up with that finding of fact? hmmmm....not so cut and dry now is it?

  186. A little precognition... by Kjella · · Score: 4, Funny

    "So, Mr. Thorvalds, did you describe SCO as, and I quote, 'smoking crack'?"

    "Yes, I did."

    "Do you stand by that description."

    "No, I do not. It would be an insult to crack-smokers everywhere."

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:A little precognition... by Anonymous Coward · · Score: 0

      As far as I'm aware, nobody named "Thorvalds" was subpoenaed.

      Dipshit.

  187. This is fun! by Thud457 · · Score: 1
    It's been ages since we've had a good (Atlantic) East coast / West coast flamefest!

    And as a bonus, we get to mock RMS! (and SCO... and M$... and HEY! no one's slagged Linus yet! Sneaky Finn!)

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  188. Re:Criple Fight!!!! by DenOfEarth · · Score: 1

    thanks for your comments. I do agree with everything that you say. I was simply annoyed with the parents post about the impending war, that, really, I'm not in much of a position to affect. I use OSS because I believe in the freedom, and will continue to exercise that freedom. In this way I hope I am supporting the choice that I like. When the time comes that someone knocks on my door and accuses me of being a terrorist for using OSS, then I will use my freedom to resist.

  189. Re:Criple Fight!!!! by Tony · · Score: 1

    (note that I don't call them a monopolist, as they aren't)

    Yes, they are.

    --
    Microsoft is to software what Budweiser is to beer.
  190. OH BOY!! by pair-a-noyd · · Score: 1

    Let the games begin!!

    At last some action!
    Torvalds will rip Darl a new one, or three.

    I've been so tired of the pansy-ass, limp wristed, light weight hair pulling. Now we get to see some blood and guts spilled on the battle field.

    Yeah baby! This is where the rubber hits the road...

  191. Defense fund? by Anonymous Coward · · Score: 0

    I wonder is there a defense fund specifically for our 'tall trees'? What is the bank/account I can donate some cash to for this purpose? Or do we simply have to up our FSF donations?

    (If all us GNU/Linuxer's simply donate $25-$50 we'll have a fund larger then SCO's current market cap, maybe they'll think twice after that. If we all cough up our SCO license fee to the FSF, Richard can then also afford to sue them silly and buy the Unix license for scraps when they had a taste of their own medicine.)

  192. What do you want to bet by Our+Man+In+Redmond · · Score: 1

    that Stallman refuses to be involved in this unless all references to Open Source software are disallowed and everyone on both sides has to say "GNU/Linux" every time they talk about a distribution?

    --
    Someone you trust is one of us.
  193. I wonder if Stallman... by Anonymous Coward · · Score: 0

    ... will somehow work in the Twinkie defense.

  194. Man I have to watch you... by Kjella · · Score: 1

    ...because I can't wait to see your December, January and February response.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  195. You smart? Stallman Dumb? by Anonymous Coward · · Score: 0

    If you grant that Stallman's smart, and I think he is, and if you grant that Stallman has more experience in life and with lawyers than you (probably true), then my guess is that he'll do better than you give him credit for.

    In fact, Stallman will be useless for SCO simply because he will purposely be confusing and obscure.

  196. I find it interesting... by Saiai+Hakutyoutani · · Score: 1

    how they can file a subpoena against a guy in Finland. He still lives there, doesn't he? It's like that time when they sued Taliban or whoever it was. Is their no end to a court's imaginary jurisdiction?

    1. Re:I find it interesting... by r00tdenied · · Score: 1

      No, Torvalds lives in Sunnyvale,CA.

      --
      Platinum Networks Hosting www.platinum-networks.com
    2. Re:I find it interesting... by Saiai+Hakutyoutani · · Score: 1

      Oh. Then that makes it even more interesting, doesn't it. Too bad we have to wait until 2004 to se... Hang on, it's november right now! Never mind eh.

  197. It's so obvious by pchasco · · Score: 1

    it's obvious what SCO is trying to do. instead of offering proof of their claims, they are going to try to demonstrate that System V code could have gotten in the kernel. and by doing so, they think that they can avoid having to show any actually evidence.

  198. Sept 19 = "Talk Like A Pirate Day" by VCAGuy · · Score: 1

    Sept 19 = "Talk Like A Pirate Day"

    --
    Q: "Why do sound techs say 'check 1, 2'?"
    A: "Cause if they could count any higher they'd be lighting techs."
    1. Re:Sept 19 = "Talk Like A Pirate Day" by rixster · · Score: 1

      sorry ... still don't get the sept 19 thing ...

      --
      Two wrongs may not make a right, but three ....
    2. Re:Sept 19 = "Talk Like A Pirate Day" by BOFHelsinki · · Score: 0

      It's simple. Pirates say "aaarrrgghh!!!". At least that's what the Monty Python documentary on piracy reported...

    3. Re:Sept 19 = "Talk Like A Pirate Day" by YetAnotherLogin · · Score: 1

      Attorney: AAAARRRRGH!

  199. Video by Lord_Dweomer · · Score: 1
    I've said it once before, and I'll say it again, someone needs to make a web cartoon that details the SCO vs. World battle. Perhaps it could be dramatized to take place outside of a courtroom, and kind of give us visualizations for the various elements of it. I think this would be a laugh.

    Perhaps it can be made using clips from Spaceballs. I don't know why, but it seems they would find all the right elements in there.

    --
    Buy Steampunk Clothing Online!
  200. Re:Criple Fight!!!! by DenOfEarth · · Score: 1

    Does that even mean anything???? I can still buy a mac can't I? Or wait a minute, I can buy standard PC parts, and maybe install freeBSD on it, or maybe Linux... Doesn't the prefix mono- imply 'one'.

    You shouldn't trust blindly everything the government says.

  201. Apparently not enough by El · · Score: 1

    SCOX closed up only $0.25 today; obviously not the result they work looking for. I predict over they next few days SCO will supeona "anybody who has ever written code for Linux", followed by "anybody who has ever used Linux". Yeah, that'll send the stock price up... sure, that's the ticket!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  202. You think the US is sad? by Anonymous Coward · · Score: 0

    Once in awhile, usually when I hear someone laughing at the US legal system, I wonder what it would be like if all of Europe was forced to speak German.
    Would we even call it Europe anymore? Maybe we'd be forced to call it Germany? or Adolphia? or how about Hitlerania?
    What if Europe spoke Russian? The purges of Stalin. Kangaroo courts. Those were the days.

    Too many people take their freedom for granted.
    When I was 18, I visited East Berlin for a day. Boris Becker was winning Wimbledon. East German soldiers were marching around the streets of East Berlin with automatic weapons. People were waiting in line for hours to buy a pair of shoes. It wasn't flattering. Communism, even socialism, is not very attractive.
    Personally, I'd like to see all of Europe using aluminum coins, waiting in line all day at the grocery store. Most of Europe already has 50% tax rates and colossal unemployment. I wonder what it would be like if taxes were more, and unemployment were higher?

    Nope. I'll take the US. Court system, dumb politicians, and everything else.

  203. Free Software is not Open Source. by jbn-o · · Score: 4, Insightful
    I appreciate everything RMS has done, but I am not sure he is the best person to represent the open source movement [...]

    He would not represent that movement at all. He is the first to speak up when people make the mistake you just did. If you listen to his speeches, you can read or hear him speak on this issue when he corrected Mike Uretsky. I think you would be well served to learn what he has to say instead of judging him by your prejudical view of his appearance.

    1. Re:Free Software is not Open Source. by Anonymous Coward · · Score: 0

      Hear hear!
      I completely agree. Richard Stallman is a kind and lovable person. He is very particular about saying things correctly and this is what makes a perfect champion of free software.

    2. Re:Free Software is not Open Source. by Annamite · · Score: 1

      Thank you.

      Your post is already modded to 5. But thank you again for schooling such clueless ignorant people.

  204. best... department... ever. by mikeee · · Score: 1

    Subject says it all.

  205. Dumb by b1gw0rm · · Score: 1

    If SCO is just doint this as a tit-for-tat response to the IBM subpoenas, than they are making a big mistake. IBM subpoenaed people that can help their case that SCO's lawsuit is frivilous. The people subpoenaed by IBM are investment bankers and analysts, they are by no means technical experts when it comes to Linux, Unix, OS's, Kernals, Coding methods, etc. So their opinions on the code in question are meaningless. On the other hand, the people that SCO subpoenaed are experts in the aformentioned areas. They will be able to talk rings arround SCO's lawyers and experts and make them look bad. I'm really hoping this will backfire!

  206. Re:My fantasy: Geeks on the stand by zhenlin · · Score: 1

    Geek translation:

    # Attorney: !(you.did(you.steal(sco.code)))?
    # Geek: TRUE
    # Attorney: you.did(you.steal(sco.code))?
    # Geek: FALSE
    # Attorney: !(you.did(you.steal(sco.code))) || you.did(you.steal(sco.code))?
    # Geek: TRUE

  207. I was just wondering this morning... by rhizome · · Score: 1

    ...when another shoe was going to drop. Ever since IBM Motions to Compel last week I've been watching SCOX price start to freefall. Every time the market starts to lose their faith and the stock price drops The SCO Group comes out with another outrageous action. Par for the course and more grist for the pump-n-dump police.

    --
    When I was a kid, we only had one Darth.
  208. dark side, there i go by Anonymous Coward · · Score: 0

    should sco prevail and injustice made on these great people, hEll is going to break loose.

  209. Re:Criple Fight!!!! by fwr · · Score: 1

    Yes, you are a troll. Mono does not imply one in the legalistic sense. There can be a monopoly and yet "choices." I'd suggest you read some history.

  210. Yay! by Greyfox · · Score: 4, Funny

    Hopefully Linus or RMS will get the chance to use the line "It's absolutely true your honor. This man (McBride) has no dick" in court.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Yay! by BigBadBri · · Score: 1
      I'd prefer "these guys are smoking crack" as a deposition.

      --
      oh brave new world, that has such people in it!
  211. Objection: relevance by anwaya · · Score: 1

    Anyone who's been in a deposition, or read a deposition, knows what these will be like. And in the case of SCO vs IBM, there is going to be a lot of trouble with relevance to the breach of contract matters.

    The only way these people can say anything the judge has any business listening to is in IBM vs SCO, because they have nothing to do with the contract. It seems to me, anyway.

  212. Turn open source into a religion by wackybrit · · Score: 1

    This might sound stupid, but it's what L Ron Hubbard did, resulting in Scientology. It allowed him to continue to publicize the pseudo-science, "Dianetics", but be protected from attacks under the law.

    Becoming a religion gave him lots of free speech breaks, lots of financial breaks, and kept the cause going, as it does today.

  213. Subpoena != Court Appearance by EricTheGreen · · Score: 5, Informative

    Just in case anyone is getting wrongheaded expectations of RMS and/or Linus appearing in a courtroom anytime soon, these subpoenas most likely are asking for either: a) depositions relative to discovery or b) specific documents, answers or background information relative to one of the issues being considered at trial. Nothing terribly exciting here, although it does make for a catchy headline.

    I mention this because a number of posts speculate on "the GPL finally going to trial" or some such as a consequence of this. That may very well happen, but not as an immediate result of this. So those of you awaiting the "GPL Final Combat" should probably sheathe the swords for a little while longer...

    1. Re:Subpoena != Court Appearance by Little+Brother · · Score: 1

      What? Sheathe my sword unbloodied? I think not! I'll just hold it here 'till my arm falls off.

      --

      Little Brother, watching the watchers

  214. What? by Simple-Simmian · · Score: 1

    What relationsships do any of the persons SCO served have with IBM?
    With SCO's suit against IBM?
    I have a feeling since there are no relationships that the Judge will tell Boies and company to get a grip and show how these people have anything to offer in this case and to quit stalling and get responsive to IBM discovery or get tossed out of court.

    --
    If you don't like what I write don't be a CS and mod it down. Refute it.
    Yea I can't spell. So what is your point?
  215. Subpoenas everywhere!! by spazoid12 · · Score: 0, Troll

    By the time this is all over... I suspect that only me and my dog will not have been subpoenad. At least this county-clerk-job-creation program should help the economy.

  216. Torvalds is a far worse advocate than Stallman by jbn-o · · Score: 3, Insightful
    Linus however worries me, he seems to be so uninterested in the legal system that he might be considered ignorant of it.

    I concur. It is precisely this go-along-to-get-along attitude on issues that control his ability to continue to do what he wants to do that appeal to many Slashdot readers, unfortunately. Torvalds reaffirms apathy by tossing off subjects as unimportant. He is an impressive hacker, but I hesitate to point to his words for informed opinion on political and ethical matters.

    Stallman, by contrast, makes you listen to uncomfortable things like ethical computing--a subject too few other people even approach in their public speaking. Stallman recognizes the importance of the legalized bribery system Americans call campaign finance, and he has said if he had a way to fix it he would do so and nothing could make him prouder. Stallman seems, to me, to be much more in tune with the technological forces that affect our lives as hackers and citizens.

    1. Re:Torvalds is a far worse advocate than Stallman by Anonymous Coward · · Score: 0

      Torvalds reaffirms apathy by tossing off subjects...

      Then he'd better watch out - Prince Charles has a patent on that!

    2. Re:Torvalds is a far worse advocate than Stallman by MrResistor · · Score: 1

      Torvalds reaffirms apathy by tossing off subjects as unimportant.

      Is it apathy or pragmatism?

      In the case of his stance on patents, joking comments aside, I think it's pure pragmatism. The simple, legal fact is that researching patents to make sure Linux implementations were non-infringing would make hime more liable, not less.

      How about copyright? Again, pragmatism rules. How do you think SCO would have reacted if he'd gone to them a year ago and said "Hey, I'd like to compare Linux against the SysV source tree and see if there's any infringing code?" I think the response would have been something like "We're not showing you our proprietary, trade-secret code. Piss off!" And I'll bet the vast majority of software companies would respond pretty much the same way. So, given that verifying the "IP integrity" of the code is an imposibility, why worry about it? How he deals with that issue is frankly much better than you will ever get from a proprietary software company; the code is right there in the open, and anyone who cares can compare it against their codebase and have the code removed.

      And, again, there is the issue of plausible deniability. As long as he doesn't know how they did it, he can do it any way he wants.

      That doesn't sound ignorant or apathetic to me. Quite the contrary, in fact.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    3. Re:Torvalds is a far worse advocate than Stallman by jbn-o · · Score: 1

      First, I would like to thank you for keeping your patent issues separate from your copyright issues. Not enough people realize that copyright law is very different from patent law in many important ways.

      In the case of his stance on patents, joking comments aside, I think it's pure pragmatism. The simple, legal fact is that researching patents to make sure Linux implementations were non-infringing would make hime more liable, not less.

      I am not asking Torvalds to investigate specific patents that may or may not affect the development of the Linux kernal. What I'm talking about is the depth of understanding of the issues on how patent law hurts us as software developers, computer users, and citizens. Nothing Torvalds has offered on the subject of what are commonly called "software patents" comes close to the depth of understanding Stallman offers every time RMS gives his patent speech. Torvalds' apparent lack of understanding of the ethical and legal issues involved is profoundly impractical. Stallman's talk on the problems with software patents lists the reasons why it's not reasonable to ask anyone to search the patent database looking for possible infringements.

      Torvalds has a golden opportunity to use his celebrity power to educate people about a common foe--the existence of software patents and how they hurt everyone except IBM. Or he could speak out on a number of other similar issues, like the ones Stallman talks about.

      How about copyright? Again, pragmatism rules. How do you think SCO would have reacted if he'd gone to them a year ago and said "Hey, I'd like to compare Linux against the SysV source tree and see if there's any infringing code?"

      It is SCO that is suing, not Torvalds. Torvalds' development strategy has lead to less than careful inclusion of non-free software into his branch of the Linux kernal and because this branch is so popular it is likely others have become dependent on the non-free software. As a result of not paying attention to the freedoms of Free Software and the license under which the Linux kernal is distributed, some have probably redistributed non-redistributable software. In the above link Stallman points out why this is:

      "Linux, the kernel, is often thought of as the flagship of free software, yet its current version is partially non-free. How did this happen? This problem, like the decision to use Bitkeeper, reflects the attitude of the original developer of Linux, a person who thinks that "technically better" is more important than freedom.

      "Value your freedom, or you will lose it, teaches history. `Don't bother us with politics,` respond those who don't want to learn."

      However large book, music, and movie publishers have a lot of say in copyright policy and we're exporting our copyright policy to other countries through trade policies that don't benefit citizens. Stallman brings attention to our freedom to use, share, and modify software. Torvalds doesn't talk about freedom at all and is celebrated for not challenging the 'technically better' view of software.

    4. Re:Torvalds is a far worse advocate than Stallman by MrResistor · · Score: 1

      Both points of view are important. Not everyone can be an activist, some of us have to actually get stuff done. I'm not saying what RMS does isn't important, but how long have we been waiting for the HURD?

      Stallman raises some good points, but some of use would like to be able to use our machines now, today, rather than wait years for the hackers to figure out how to write drivers for the hardware we own now. Where would FOSS be today without practical people like Torvalds? Exactly where it was before Linux; a backwater in the world of software, influencing nothing.

      Torvalds never said he was an activist, and has never wanted to be one, so why do you insist that he be one? He uses the GPL the same way he uses Bitkeeper: as a tool to better accomplish his goals. That certainly doesn't mean that he doesn't understand patent or copyright issues.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  217. Kneeing one's self in one's groin,.. yet again. by Anonymous Coward · · Score: 0

    When contortion goes astray

    This has sort of been picked up from other places on the internet,... it's not mine.

    "IBM has unfairly competed with SCO by acts that include, but are not limited to, entering a conspiracy and combination in restraint of trade with others in the Linux development and distribution business, pursuant to the GPL, to artificially restrain prices below natural levels for the purposes of destroying competition in the operating systems market for UNIX software on Intel machines, and to improperly gain advantage and extract profits...blah, blah, blah" an SCO response from once apon a time.

    SCO also conspired against itself through it's membership of UnitedLinux. Funny and maybe a bit sad.... Found here at eWeek-No More Mr. Nice IBM.

  218. Scratching his balls at SCO by Anonymous Coward · · Score: 0

    Having seen Stallman speak, and having watched him repeatedly scratch his balls through some awful sweatpants for the better part of 2 hours (in front of 200+ people) -- one has to wonder whether Stallman's responses to questions will involve more than just his lip flappin'...

  219. kernel 2.6 delayed? by Dark+Fire · · Score: 1

    Is SCO doing this to delay the 2.6 kernel?

    1. Re:kernel 2.6 delayed? by Queuetue · · Score: 1

      No, this, like everything else in this case, is an attempt to float their stock price.

      They couldn't care less about what's in linux, who uses it, who built it or when it gets released. Except to fuel the press releases.

  220. Who else will SCO go after? by technomom · · Score: 1
    SCO's subpoena process:

    Let's see, Linus Torvalds....Linus is the name of a character from a Charles Schultz comic strip. Snoopy was also featured in that strip which is kind of like Snoop Dogg who was in Whiteboys (1999) with Rich Komenich Rich Komenich was in Novocaine (2001) with (say it with me, kids)

    Kevin Bacon!

    Thanks Oracle of Bacon!

    1. Re:Who else will SCO go after? by snol · · Score: 1

      heh, whodathunk, but you made it too hard. If you put Linus Torvalds in directly, you get:

      Linus Torvalds was in Revolution OS (2001) with Susan Egan
      Susan Egan was in Hercules (1997) with Keith (I) David
      Keith (I) David was in Novocaine (2001) with Kevin Bacon

      both end in novocaine... god, what a crap movie.

    2. Re:Who else will SCO go after? by technomom · · Score: 1

      I never realized that Linus was a star in his own right. 3 degrees from the "almighty". I'm impressed. No wonder SCO wants him to testify.

      JoAnn

  221. Transcript of McBride/Heise conversation by Anonymous Coward · · Score: 1, Funny

    Heise: Sorry Mr. McBride, we're running out of excuses to stall the process. You won't make your 12-month bonus

    McBride: stall, stall..., that's it! call Stallman!

    Heise: Huh?

    apology I know it's an awful joke but I'm so tired of the surrealistic delay techniques in this trial.../apology

  222. WHAT NEXT!!! by whittrash · · Score: 1

    I don't see the value in these subpoenas. These people who were subpoenad by SCO aren't a party to a SCO/IBM contract dispute. They aren't a party to the IBM patents in dispute. The GPL isn't specifically governed by these people, it is a document that is used independantly by each GPL contributor. Am I wrong? Can someone please enlighten me?

  223. Re:Criple Fight!!!! by DenOfEarth · · Score: 1

    Looked up on dictionary.com:

    monopoly

    1. Exclusive control by one group of the means of producing or selling a commodity or service: "Monopoly frequently... arises from government support or from collusive agreements among individuals" (Milton Friedman).

    2. Law. A right granted by a government giving exclusive control over a specified commercial activity to a single party.

    3. a. A company or group having exclusive control over a commercial activity. b. A commodity or service so controlled.

    4. a. Exclusive possession or control: arrogantly claims to have a monopoly on the truth. b. Something that is exclusively possessed or controlled: showed that scientific achievement is not a male monopoly.

    So, looking at point 1, what is the commodity or service? Computers, no it can't be, there are other vendors. Operating Systems, no, there are other operating systems. If the commodity or service is windows itself, than I guess microsoft has a monopoly, in the same way that mcdonalds has a monopoly on big macs, but no on hamburgers. Looking at the second point, well, MS isn't a monopoly, as they have not been given exclusive rights by the government to a given commodity or service. Same with the third point, what kind of exclusive control do they have? Can MS shut my linux boxes or my mac computer off of the internet?

    If my definitions are wrong, than please excuse me, but could you give me the proper one?

  224. SCO will try to prove GNU/Linux is Unix by Krehbiel · · Score: 2, Interesting

    (IANAL) I'd guess they intend to get Stallman and Torvalds both to admit that the GNU and Linux projects have always been about duplicating Unix, which is, frankly, true. From this I'll guess they hope to get the court to declare that GNU/Linux is an illegal derivative of Unix, and therefore is the property of SCO. Nah, that'll never work... Maybe they intend to show that Richard and Linus consipred to destroy the commercial value of Unix. But I don't believe that's even illegal, unless you are a monopoly.

    1. Re:SCO will try to prove GNU/Linux is Unix by polyp2000 · · Score: 3, Interesting

      I must admit, that is a frighteningly valid point. I've read Rebel Code (glynn moody) and its pretty much true to say that the original intentions of Linux were derived from Minix. Which in itself was intended to provide a Unix (previously the reserve of larger machines) to run on lesser hardware,eg x386 something that Linus hankered after...

      None the less, it was still at least at that stage an original work and not based on the back then proprietary Unix source code.

      The thing is, regardless of the source code, is it legal to create a product, identical or at least very similar to a proprietary product an allowable thing ?

      I suppose this is where the issue of software patents comes in.. OpenOffice for example... is that similar to MSOffice that it could also be subject to review, even if the codebase is completely clean?

      Im so indoctrinated with open source now that a world without it is a world I dont want to exist in. SCO suck and so does MS (multiple sclerosis)! While there is nothing wrong with the closed source model aside from its monopolistic behaviours, Open and Closed source models should be able to coexist simultaneously without all this damn bitching!

      --
      Electronic Music Made Using Linux http://soundcloud.com/polyp
    2. Re:SCO will try to prove GNU/Linux is Unix by Anonymous Coward · · Score: 0

      It's completely irrelevant if Linux duplicates Unix functionally (it might be different it say duplicated WIndows)

      Because
      - SCO don't own the definition of UNIX
      - SCO don't own the Posix standard
      - SCO don't have patents on UNIX methods
      - Many so-called UNIX methods, are BSD methods
      - etc.

      So they have no standing, to pursue a claim on that basis.

    3. Re:SCO will try to prove GNU/Linux is Unix by Reteo+Varala · · Score: 1

      You forget, the UNIX Trademark is owned by the Open Group, not SCO. SCO simply owns, as does Torvalds, and the University of California, an operating system that conforms to the UNIX standard, which is maintained and defined by the Open Group.

      Just by creating an operating system that works like UNIX, does not imply that it is *System V Unix,* which is technically what SCO has.

      So that argument is a failure waiting to happen.

    4. Re:SCO will try to prove GNU/Linux is Unix by Krehbiel · · Score: 1

      Well, I'm just trying to figure out what SCO might be trying to prove.

      Certainly, SCO would hear Linus say "I absolutely did write this code myself, and I absolutely had no access to Unix sources when I did so," and Linus never worked at IBM. There's no evidence of copying here - the opposite, in fact. All Linus could show is that he planned to clone Unix. And in fact, that's just what they'd hear from Stallman too - he wrote it himself, and his intent was to clone Unix.

      Is such cloning illegal? The AT&T/BSDI precedent pretty much proves that it's not. So SCO's barking up the wrong tree here.

      What if this is part of an attempt to declare GPL'ed works "public domain?" Stallman would certainly refute that, but Stallman and Torvalds would both testify that they intend their GPLed work to be freely copyable. Maybe SCO will argue that allowing recipients to freely copy without "consideration" can only mean "public domain" ("consideration" basically means "getting something in return" and apparently licenses/ contracts without "consideration" can sometimes be nullified).

      (BTW, still not a lawyer, so I could be off base)

      And further - this could be an aggravation attack. "Do you contribute to Open Source/Free Software? You might get your butt hauled into court too!"

  225. For the guy who corrected my siggy by i_r_sensitive · · Score: 1

    "Excuse me Mr Stallman, but in the jargon file under recursive it says, 'see recursive'"

    --
    "Talk minus action equals nothing" - Joey Shithead, D.O.A.
    "Talk minus action equals /." -
  226. GPL and RMS by gral · · Score: 1

    This would be interesting.

    Basically, the track that SCO are going down for the GPL is that, in a nutshell:

    As the Copyright owner, you cannot tell others how they can use your software. This is the premise behind the GPL. It uses Copyright to limit what others can do with the software.

    If they (SCO or other company) use GPL'd software in their product, then the GPL covers that software as well, or they remove the GPL code. Simple, plain.

    If by some stretch of the imagination, they win this case, think of what it means.

    ANY SOFTWARE that tries to limit what you can do with the software after purchase has an open license. You can put Windows OS on ANY computer you want. Any license on software that tries to limit your usage of said software becomes null and void.

    This whole case is mired in BS. SCO business model reminds me of the .COM era. How did that end again? (Luckily this is only one dumbass company this time.)

    --
    Scott Carr
    1. Re:GPL and RMS by SillySlashdotName · · Score: 1

      As the Copyright owner, you cannot tell others how they can use your software.

      Yes.

      [GPL] uses Copyright to limit what others can do with the software.

      Yes and no. Copyright limitswhat you can do with the software, the GPL grants distribution/redistribution rights to the software AND ANY MODIFICATIONS. Therefore GPL extends the limits of what you can do with the software.

      If they (SCO or other company) use GPL'd software in their product, then the GPL covers that software as well, or they remove the GPL code.

      It is more complicated than that. If their software is a modification of GPLed software then it must be GPLed as well. If it only USES GPLed software, the GPLed part must remain GPLed, but the other parts may remain propriatary - the GPL is not "viral" in that it does not contaminate by casual association, it only applies if the new work is a modification of the original work or makes the GPLed software an integral part of the software - i.e., linking to libraries that are GPLed.

      ANY SOFTWARE that tries to limit what you can do with the software after purchase has an open license. You can put Windows OS on ANY computer you want. Any license on software that tries to limit your usage of said software becomes null and void.

      Not really. The owner and/or copyright owner can put any restricitons on the licensing of the software they want. Whether the restrictions are legal is another matter. For instance, I can (and some do) put the restriction on usage that the software is not to be used for weapons developement. As far as I am aware that restriction has not been tested in court, so is presumed to be legal. NOTICE, though, that that is not COPYRIGHT that is putting the restriction on the end user, nor is it GPL. Copyright allowes the AUTHOR to put restrictions on their work.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    2. Re:GPL and RMS by gral · · Score: 1

      I understand. I put a limited GNU interpretation in for brevity.

      My point is that GPL is a license contract that uses and extends Copyright, as are EULA's used by other software.

      The limits imposed on GPL'd software by the license, are far more open than the draconian EULA's by most Proprietary software companies.

      --
      Scott Carr
    3. Re:GPL and RMS by SillySlashdotName · · Score: 1

      I agree with all you just posted. :]

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  227. Probably won't make it on financial wires by snakecoder · · Score: 2, Insightful

    This is one of SCO's weaker FUD moves. When IBM subpeona's investors that is something that makes sense to the financial types. "SCO subpeona's Linus!!" is a tech geek issue, not an issue the investors can understand or really care about.

    --
    -Nuke the moon
  228. Re:Criple Fight!!!! by tres · · Score: 1

    You're writing as if the OSS community is a bunch of camo-clad, black-flag waving, anarcho-kids itching for a fight against the "establishment." Sure, it's just an operating system, it's just a computer, but don't forget, it's not just how easy it is to install, it's not just how easy it is to use for thousands of people whose livelihoods depend upon the future of OSS.

    Although the metaphor of battle may verge on hyperbole, I see it as an apt description of the exact nature of what must happen in order for Free Software to coexist with Microsoft. Until Free Software is not viewed as antithetical to their business model, Microsoft will be intrinsically threatened by it. Until Free Software establishes its niche, coexisting with MS products, Microsoft will do what it can to protect what they view as their revenue stream, even if that means putting many thousands of people who have invested a lot of time and money into Free Software out of business.

    I'm glad that you have been able to make your choice based upon your needs, but the fact is, you are a (albeit growing) minority of the users out there. Although the landscape is quickly changing, most small business still don't see the benefits of OSS because the megaphone Microsoft commands is much louder than the OSS movement's.

    So, until that day, when people truly are allowed to make the choice simply based upon the merits of the software, and how well it suits their needs, it is a battle. Until the day when Microsoft stops spreading fear and doubt about the performance and viability of OSS solutions, it will be a battle.

    --
    Notes From Under *nix: blas.phemo.us
  229. Re: Subpoenas by Anonymous Coward · · Score: 0

    Ahem. I believe you meant to say "Stallman and GNU/Torvalds."

  230. Re: then I will use my freedom to resist. by Anonymous Coward · · Score: 0

    and NOBODY will be there to help you because the REAL time to fight whould have long passed

  231. Andy Kaufman strategy by devorama · · Score: 1

    I'll sue you all!

  232. I hope all named parties get nailed. by Meor · · Score: 0, Flamebait

    Stop stealing other people's ideas.

  233. Re:My fantasy: Geeks on the stand by WWWWolf · · Score: 3, Funny

    Bah. We're talking of Richard Stallman here!

    > (not (didp you (stealp you sco-code)))
    t
    > (didp you (stealp you sco-code))
    nil
    > (or (not (didp you (stealp you sco-code))) (didp you (stealp you sco-code)))
    t

  234. has anyone ever thought... by ShadowRage · · Score: 1, Flamebait

    that sco might have stolen code from linux? or might add it to their code before the trial to make a statement, all they would have to do is change the file dates so it would look real, and take our developers' copyrights, and then point fingers, I have a feeling they'll do that when they get to court. might be illegal, but the courts ave no idea who came first, or what code came first, all someone has to do is present a convincing piece of evidence, even if it's doctored. and they can win in an instant. maybe that's why they're dragging their feet, maybe they're gonna make it look like the "evil opensource community is attacking them for their closed code" and once they display it... they could easily win.

    scary thought, but dont think they havent thought of that. it's a very real possibility.

    1. Re:has anyone ever thought... by Todd+Knarr · · Score: 2, Insightful

      The only problem is the audit trail. All the Linux code is kept in either CVS or BitKeeper, both of which maintain a trail in the repository of exactly who changed what and when. IBM maintains at least that much of an audit trail as well. If SCO tries that, all IBM has to do is pull out the change log and trace the code back to it's original check-in. If the check-in was prior to SCO's code's alleged creation date, or was by someone with no access to SCO code, SCO has a world of explaining to do to the judge.

    2. Re:has anyone ever thought... by polyp2000 · · Score: 1

      in other words SCO are fucked

      --
      Electronic Music Made Using Linux http://soundcloud.com/polyp
  235. Re:Criple Fight!!!! by 26199 · · Score: 2, Insightful

    Try this:

    Google for 'legal definition of monopoly'

    The very top link includes the phrase:

    "All combinations among merchants to raise the price of merchandise to the injury of the public, is also said to be a monopoly."

    Perhaps the best is from legal-definitions.com, a few results down:

    "monopoly definition: a monopoly is characterized by the power to fix prices or exclude competition, coupled with policies designed to use or preserve that power.

  236. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    Hmmm...

    Imagine a world where you can't get a laptop without on-board Palladium, one which will only run a Palladium-registered-OS. You can't check your bank balance without a "trusted" browser.

  237. Re:Criple Fight!!!! by Qrlx · · Score: 1

    regardless of the definitions, the courts decided that MS was illegaling using its monopoly power.

    It's not illegal to be a monopoly, but it is illegal to use that power to stifle competition.

    The best example I can think of for how MS continues to leverage its monopoly is in #1 of your definition: The "bundling" of Windows with any computer you buy from a large OEM. The OEM pays MS a fee for a Windows license for each comptuer it ships, even if you plan to run Linux on it or whatever.

    Of course the OEMs all agree to this becuase if they don't bye-bye volume discount.

    Does this make any sense? The huge market share that MS has gives them lots of leverage -- and they've used that leverage too much, according to the court.

    Just because you, the "end user" (aka "consumer") aren't privy to what goes on behind the scenes, doesn't mean that it's all on the up and up. It's microsoft's dealings with other businesses, not directly with retail consumers, that have gotten them into trouble. As well they should be.

  238. Copying MS? by sircle_72 · · Score: 1

    Further proof of Microsoft's involvement with SCO's recent irrational behavior. They're already adopted Microsoft's approach to software development!

    Haven't they been doing this all along?


    Microsoft - Make (mostly) shit products
    SCO - Buy something most people already regard as shit, license said shit to someone else, then claim they gave that shit away without running it past you first

    Microsoft - Spin, obfuscate, and flat-out LIE to make your shit stink less than the other guy's shit
    SCO - Obscure, overgeneralize, and mimic your opponent's arguements to prove that these guys stole your shit because it smells exactly the same

    Microsoft - Make people pay WAY too much for your shit, when they can get the same shit for free
    SCO - Make people pay WAY too much for shit they aren't sure is yours to *begin* with, when they were getting it for free five minutes ago

    And in the end... isn't it all still shit?

    --
    Sure Bill Gates' hair is fugly, but give his barber some credit! At least he managed to cover the horns on his forehead.
  239. Re:Criple Fight!!!! by Qrlx · · Score: 2, Funny

    What does "Win" mean?

    well, I used to type that a lot in Windows 3.11...

  240. They've released lots of info by roystgnr · · Score: 4, Informative

    The first thing the public saw was their stupid slide show, which included proof that:

    SCO doesn't know the difference between what they once called "Ancient Unix" (which the AT&T vs. Berkeley judge said AT&T lost to the public domain) and the System V code they actually own some rights to, despite the fact that they rereleased that code themselves under the old BSD license.

    SCO doesn't know the difference between original BSD code (like the packet filter code they claimed as their own) and their System V code, despite the fact that they are legally required to retain the copyright notices on the BSD parts.

    SCO can't tell the difference between a legal, original reimplementation of a detailed published standard (like that BPF example, and probably like much of the POSIX, Unix9x, BSD, etc. compatibility in Linux) and an obfuscated copy of the original implementation.

    More recently, SCO has "responded" to IBM's interrogatories not with specific claims of wrongdoing, but with the output of "egrep -il (smp|rcu|numa)" and a disclaimer that they're not stating that the output includes some infringement.

    If they have an actual case, why are they pubishing these embarrassments instead, still keeping their case secret in court where they might piss off a judge instead of just a bunch of Linux users?

  241. How do you spell by Anonymous Coward · · Score: 0

    How do you spell ASSHOLE?
    DARL
    How do you spell COCK SUCKER
    McBRIDE

    End of today's lesson

  242. Thank You SCO! by ansak · · Score: 2, Interesting

    I was beginning to think you were incapable of further follies. I've had my gut-laugh for the day and I feel much better now.

    But seriously, wouldn't it be wise for Stallman, Torvalds and all to take the stand and essentially tear the case to ribbons from discovery? They wouldn't have to restrict themselves to quoting the e-mail chain that wandered around IBM's submissions to the kernel. They could actually give the oral version, complete with iterating under oath how retaining "freedom" is so important that they do everything they can to keep disallowed trade secrets from leaking into the kernel. Not a bad set of things to have show up in sworn testimony.

    --
    Still hoping for Gentle Treatment...
  243. I can't wait to read slashdot tomorrow by Anonymous Coward · · Score: 0

    this is better than "after-party party gets out of hand; Madonna's strap-on assaults Britney.

  244. One whopper I can't let go... by VT_hawkeye · · Score: 2, Insightful

    Most of your rant was great (I jumped to Mac OS X for the same reasons you run Linux), but I just can't let this go:

    "[Y]ou have to remember that if you exercise your own freedom effectively, war is not necessary."

    That's only true if the other side also believes in effective exercise of freedom. In that case, everyone's happy. But if the other side doesn't, you can only exercise your freedom until they decide they're tired of your freedom and want to end it.

    At that point, if you want to continue exercising that freedom, you have to fight (go to war, whatever your preferred terminology is) for it. Freedom isn't free -- it's been bought geopolitically in blood for hundreds of years, and bought judicially in countless dollars (pounds, euros/predecessors, yen) of legal fees.

  245. Coercination and Intimidization by MindNumbingOblivion · · Score: 1
    "I think what they're trying to do is that if you're a potential investor in our company or an industry analyst that says anything even remotely favorable toward SCO, you're going to be subpoenaed by IBM."

    And the Captain Obvious Award goes to Blake Stowell! Come up and recieve your award!
    --
    #define CLUE 0
  246. Services for UNIX, maybe? by plj · · Score: 2, Informative

    Why would Microsoft license a company that distributes software that is a DIRECT competitor to their Server software?

    Ever heard about it?

    --
    “Wait for Hurd if you want something real” –Linus
    1. Re:Services for UNIX, maybe? by nateDigs420 · · Score: 1

      Those tools have been around for a long time. Why wait until the last 6 months to License?

  247. Irrelevance by Anonymous Coward · · Score: 0

    The day these witnesses appear in court, the only thing IBM attorneys will be saying is "Objection, relevance."

    The soci-political views of the creators of the Kernel and GNU/Linux are not relevant. Their opinions of SCO aren't either.

    Their contributions to the Kernel and to GNU/Linux are relevant, but everyone know's these people can write code and don't need to steal, so who gives a fuck what SCO is going to say?

    The only thing that's relevant to the case are questions and answers that address one question: Was system V stolen from?

    The answer is no.
    Period.

    The fact that it's taking so long for this to be aired in a courtroom is the only thing making this case even remotely interesting.

    Still, I wish these fuckin' retards would just close up shop, and stop waiting time in the courts. This is why cases that really matter aren't heard; because morons tie up courtrooms trying to fight battles they can't even hope to win.

    Fuck SCO, and be done with it.

  248. RMS, just what we need.. by nurb432 · · Score: 0, Flamebait

    While RMS was instrumental for starting the whole OSS movement as we know it today, and with out him, and his contributions, we may not even be here discussing this today.... ....He is a nut... And is the last person we want in court speaking for the community as a whole....

    --
    ---- Booth was a patriot ----
    1. Re:RMS, just what we need.. by Bassman59 · · Score: 1

      nurb: "What part of "the right of the people to keep and bear arms, shall not be infringed" do you not understand ----

      What part of "well-regulated militia" do you not understand?

  249. Re:Criple Fight!!!! by Tetsuo · · Score: 1

    Well I'm using a computer dual booting linux & w2k for 2 reasons only: it fits my need. Did I forget something?
    But that's beside the (my) (your) point: why bother? Because choosing one OS instead of another is more

  250. Re:Criple Fight!!!! by pjrc · · Score: 1
    It makes no difference to anybody except yourself what you want to use...

    Alone, one person's decision makes very little difference.

    But in aggerate, the decisions of millions (or the decisions made for them by OEMs and default settings), make a dramatic difference.

    The "market share" is what drives hardware vendors to write drivers or release specs, and it influences software vendors to port their applications. It also makes a lot of people take interoperability seriously, such as making websites conform to standards.

    Your choice, and my choice, and that of others in terms of "market share" does make a difference for everyone. Even for people who made different choices than we may have, it still makes a difference, as cross-platform development, conformance to standardards, and design for interoperability are usually a win for everybody involved.

  251. Papa Stallman? by macdaddy · · Score: 1
    including that my mother knew him in the late 70s :)

    Hmm... is there something here that you're not telling us? Maybe you should ask your mother....

  252. Can't do that. by SharpFang · · Score: 1

    Embedding content in HTML pages is patented, dont you remember?

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  253. Re:Criple Fight!!!! by Tetsuo · · Score: 1

    More a utilitarian fight than a moral choice if you ask me. I support linux and other free software initiatives because they looks more viable than closed source/propietary alternatives. I use free software because I firmly believe it has the potential of becoming the solution of choice within 5~10 years. Not because of some IP rights but out of sheer usefulness. If I let MS and some other win the fight (because I think it is a fight), I'll loose in the end, maybe 10 or 15 years from now.

  254. 2nd THAT motion by fleppir · · Score: 1

    I would roll my own but SCO would claim copyright since it is a derivative of their work.

    --
    I am the Barber of Seville.
  255. THE FILES SCO CLAIMS TO OWN! by Anonymous Coward · · Score: 0

    SORRY TO SLASHDOT GROKLAW, but here you go:

    http://www.groklaw.net/article.php?story=2003111 20 3544653

    THROW ME SOME MOD POINTS SO EVERYBODY READS THIS!

  256. Re:Criple Fight!!!! by BlueboyX · · Score: 1

    "It's like Freddy Krugar, with #comments." You should make a slightly modified version of that your sig.

    --
    "Never, never suspect the dreams within the dreams of dreaming children." ~The Amazon Quartet
  257. This is a purely PR move... by BlabberMouth · · Score: 1

    what could they hope to obtain from the people they are subpoenaing. None of those entities have any access to information on this case that isn't public knowledge. Each individual can file a motion to quash the subpoena which can also ask for sanctions against SCO for abuse of process.

  258. McBride sucks Bill Gates dick by Anonymous Coward · · Score: 0

    McBride : Oh master I hope u like my sucking I am doing my best to put fud on linux to make crappy windoze look better. People will get scared to use linux so I hope you sell more of crappy windoze which is piece of filt.

    Bill Gates: Aaaah yeees I will send mo money.

  259. Most posters are unclear--- by dbrower · · Score: 1
    Stallman and Torvalds are unlikely to ever see the stand of a courtroom with a Judge moderating. They are likely to be deposed in a motel somewhere by a gang of SCO lawyers, a court reporter, and their own representation. IBMs attorneys might not even be present. Such a deposition can go on for days, and becomes a fishing expedition for potential inconsistencies. Aggressive deposition questioning can be very aggravating and scary to the person being deposed. It is a serious mistake to take a deposition lightly.

    Just go look at the history of Scientology depositions for examples of aggressive litigation. Google for "deposition" and any of the following: "scientology", "moxon" "kobrin" or "henson".

    Bill Gates didn't testify in court at the antitrust trial -- it was edited chunks of a video taped deposition.

    -dB

    --
    "It if was easy to do, we'd find someone cheaper than you to do it."
    1. Re:Most posters are unclear--- by Anonymous Coward · · Score: 0

      What happens if you plead the fifth during the deposition to strategically place yourself in court where you might have better odds? Can you revoke your plead once you are on the stand?

  260. Insist on Cash.. by adeyadey · · Score: 1

    Torvalds el al should ask the court that SCO should pay substantial cash sums into the court before they appear - ie - security for thier expenses, time, etc.. Remember that it is SCO bringing this case..

    --
    "You lied to me! There is a Swansea!"
  261. Abuse of Process, and Malicious Litigation. by jcr · · Score: 1

    I think Linus and RMS have grounds to go after Darl et al personally for this.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Abuse of Process, and Malicious Litigation. by hesiod · · Score: 1

      > I think Linus and RMS have grounds to go after Darl et al personally for this.

      Unless Darl McBride told his lawyers to subpoena L & R just to cause them problems or for PR (ie, he ordered malicious abuse of the jud. system specifically), they can't sue him personally. Only SCO.

  262. please mod up parent by Anonymous Coward · · Score: 0

    pseudo-mod +5 "Gotcha ;-)"

  263. Curious by uberdave · · Score: 3, Interesting

    If I answer without those precise definitions, the jury might come to the wrong understanding of what I'm saying. Since I know that, that would be perjury, wouldn't it?

    Would it? I'm curious. I've always equated perjury to lying. If someone truthfully answers a question when they *know* the answer will be interpreted incorrectly, have they committed perjury?

    1. Re:Curious by surprise_audit · · Score: 1
      If someone truthfully answers a question when they *know* the answer will be interpreted incorrectly, have they committed perjury?
      If the judge says so, yes. If you argue, you're in contempt. Keep on arguing and they drag you away - at least out of the room, if not to an actual cell.

      Sure, you might later be able to win an appeal, but in the meantime, SCO paints you as a lying son-of-a-bitch, it gets in all the papers, and your reputation may never recover. Better to ask for clarification of any suspect terms in the context in which they are currently being used, calmly pointing out that previous usage appears to be at odds with the question now being asked.

      The risk here is that RMS, Linus et al are going to be presented as hostile, subpoenaed witnesses, so their answers may be restricted to yes/no. I'm not sure if they'd be allowed to ask much clarification. In their place, I'd sure like to keep notes as the questions are asked, but would the judge allow it?

  264. Old quote... by HiggsBison · · Score: 1
    I recall an article from Soldier of Fortune magazine back in the 80s. Subtituting "fuck" for [bleep], I believe it was something like:

    The fucking fucker's fucking-well fucked.

    [Gratuitous MS-bashing alert!]I've used that on Windows many a time.

    --
    My other car is a 1984 Nark Avenger.
  265. Re: Intellectual Property Enumeration by Bob9113 · · Score: 1

    The phrase "Intellectual Property" pisses Stallman off because it has no meaning, whereas "Patents, Copyright and Trademark",

    You forgot "protocols, security holes (covered by anti-copyright; the copyrighting of blocks of code you didn't write but should have), and ink-jet cartridges."

  266. All your Malloc routine.. by adeyadey · · Score: 3, Funny

    are belong to us..

    Darl..

    --
    "You lied to me! There is a Swansea!"
  267. SCO is pleading insanity. by Bowie+J.+Poag · · Score: 1


    I would like to take this time to subpoena General William Tecumseh Sherman, Fred "Rerun" Berry, Amelia Earheart, and The Guy Who Does The Voice For Tony The Tiger because each have more to do with this case as Stallman and Torvalds have.

    --
    Bowie J. Poag

  268. ACLU?? by Badanov · · Score: 0, Flamebait

    What the FUCK do those ecommunists have to do with this case, or any case regarding property rights? Go ahead and take some karma. I'm having it later.

    --
    Dawn of the Dead
    1. Re:ACLU?? by Anonymous Coward · · Score: 0


      Mr. Badanov (518690 http://slashdot.org/~Badanov)

      Of your last 24 posts you have managed to achieve
      * 5 0's
      * 3 -1's (negative scores are so rare, and you have three, you are surely the envy of your ward)
      * 15 1's

      There is a certain 'noise' level beyond which the internet will become useless, you appear to be the primary smokestack contributing to the pollution.

      If slashdot has a ban mode you deserve it.

  269. Time for Linus's wife to kick butt... by Anonymous Coward · · Score: 1, Funny

    She was the 6-time Finnish tae kwon do champ. She is more physically fit and intimidating than either Linus or RMS. Time for her to kick McBride's nuts halfway around the planet...

  270. Re: trebeck by dollargonzo · · Score: 1

    alex trebeck. (perhaps a tad american centric) go watch sean connery debase trebeck in the "celebrity jeopardy" skits on Saturday Night Live.

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
  271. Interesting... by petermdodge · · Score: 1

    ... they forgot to supeona God.

    --


    Peter M. Dodge,
    Chief Executive Officer,
    LiquidFire Studios

    Platinum Linux - www.
    1. Re:Interesting... by Tony+Hoyle · · Score: 1

      No they didn't - Linus was definately in that list...

  272. Re:How about an investigation tsarkon retorts ... by Anonymous Coward · · Score: 0

    but then this is the US legal system we're talking about.

    Yeah, there are so many better models in action today, right?

    Man, I harken for the days of the Soviet's judicial system. Or the European one even better! The EU stripping rights away left and right, starting with guns.

    Oh, the Islamic Sharia is the best. Hands & feet cutr off, penises mutilated, clitorises chopped off - and of course, stoning to death.

    Or, China! Yes, where they shoot you in the head for pissing on the Commies, send the bill for the bullet to your family, and then turn your bones into fertilizer. That is a fucking great system, isnt it?

    What a tird. What makes you think that because MSFT and others file frivolous lawsuits about GNU/Linux will be supported by the judiciary? The law on these matters is fairly well established, and the judiciary doesnt make new law, so.. thats a stretch. And also, what laws regarding this stuff in general, software piracy, RIAA/MPPA mess, etc, has done anything about the problem? These laws would be unenforceable. When was the last time you saw the GNU license enforced?

  273. Re:You smart? Stallman Dumb? by HiThere · · Score: 1

    I don't think he'd be useless. I think he'd be quite damaging. He's the one who organized the debunking of their faked greek code event.
    (Well, that's a lousy description, but you know what I mean.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  274. Free Tickets to SCALE by MrMorph · · Score: 1

    Southern California Linux Expo on November 22nd at the Los Angeles Convention Center in Los Angeles, California. Other exhibitors include Real Networks, Novell, and Pogo Linux. Some of the speakers include Seth Nickell, Chris Dibona, Patrick Mochel and John Terpstra. Full and student tickets are still available for this event as well as free exhibition only passes using the FREE promotional code.

  275. Re: trebeck by ScrewMaster · · Score: 1

    Should've picked up up a Jeopardy reference. Sorry. It's Alex Trebek, actually. That's what confused me. Normally he was referred to as "Alex" on the show:

    "I'll take evil monopolistic software corporations for one hundred, Alex."

    --
    The higher the technology, the sharper that two-edged sword.
  276. Court TV by jefu · · Score: 1

    I want to see all these folks on the stand on Court TV. Probably won't happen, sigh.

  277. How are they gonna serve Linus? by Facekhan · · Score: 1

    I apologize if I am wrong but I thought Linus Torvalds lives in Sweden or Norway or somewhere in Europe.

    The US courts have no jurisdiction and no way to compel Linus to appear if he is living outside of the US.

    1. Re:How are they gonna serve Linus? by theolein · · Score: 1

      He lives in California. Try Google.

  278. Re:Moderators.. by Anonymous Coward · · Score: 0

    Maybe you should set up an online petition, that'll be just as effective.

  279. The right to secure your rights is a right by argoff · · Score: 1

    Name one freedom that wasn't achieved without a fight. Rights and freedoms are useless without the right to secure those rights as well. It also reminds me of that saying .. if you have slaves on the plantation, but silence on the battlefield, that is not peace.
    Copyrights by their very definition are a form of controll, and by their very nature touch everybody. It is a worthy cause worth fighting, and it is a worthy cause to recuit others to. Large and powerfull interests are clashing - like it or not this is a war, like it or not you are taking sides even if you choose not to take sides. It reminds me of the people who wantingly believed that the slave states could get peacfully get along with the free states (US history btw). They were pitiful, and they just didn't get it, and they were taking sides too even if they tried to deny it.

    1. Re:The right to secure your rights is a right by DenOfEarth · · Score: 1

      Thanks, I like your comment... As a human being, you have the freedom to fight for what you deem is necessary. If it requires a fight, you are free to fight it, if you think somebody has to grant you a right to fight for your freedom, then you are not free. As an example, as a human being you are free to murder (I think this happens most of the time, nobody is stopping those guys from doing it), and if the cause is worthy (revolution, say) and enough people support you, than you need not worry. But if you upset the balance (murder, etc.), than perhaps some of your co-habitants may be unhappy, and try to punish you for it. It's a little bit of freedom that we give up to live in security.

      all I'm trying to say is simply that freedom is not a right granted us by some government or religious institution, it is ours by birth, and we do with it what we please, and occasionally we must exercise this freedom in overthrowing the oppressors...

      I totally agree with you about copyrights, and most intellectual property issues seem to be unreal to me. This SCO thing is ridiculous, and since I enjoy using my gentoo box (alot!) I will cheer their fall. But I'd like to know what I should do? I use OSS, I tell people why I like it, I try to clear up my father when he reads the paper something about SCO and linux...etc. Just when it's time to give my life over software, I probably won't...it's just not worth it.

  280. Here's audios of RMS speeches: by ciaran_o_riordan · · Score: 4, Interesting

    There are ogg recordings of 12 of his speeches from the last 3 years on the GNU philosophy audio page.

    Also note that the issue of the name "GNU/Linux" is not about credit (more explanation here)

    And an explanation of the fiasco regarding Stallman being asked to talk at a "Linux User Group" is available here.

  281. well where is alan? by Adolf+Oliver+Bush · · Score: 0

    im surprised i havent seen anything regarding Alan Cox yet...

    --


    This post cannot be re-broadcast without the express written consent of Major League Baseball.
  282. Re:When I see this about Stallman by symbolic · · Score: 1

    It reminds me of the main character in one of Rand's works, as he sat in a court room and explained why he set a building ablaze that he designed. It's not the deed that I'm referring to, but the passion they both have for what they believe - and the good part is that in both cases, those beliefs are quite substantive.

  283. IBM will also depose RMS and LT by LightSail · · Score: 2, Informative

    The Ibm questions for RMS and LT should open up some very interesting facets of Unix history. AT&T vs BSD, POSIX standards, BSD code in SysV, LKP questions, UNIX source in public domain, Caldera Linux history and more that SCO hoped would never be considered by the court.

    SCO doesn't really want these two standard bearers of Open Source to set the court straight, which IBM will surely make happen.

    Open Source is the life blood of these two men, they live and beleive it. They will both be well prepared and be SCO's worst nightmare come to life.

  284. Ahem, OpenBSD by Anonymous Coward · · Score: 0

    If you don't already know, the company that MS hired to do their Services for UNIX (Interix is the name I believe) pretty much took OpenBSD 2. something and ported it to win32. There is nothing wrong with this, and I fully support it (how else do you make Windows useful? Obviously you install *nix software, even MS recognizes this.). I only see this as an affirmation of the great code in open source in general and OpenBSD in particular: it is the chosen implementation and it is portable enough to compile the useland on a different os entirely. Services for UNIX is a great product that I would demand...if I used windows. Personally, I have a copy of FreeBSD.

    Brandon

  285. Now I am truly puzzled???? by theolein · · Score: 1

    Why in hell would SCO subpoena Linus, Transmeta and RMS? I am very confident when I say that Linus, RMS and Transmeta in it's Linux dealings have never done anything with respect to Linux (sorry, GNU/Linux, Richard old chap) that is not a matter of public record. All the files, patches etc that have been inlcuded in the Linux kernel are available on the internet, as is the GPL. Linus' work on Linux done while working for Transmeta is well known as he stated that his contract allowed him to work on Linux, and no one has ever thought that Transmeta had some hidden SMP/NUMA know how etc.

    Likewise the early Linux/GPL story is also a matter of public record as are the files.

    The Novell subpoena is probably pure blind shooting in an attempt to discover some hidden agenda to discredit SCO by Novell by choosing Linux as its future. The interesting bit here is that we will finally know what the true deal was between Novell and SCO over the Unix properties.

    There are only three semi rational conclusions that I can come to:
    1. is that SCO is going to try to destroy the GPL in court, either by claiming it is not a valid licence (you can imagine the precedence that would set up for Microsoft's fuck ugly EULA's) or by trying to do some nationalistic McArthy era skullduggery in claiming RMS is a commie traitor and Linus an incompetent leader i.e chracter assasination. However that would leave them wide open to massive claims of copyright abuse by all the Linux contributors.
    2. is that Microsoft is truly behind this case and that it is all part of a final MS funded and supported massive attack on OSS that will either succede and lead to total dismissal of OSS in the US* or be a huge setback leading to criminal charges aginst many in the industry. The way things are going I'm not so certain that this isn't the way things are going to turn out. The stakes are pretty damn high and the whole thing stinks of some underhanded motives.
    3. It is truly an utterly desperate attempt by a dying company to raise its stocks value or get bought out. I think the original attempt was to get bought out but Darl and company miscalculated horribly and then went for plan B which was to pump up the stocks and get out.

    *This will have no swing whatsoever outside the US and will probably work against MS there.

    However I have one hope for these subpoenas, and that is that Novell, now a Linux company with SuSE and Linus, finally get off their fucking collective fat arses, get some lawyers and sue the hell out of SCO. The result of multiple lawsuits against SCO will almost assuredly kill SCO's stock value pretty soon.

  286. with all apologies to Denis Leary... by Lord+Custos · · Score: 1

    for maximum effect, chant this really fast in an overcaffinated spaz attack....

    I've got two words for you, Darl:
    Cornered rat!
    I've two more word for you:
    Extinct Assh*les!
    Okay!? I think you hear me knockin, Darl. And I think I'm comin' in! and I'm bringing in a swat team of crazy muthaf*ckin' OpenSource goons.
    Do you know how many of these crazy f*cks know karate? Huh? HUNH!? Do ya? Huh? And how mad they are? Huh?
    Oooooh-ho ho ho ho ho! They reeeaaaaly want to meet you! Oooooh, yes, my friend!
    (Long drag on cig)
    Yeah. Darl and Chris and Blake. You're all invited to a barbeque. GUESS WHO'S ON THE MENU!


  287. CMD (Code of Mass Duplication) by Slavinski · · Score: 2, Funny


    Sounds like SCO is following the Iraq WMD tactics.
    They have yet to produce any Code of Mass Duplication. :)
    --
    SCO: All your codes are belong to us.

  288. Congressman Barney Frank's reply to earlier suits by hqm · · Score: 5, Interesting

    I just posted this in an earlier SCO story, but I thought it was worth posting again -- I sent a letter to our congressman, Barney Frank (D- MASS), about SCO's abusive use of the court system. He sent this reply:

    - - - -
    September 26, 2003

    Dear Mr. Minsky,

    I share your view that the suits being brought by the SCO Group
    against the users of the Linux system are an entirely inappropriate
    use of the legal systems for broader corporate purposes. While I have
    not been able, obviously, to examine these in detail, the suits do
    not appear to me, from what I have read, to have any merit, and in
    fact seem to be motivated, as I said, by an effort simply to prevent
    the use of Linux for competitive reasons.

    There is, unfortunately, a very limited role for Congress here. I
    agree with those who would like to see us "stop SCO from punishing
    innocent consumers to inflate its other legal claims." But under our
    separation of powers doctrine, Congress has no role whatsoever to play
    in the pursuit of particular cases. We can pass laws which prevent
    certain types of suits from being brought, but it is very, very
    difficult to pass those in a way that would be retroactive ? that is,
    that would apply to existing suits. And the problem with this suit is
    not that it is of a sort of legal claim that is inappropriate to
    bring, but that it is totally unjustified on the merits. In other
    words, the remedy here is for these suits to be dismissed on their
    merits and Congress has no role, as I have said, in doing that.

    I am prepared to join in expressions of extreme disapproval of what
    SCO is doing, and I will be consulting with my colleagues to see if
    there is a movement to do that. I hope that will have some impact on
    them. All of these lawsuits brought against individuals will of course
    be dismissed but I realize that is of little consolation to people
    who have had to go through the trouble and expense of defending against
    them. It may be that at some point a judge will act decisively enough
    in this regard to prevent this proliferation of suits, and while, as I
    said, our Congressional role is very limited here, I will be
    encouraging anything we can do along these lines.

    Barney Frank

  289. Rigged: A Mormon firm suing non-Mormons in UTAH by watermodem · · Score: 1

    You are all missing the point.

    Utah is Mormon!,

    SCO is Mormon.

    The Judge is likely Mormon!,

    Why even have this trial? A non-Mormon (firms and people) can not get a fair trial in UTAH!

  290. Dude! by NeoNormal · · Score: 1

    Just how well did your mom "know" him?
    How OLD ARE you?
    Have you looked in a mirror?
    </HUMOR>

    Humor tags to be sure no offense is taken.

  291. Let Tim O'Reilly speak. by dremspider · · Score: 0

    He would be by far the greatest in the Linux community at speaking to the public. I fear the Stallman will get up and start talking about how it is GNU/Linux, how all software needs to be totally free, etc.,etc.

  292. I hope IBM doesn't buy them by Anonymous Coward · · Score: 0

    Rumours have suggested SCO is trying to get IBM to buy them to make the whol ething go sway.

    I hope IBM doesn't buy them. I'd much rather see them ruined.

  293. publicity tactics by spamchang · · Score: 1

    but SCO stock immediately upon opening of markets and dump it before noon. well, except for the first part, that's what the SCO execs are doing with every press release.

  294. Re:When I see this about Stallman by Anonymous Coward · · Score: 0

    It's ironic you bring that particular example up. The character who destroyed a building that he designed did so because it had been modified from his original. He believed he owned the rights to his creation, even after he had contractually released them. Stallman believes in exactly the opposite - the creator of the original product releases rights to the buyer - that the users of the software have the right to modify it as they wish. Not arguing on either side. Just find it interesting to think about. I believe Howard Roark would abhor Richard Stallman, for what it's worth.

  295. Apparently Not by bstadil · · Score: 1
    but they're doing it.

    Someone had the bright idea to check with Linus and apparently he hasn't received anything.

    For more info head over to GrokLaw

    --
    Help fight continental drift.
  296. embolism by Anonymous Coward · · Score: 0

    embolism

  297. FYI, the correct word to have used would be by Anonymous Coward · · Score: 0

    bigot.

  298. Bigger Mistake by cl0r0x70 · · Score: 2, Interesting

    Wow. Dragging in those guys is like playing pickup basketball and demanding that Shaq, Kobe, Duncan, Kidd, and Garnett all get on the court against you at the same time. Unfortunately, I'm not sure the referee (the U.S. Court system,) is competent enough to call the game correctly. . . .

  299. No subpoenas have been served by DaveAtFraud · · Score: 1
    GrokLaw points out that no papers have been filed. As usual, Blake Stowell is not a lawyer and should keep is mouth shut about things he doesn't understand. This is not to say that SCO won't file the papers tomorrow or some other time but, as of close of business today, the paper work to subpoena the people SCO claims they have subpoenaed hasn't even made it to the courthouse let alone been served. Also as usual, SCO can't keep their "facts" straight if they even know what a fact is.

    Hmmm. Maybe SCO has been doing that crack Linus accused them of being on.

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  300. Argument mismatch by Anonymous Coward · · Score: 0

    The original poster is clearly not referring to the GPL text (which has not been reviewed 100s of times,) but the works constituting the GNU project. The argument being that SCO will have a hard time painting RMS as someone with little respect for IP (despite what he preaches), and therefore part of the problem they face fighting the GNU/Linux bandits, when he sets out to deliberately write functional equivalents to existing IP-burdened tools, amounting to thousands of lines of code. Is this masochistic someone anybody you could ever accuse of representing a pattern of plagiarism in the community with a straight face?

  301. Going against Linus is stupid by Scot+W.+Stevenson · · Score: 2, Interesting
    I'm aware that this is a subpoena and not an attack on Linus, but from a PR point of view, this is really, really dumb and must be making the people on SCO' side cringe: Linus is just too nice of a guy (at least in the public eye outside of Redmond) to draw into this; this will be sort of like sending a subpeona to Ghandi for a lot of people. Note that even Microsoft has avoided major attacks against "Saint Linus of the Penguin". I wonder if HP will still stand up for their "friends" at SCO and send them money for that road show after this.

    Then again, Groklaw has this nice quote:

    You know, it isn't exactly normal to announce who you are going to subpoena. For one thing, the party might go on a 2-year world cruise on a raft or something, and then you might find them hard to timely serve. Not that I'm trying to give Linus any suggestions, of course. But a guy might just find himself pining for the fjords.

    Given the snail's pace of the U.S. legal system in this case, he might just decide to stay in Europe.

  302. Re:How about an investigation tsarkon retorts ... by Dwonis · · Score: 2, Insightful
    Yeah, there are so many better models in action today, right?...

    <sarcasm>You'd make a great engineer! Or a great scientist! Or a great artist! Or a great anything!</sarcasm>

    Just because something better may not currently exist does not imply that something better cannot exist.

  303. Is SCO's case distracting us from Longhorn? by Anonymous Coward · · Score: 0

    Longhorn is predicted to be released at about the same time as SCO's case is settled.

    Coincidence?

    I wonder if Microsoft is paying SCO to distract us from preparing for Longhorn's new file system.

  304. Are you kidding? by ukalum · · Score: 1
    I'd say SCOs' PR strategy (via legal recourse) is aiming to discredit them as leftist/socialist/communist subversives (don't laugh) to the American pro-capitalist mainstream.


    The "American pro-capitalist mainstream" are not going to stop their adoption of linux because SCO tried (or even succeeded) in painting these guys as socialists. The reason? Because companies will still be able to make money using linux.

    The bottom line is what counts. You seem to be suggesting that companies make hardware/software choices based (at least in part) on moral reasons, and that hasn't been my experience.

    1. Re:Are you kidding? by jte · · Score: 1
      The "American pro-capitalist mainstream" are not going to stop their adoption of linux because SCO tried (or even succeeded) in painting these guys as socialists.

      You're confusing my post with its replies.

      Where in my post did I say that SCO is trying to stop the adoption of linux? SCO is trying to OVERTAKE the adoption of linux and its BECAUSE of its healthy bottom line.

      SCO is also attempting to discredit the current OSS model as unstable, unaccountable and unmanagable. Who do you think they're trying to convince? They're doing it by attacking the GPL and its advocates.

  305. Moderator on crack by (void*) · · Score: 1
    I too have seen and spoken to RMS personally, and I have no objections to his hair, dress or speech. His speech is well-thought out and spiced with real world examples of propriety software licences hindering the practical solution of problems. All the jokes on slashdot about him being unwashed, being a pinko and all that is just plain cruel. To the fucking moderator who thought that funny, I'm seeing you in metamod.


    Having a sense of humor means knowing when not to laugh at something, even if it was said in jest.

    1. Re:Moderator on crack by Nevyn · · Score: 1
      too have seen and spoken to RMS personally, and I have no objections to his hair, dress or speech. His speech is well-thought out and spiced with real world examples of propriety software licences hindering the practical solution of problems. All the jokes on slashdot about him being unwashed, being a pinko and all that is just plain cruel. To the fucking moderator who thought that funny, I'm seeing you in metamod.

      Well, that's good and gives me some hope. But I've heard more than a couple of first hand accounts of him cutting his toenails at the dinner table or not having showered recently to be dismissive of others saying the same (however I would presume that he wouldn't do that on "the stand").

      --
      ustr: Managed string API with ave. 44% overhead over strdup(), for 0-20B
  306. Terms of Endearment... by Crazy+Eight · · Score: 1

    always matter, even when they shouldn't. That's the point.

  307. Update: No subpoenas have been served by DaveAtFraud · · Score: 1

    Apparently Linus got his served with dinner. Unfortunately, this is not a joke.

    Looks like the only thing Blake Stowell got wrong was the "tense" of his staement. He should have said that they "will be served."

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  308. Re: trebeck by dollargonzo · · Score: 1

    on the show, yes. but connery kept calling him trebeck on SNL :)

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
  309. The price of freedom by Presence1 · · Score: 2, Interesting
    " The price of freedom is eternal vigilance. " -- Thomas Jefferson

    This applies to all freedoms.

    You state "... this isn't about war, it's about freedom...and you have to remember that if you exercise your own freedom effectively, war is not necessary."

    This lovely sentiment is only true until someone comes along and tries to take that freedom. Then, you either decide that peace is more important than freedom and let them have it, or you fight for that freedom.

    The requirement to defend any freedom is is simply part of the human condition.

    Absence of a need to defend your freedom is only evidence of living in a lucky time; it is not evidence of the absence of the requirement to defend that freedom.

    We may be unlucky to have this SCO crowd attempt to kill GPL, but I thnk it is inevitable; if not them it would be someone else. OS is too powerful an idea for those corporate power types to leave alone. If you don't want to fight, fine, but quit whining and snivelling!

    1. Re:The price of freedom by DenOfEarth · · Score: 1

      Thanks for your commentary. Good sentiments all, I am just getting a bit irritated by the freedomites who jump the gun and aren't playing realistic mind-games about this. Yes, it is possible that SCO might win their case in court, so does that mean as soon as that happens I will stop using linux? Most definitely not. Does that mean people will come to my house and accuse me of being a terrorist? Possibly, but if they are doing it to me, than they will have to do it to so many people that it won't be worth any law enforcement force's time. OSS will continue to exist from now until the end of time (I can't clarify that). It's seen as an effective model of software development, and even if some laws get enacted against it in it's current form, it will mutate into something else...the internet has yet to bear its full fruits on the intellectual horizon of the human race. I just wanted to clarify that when i stated:

      ... this isn't about war, it's about freedom...and you have to remember that if you exercise your own freedom effectively, war is not necessary.

      If you exercise your freedom to resist the oppressor with physical force, the question is, what came first, the freedom as a human being you took to act, or the war that was the act? We are always free...even though society may not always be...

  310. This is just a bad dream!!! by maddmaster · · Score: 1

    This is all a bad dream... This just another fucking bad dream...

    --
    Never argue with an idiot, they'll drag you down to their level and beat you with experience.
  311. Forgot one by Anonymous Coward · · Score: 0

    They also grepped for IBM.

    Also they are very proud of providing more discovery material to IBM than IBM has provided to them. They failed to mention that 99% of the material consists of a hardcopy printout of the source for the Linux kernel. Nearly one million pages of printout. I hope the judge will be as impressed with that as I am, which is to say "not impressed at all".

  312. Whats so funny about this... by Bubbahyde · · Score: 1

    ... is Richard Stallman always wanted credit for having worked on early linux\gnu project and now he got it in the form of a subpoena.

  313. Statements on patents by Anonymous Coward · · Score: 0

    And Linux has stated that he doesn't care about patents and will ignore them. Expect SCO to ask him questions about that.

    1. Re:Statements on patents by Darth+Yoshi · · Score: 1

      And Linux has stated that he doesn't care about patents and will ignore them. Expect SCO to ask him questions about that.

      Except SCO doesn't own any Unix patents, so the question would be only of academic interest.

      --
      // TODO: fix sig
  314. Aren't you glad... by Anonymous Coward · · Score: 0

    ...he didn't say Belgium?

  315. Definition of Subpoena by Anonymous Coward · · Score: 0

    Subpoena, Breaking it down into its two logical parts we get, sub - poena, two latin words. Sub of course mans under; and poena means penis. So we have "Under the penis." Under your penis you will find your testicles. So, basically, the court has got you by the balls.

  316. And don't forget... by Anonymous Coward · · Score: 0

    You quash a subpoena, not squash one.

  317. Re:When I see this about Stallman by symbolic · · Score: 1


    Was it that he believed he owned the rights to it, or that he did his work on an "as-is" basis. That is, take this as I have done it, or don't take it at all. I can't remember, but didn't they even promise not to change his design, but did so anyway?

    It's interesting to think about the differences you've mentioned.

  318. Won't work.... by Slashamatic · · Score: 1
    I had thought this too but it won't work. Torvalds is far from being a commie/leftie and if anything, RMS will come over as a pedant (the legal profession is full of those) and a libertarian.

    Remember that RMS started the GPL thing after he saw someone trying to sell back to the MIT AI Lab what he had written for the lab. This is a key point which should be respected in court. Torvalds doesn't have anything against commercial software -it's just that Linux isn't. RMS may not like closed source software but he fully supports commercial funding of open source projects or commercial style support.

    IBM and the FSF have good lawyers. As long as they are clever, both Linus and Richard can put on a great show for open software and the GPL.

  319. Nonsense by knautilus316 · · Score: 1

    IBM is based out of New York. If IBM is responsible for these infringements, WHY THE HELL ARE THEY SENDING SUBPOENAS TO THE OTHER SIDE OF THE PLANET?!?!?

    ~Knautilus

    1. Re:Nonsense by hesiod · · Score: 1

      > WHY THE HELL ARE THEY SENDING SUBPOENAS TO THE OTHER SIDE OF THE PLANET?!?!?

      I wouldn't consider California the other side of the planet. They act like it, but they are not.

  320. subpoenas loopholes, are there any? by Bob+Bitchen · · Score: 1

    What's the law regarding subpoenas? Do they have to show? What if they can't afford to get there? What if they have family issues that require them? What are the loopholes in getting around subpoenas?

    This will no doubt be the most popular geek destination for the year. Assuming it ever happens.

    --
    http://tinyurl.com/3t236
  321. Re:Congressman Barney Frank's reply to earlier sui by Cpl+Laque · · Score: 1

    As a resident of Mass. and a conservative(notice small "c") things like this make me feel bad about all the mean things I've said about the Honorable Mr. Frank. Today he has earned my vote.

    But Ted Kennedy he still drives me crazy.

    Ted Kennedy's car has killed more people than my guns.

  322. Re:Criple Fight!!!! by tentimestwenty · · Score: 1

    I agree with the idealism of your thesis - "if you exercise your own freedom effectively, war is not necessary," but this is an entirely subjective definition of war and freedom. One can exercise freedom while in a cage, but the cage remains. Again, one can argue that Windows is not a cage and that it is good, but in the case where someone strongly believes that the predominant OS is a cage, they can only exercise their freedom through warring against the popular opinion. People don't all choose the right thing, in fact they often choose the worst thing. Look at many of the "revered" revolutionary uprisings in the past. Many, if not the majority were by minorities that changed the entire populace and established new ideals that in cases last until today. And, most all of these uprisings required violence of some sort.

  323. SCO is only doing this because... by Anonymous Coward · · Score: 0

    ... they want to show how broken the American court system is.

    You can play it to your tune any way you want, spend huge amounts of other people's time and money while at it and make a few lawyers richer, while almost all participants suffer and the big masses get more court-tv drama.

    What they forgot was to take a queue number and get in the line with the rest of the bunch.

  324. Linux: Reloaded by Tokerat · · Score: 2, Funny
    2. is that Microsoft is truly behind this case and that it is all part of a final MS funded and supported massive attack on OSS that will either succede and lead to total dismissal of OSS in the US* or be a huge setback leading to criminal charges aginst many in the industry. The way things are going I'm not so certain that this isn't the way things are going to turn out. The stakes are pretty damn high and the whole thing stinks of some underhanded motives.
    /me sits and thinks for a moment...

    Linux: Reloaded

    IBM - Which brings us at last to the moment of truth, wherein the fundamental flaw is ultimately expressed, and the anomaly revealed as both beginning, and end. There are two doors. The door to your right leads to the dismissal, and the salvation of Linux. The door to the left leads back to the courtroom, to the GPL, and to the end of your company. As you adequately put, the problem is choice. But we already know what you're going to do, don't we? Already I can see the chain reaction, the chemical precursors that signal the onset of emotion, designed specifically to overwhelm logic, and reason. An emotion that is already blinding you from the simple, and obvious truth: Linux is going to exist, and there is nothing that you can do to stop it.

    *McBride walks to the door on his left*

    IBM - Humph. Greed, it is the quintessential human delusion, simultaneously the source of your greatest motivation, and your greatest weakness.

    McBride - If I were you, I would hope that we don't meet again.

    IBM - We won't.
    --
    CAn'T CompreHend SARcaSm?
  325. Therefore, if I were IBM.... by AtomicBomb · · Score: 1

    If I were running IBM, I would hire a team of college students, give them some nice laser printers and *tonnes* of paper. Then, tell them to start printing every single line of code and message in kernel 1.x-2.x, and all the related archives (like kernel traffic).

    "SCO's Stowell said his company provided about a million pages of documents in response to IBM's requests. "
    Being the once biggest and nastiest company in the world, hevay weight champion IBM should do more than that :-)

    1. Re:Therefore, if I were IBM.... by avdp · · Score: 1

      All that would do is give SCO an excuse to ask for more delays ("Judge, we've got 6 billion pages of paper to go through! we need to pospose the trial until 2010!"). That's what SCO wants (the longer the better, since they most likely don't really have a case) and not in the interest of Linux or IBM.

  326. M$ using dying SCO? by missing_boy · · Score: 2, Insightful

    It seems perfectly plausible to me that M$ is using SCO to launch this completely unreasonable attack on GNU/Linux; I mean, why not? BG and M$ has been using top notch dirty tricks against many software companies before this, and Windows is currently being ridiculed as an unsafe, low-security, inadequate OS, even outside of communities like Slashdot. Explain to me again why we're not discussing this option? Is it too paranoid?

    1. Re:M$ using dying SCO? by Mike+A. · · Score: 2, Insightful

      I may not be an entirely objective observer, but one reason why it's not being discussed might be that there's nothing to discuss. Short of someone discovering some evidence one way or the other, we'd be arguing in a vacuum. Not that's stopped people before...

      --

      --
      Do I look like I speak for my employer?
    2. Re:M$ using dying SCO? by missing_boy · · Score: 1

      Yes, I suppose you're right... But, it would make a nasty revelation to find out that, indeed, the face behind the SCO mask is Bill Allmighty!

  327. Who needs a lawyer? by Martigan80 · · Score: 2, Funny

    With all the comments and sugestions on /. Linux, RMS, et al don't need lawyers, they can read the comments and get all the coaching and legal advise they ever needed-for free!

    --
    This SIG pulled due to lack of funding. (This damn war is costing too much!)
  328. Obligatory Dilbert Reference by Mr.+Arbusto · · Score: 1

    Careful not to step in the leadership.

  329. Well, if you've gotta go... by WoTG · · Score: 2, Insightful

    go out with a bang!

  330. Re:How about an investigation tsarkon retorts ... by Anonymous Coward · · Score: 0

    oh, well then. sorry professor.

    pave the fucking way then. dont bitch about the legal system unless you plan to actively participate in it and reform it.

    im sure your armchair highness has all sorts of "correct" advice to dispense on any topic. ill be waiting to hear more with baited breath.

    you should get the domain name" ditz.net, the l in your name IS silent.

  331. Re:Criple Fight!!!! by DataCannibal · · Score: 1

    Have you been smoking some of tha SCO crack. What the fuck are you on about?

    And who are the big gins?

    I thought Princess Margaret and the Queen Mother were dead :-)

    --
    No but, yeah but, no but...
  332. Re:Criple Fight!!!! by Anonymous Coward · · Score: 0

    When my colleagues send me even plain text contents of emails as attatchments in the latest closed document format that will crash my office program when I try and open it without patching, when I can't read half peoples' web pages because they're in strange variant html which looks right in a grand total of one browsers, when I can't recieve emails because my box is full of "Install this patch from Microsoft Corporation", then it becomes my problem which OS other people are using.

  333. Brevity by akahige · · Score: 1

    I think the phrase you're looking for is, "What the figgity fuck is this?" But that's obviously just a poor approximation.

  334. Hehe, The NSA contributed to linux by kwzatz · · Score: 2, Interesting

    If I'm not mistaken, the NSA has their own distribution of GNU/linux, isn't it ?

    It puts them on the same level as IBM, from SCO's legal point of view, it seems to me.

    I wonder why sco doesn't go and sue THAT part of the US governement.

  335. What SCO Wants by AftanGustur · · Score: 1


    IBM is actually trying to get some facts with their subpoenas, like offending source code. What does SCO think they are going to get out of Linus?

    SCO want's Linus to do their work for them.

    SCO wants the name and address of every person that has contributed code to the Linux kernel in order to match the list they have from companies that have signed NDA with SCO.

    If a match is found, SCO will claim that is the code in question.. (Today SCO has no fucking clue about if they realy have a case or not.)

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  336. Darl McBride Has Much To Look Forward To by Mr_Perl · · Score: 1

    Hm, this may disappoint you.

    --

    My poetry site welcomes the unusual.
    1. Re:Darl McBride Has Much To Look Forward To by FFFish · · Score: 1

      Ain't that the way it always is. Always the best man and never the groom. I despair.

      --

      --
      Don't like it? Respond with words, not karma.
  337. Pink - Get The Anal Sex Started by Anonymous Coward · · Score: 0

    Pink - Get The Anal Sex Started

    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started

    Get this orgy started on a Saturday night
    Everybody's waitin' for me to arrive
    Sendin' out the message to all of my friends
    We'll be lookin' flashy in my Mercedes Benz
    I got lotsa style, got my Armani underwear with an anal hole
    I can go for miles up someone's ass if you know what I mean
    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started

    Pumpin up the Yoda Doll, breakin down' to the grease
    Cruisin' through the rectum
    We'll be checkin' the scat
    Boulevard is freakin' as I'm comin' up your ass
    I'll be burnin' rubber, you'll be licking my ass
    Pull up to the cock shaft, get off in the car
    License plate says Buttfucker #69 Yoda Doll Star

    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started
    Get this orgy started

    Makin' my connection as I enter the manhole
    Everybody's chillin' as I get up his groove
    Pumpin' up the rectum with this rhythmic beat
    Everybody's fuckin' and their fuckin' for me
    I'm your anal operator, you can call anytime
    I'll be your connection to the YODA DOLL LINE!

    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started
    I'm comin' up so you better you better get this orgy started
    Get this orgy started
    Get this orgy started right now
    Get this orgy started
    Get this orgy started
    Get this orgy started right now

  338. BEND-rique IglesiASS - Hung Hero by Anonymous Coward · · Score: 0

    Would you fuck
    if asked you to fuck
    Would you cum
    and never look at my back
    Would you cry
    if you saw me chizzing
    would you fuck my soul tonight

    Would you tremble
    if I touched your buttpipe
    Would you laugh
    oh please tell me this
    Now would you die
    for the one you fuck
    Hold me in your ass tonight

    I can be your Yoda Doll baby
    I can kiss away the pain-in-the-ass
    I will anally spelunk you forever
    You can take my breath away

    Would you swear
    that you'll always be anally mined
    Would you lie like a yellow mattress
    would you remember
    My anus be have I lost my mind
    I don't care you're here tonight

    I can be your Yoda Doll baby
    I can lick away the stains
    I will stand by you forever
    You can take my breath away

    Ohhh I just wanna hold your cock,
    I just wanna hold your balls,
    oh yeah!
    My anus be have I lost my mind
    I don't care you're in my ass tonight

    I can be your Yoda Doll baby
    I can lick away the stains
    (Oh yeah)
    I will stand by you forever
    You can lick my stains away

    I can be your Yoda Doll
    I can lick away the stains
    And I will stand by you forever
    You can take my feces away
    You can take my feces away

    I can be your Yoda Doll

  339. Re:Ahem, OpenBSD SFU sucks by Anonymous Coward · · Score: 0

    SFU sucks hard cock, but not even OpenBSD, which sucks dick so bad when compared to the GOD of all OPERATING SYSTEMS, FREEBSD, SFU sucks so much harder cock than OpenBSD.

    So, less for the day, SFU sucks more dick than any other fake UNIX.

    Long live FREEBSD.

  340. man.... by MoFoQ · · Score: 1

    the politicians need to get off their asses or currently in the case of congress....need to STFU and get laws on the books to reduce if not eliminate all this petty lawsuits....you know...the ones that use the legal system to extort and harrass ppl.

  341. Strategy... by sylware · · Score: 1

    Maybe all that is just a huge trick... strategy kind of thing. SCO sues as much as it can... and at the end they fail. Then nobody will be able to stand anymore against open source as a legal threat. As open source systems get more mature, it will be harder and harder for proprietary software to compete, even impossible economically speaking. So their only remaining option will be legal assault, since technically they could not match.

  342. Re: trebeck by ScrewMaster · · Score: 1

    Ha ha ... I wish I'd seen that. Connery is one of my favorite actors anyway.

    --
    The higher the technology, the sharper that two-edged sword.
  343. Bejaysus! by BigBadBri · · Score: 1
    An honest congressman - how the hell did you find one of them?

    OK - I know honest politicians exist - I can name 5 out of 635 British MPs that are definitely honest, but an honest and reasonable US politician in the land of lobbies and graft?

    How did that happen?

    Anyway, well done Barney Frank for looking at a problem on its merits, rather than on who's paying him.

    --
    oh brave new world, that has such people in it!
    1. Re:Bejaysus! by hesiod · · Score: 1

      > An honest congressman - how the hell did you find one of them?

      He didn't. Barney Frank is not totally honest. He may be much more honest than the average Congresscritter, and I give him 'props' for his stance on this issue, but just because his head is on tight this time does not mean that it isn't a mile up his ass other times.

  344. Re:Congressman Barney Frank's reply to earlier sui by Anonymous Coward · · Score: 0

    Figures Barney would side with Linus.
    Fudge packers stick together.

  345. Nope, that is not what RMS wanted by Per+Abrahamsen · · Score: 1

    He has always tried to resolve GPL violations out of court, either by making the infrigor obey the terms of the GPL or by making them stop distributing GPL'ed code.

    Some would say that shows lack of confidence in the GPL, because going to court is The American Way. As an European I suspect it is just because he, as is common over here, believe that going to court should be a last resort, and threatening to go to court should be the second to last resort.

  346. RMS is a pragmatic idealist by Per+Abrahamsen · · Score: 1

    He is very idealistic and uncompromising about his goals, but just as pragmatic about how to achieve them. The GPL is an example of this, he dislike the copyright system, and yet is willing to use it to achieve his goal.

  347. GPL predates Eben Moglen involvment by Per+Abrahamsen · · Score: 1

    The GPL was written by RMS in cooperation with some other lawyer.

  348. We agree by Presence1 · · Score: 1

    In this posting, you plan to continue to resist even if this particular battle is lost. You will be one of many who continue despite any ruling and risking accusations of lawbreaking/terrorism, hoping to be one of many that make this particular un-freedom too costly for society to enforce.

    There are many forms of resistance, and not everyone can be on the front lines (the military even has a term of art for this, the "tooth to tail ratio"). This may be all we can do, since we cannot all go running down and filing briefs with the court. We also agree that the resistance or fight need not be violent.

    The important thing is to recognize the issue and to be willing to bear the price of your freedom, in this case, the risk of arrest and/or civil suit.

    This causes society to bear a cost in enforcing this particular un-freedom. They are hoping that the potential cost will cause you to censor our own actions and not act freely. We agree that we won't do this.

    Our apparent disagreement may be one of semantics. You say that "We are always free...even though society may not always be...". My perspective is that this is true only in a limited context. For me, the question is whether we are free to do X without any fear of penalty or reprisal. If so, we are free. If not, we are still free to take the action (unless we're talking about breaking laws of physics), but must also recognize and be willing to resist, bear the potential penalty, etc.

    Why not just say that this particular lack of freedom in society is wrong, and that we are willing fight it?

    1. Re:We agree by DenOfEarth · · Score: 1

      Thanks for your follow up comments...I must agree that we were talking semantics more than anything...I think I made my original post in a crummy state of mind, and then felt I had stake in it so kept fighting a pointless battle. I still am not so sure about what freedom means.

      I always wonder about it. I have a great respect for the united states of america, and I believe that a nation built on the idea of freedom is itself a good thing for this world. What really bugs me however, is that every time I go to the states I feel like there are more laws governing what I can't do than I have at home (alberta, canada). The drinking age is 21, yet you can vote at 18 and drive a car at 16? Drugs are illegal and from what I've heard, those crimes are harshly punished (although to be fair I've also heard the opposite). The original prohibition, the forthcoming battle against choice on the abortion field to be carried out by a political party that has a large interest in serving a christian population that I am completely willing to let live in their way, but are not willing to let me live in mine, not to mention the dark chapters of america history that include slavery and child labour, not being able to turn right at red lights at some states(that one in particular drives me nuts) etc. etc.

      I don't believe these measures were all instituted in the interest of restricting peoples freedoms(well, the slavery thing is a bit more complicated), they are simply a result of a long time spent under the same government producing the same types of laws. Y'know, one person has a disagreement with another person, it gets settled in a court of law, setting a precedent for future cases of a similar type...etc. Seems like a simple way to do it, but it basically amounts to a constant loss of freedom to decide the outcomes of these arguments in small ways, case by case...and considering that any government once sufficiently stable will do this, the only solution, IMO is to wipe the slate clean. That's what america did at one point in time, and it was good. now though, the concept of freedom is nowhere near as clear as it used to be. I don't know where I'm going with this, and please feel free to ignore my rambling (thanks for reading, if you did, however), but there has to be some point at which the government is no longer guarantor of our freedom, and we have to step up. And by 'we' stepping up, I mean getting rid of the government completely, and starting anew. Granted this wouldn't be good for the society under the current government, and once it was done, I believe that a selfsame process will begin anew, slowly building a cage of words in which people live. It's such a shame, since I also believe that all people are inherently good, and given absolute freedom, I believe that people would do things that promote a better living for themselves and those around them, even though the realist in me knows that there are those out there who will hurt others for personal benefit.

      Who knows though, maybe I'm just an idealist with a distrust of government, yet realizing that to fight the little battles is useless unless I'm willing to fight the big battle? Maybe I'm more concerned about my freedom from social norms right now, rather than laws, and find self-liberation in that? Is this a good thing? I really don't know. Should I care...well, I try to think about these issues when I can, which is enough for me right now. Rest assured though, when the mass arrest of Linux users start happening, I will proudly fight the freedom battle.

      Best of luck to you

  349. Pulverize first, then buy out. by Phreakiture · · Score: 1

    If IBM et al. pulverize SCO in court first, then the cost of the buyout will be much lower.

    --
    www.wavefront-av.com
  350. You are mistaken by ckaminski · · Score: 1

    NT 4.0 never, I repeat NEVER came with an ls command. 7 years of using NT 4.0, and every time I wanted ls, I had to install either cygwin, Hamilton C Shell, MKS, or SFU. Or write my own.

    -Chris Kaminski

    1. Re:You are mistaken by h8macs · · Score: 1

      hmm that's wierd, I have typed it many a time....and gotten a directory listing.....though it was ugly...it listed the directory.

      Did you use "command" or "cmd"?

      --
      :-( --- argh. Despair, I owe again. :-b
    2. Re:You are mistaken by ckaminski · · Score: 1

      Both. It is entirely possible a package/app you have installed comes with an ls.exe or ls.com. :-)

  351. As expected, SCO pulls another stupid move by lvirden · · Score: 1

    Do they think somehow that dragging the brightest brains in open source is going to somehow make _their_ case stronger?

    I'd say it is a move that will sink what little case they had.

    --
    URL: http://xanga.com/lvirden > Quote: Saving the world before bedtime. Even if explicitly stated to the contrary, n
  352. Re:My fantasy: Geeks on the stand by SillySlashdotName · · Score: 1

    After reading this, and realizing I understood the post, I have called for professional help. Thank you WWWWolf, for pointing out a dangerous flaw in my psychology!

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  353. Re: trebeck by dollargonzo · · Score: 1

    celebrity jeopardy skits... all of them are there
    http://www.dumbasschronicles.com/multimedia /jeopar dy.asp

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
  354. Just Two Little Words For You by Anonymous Coward · · Score: 0

    Fuck You

    How does it feel to be modded as a troll, you asswipe?

  355. Doh! by Anonymous Coward · · Score: 0

    Lets face it, if Alan spoke in Welsh he could be in jeopardy...

    http://www.linux.org.uk/diary/pam.shtml

  356. YOU ARE A REPUBLICAN by Anonymous Coward · · Score: 0

    Your posting has all the hallmarks of one.

  357. Mr. Stallman please... by notoriousE · · Score: 1

    Ahem.. Mr. Stallman... please wipe the cheetos out of your facial hair and answer the question...

    --


    And then there was E
  358. Seriously? by Tony · · Score: 1

    The Mac is often not a choice at all; neither are Linux or the BSDs.

    Most software is produced for one platform: MS-Windows. I'm finding it difficult to manage one of our database systems (Cache, from Intersystems) without a PC on my desk, as their management software comes in the form of an MS-Windows app.

    Microsoft has the power to drive the direction of other software companies. It is the only company in the world with that kind of clout. They can run almost any other sofware business *out* of business. In this sense, they *are* a "mono-" meaning one. They are the *only* one.

    I don't trust anything the government says, as it tends to be in the pocket of big business. But, any time the government finds against big business, I sit up and listen.

    --
    Microsoft is to software what Budweiser is to beer.
  359. Forbes article about the supoenas by StenD · · Score: 1
    Is here. At the time of the article, Linus had been served, but RMS hadn't. I thought RMS's comment was interesting:
    "I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux' and thinking that our work on free software was motivated by the ideas associated with 'open source.' These confusions lead users away from the basic issue: their freedom. By comparison, the events involving SCO are transitory and almost trivial," Stallman says.
    And the final Forbes comment:
    What's the point of hassling people who make chips and set-top boxes? Don't ask SCO's top execs. They don't know anything about this stuff, remember?
  360. Hack the legal system? by Anonymous Coward · · Score: 0

    The legal system is not a computer. It is more like a legal network that can quickly route around any logic or sense that it encounters (and interprets as an attack on it's authority). The network seems to be optimized to prefer operational results that maximize the personal enrichment (power or wealth) of it's legal nodes.

  361. Daniel Lyons appears to be changing his tune by Camel+Pilot · · Score: 1

    This new (11/13) article has a decidely different tune from Mr Lyons.

    Mr Lyons is now sounding like a reporting instead of a puppet (or perhaps a SCO investor).

    The best cut is:

    Oddly enough, on Nov. 11, SCO Executive Vice President Christopher Sontag complained to Forbes about IBM's decision to send subpoenas to investors and analysts who supported SCO. Sontag called the move "an attempt to bully and intimidate" and said IBM was engaged in "legal gamesmanship."

    So why didn't Sontag mention that, uh, SCO itself was about to target Torvalds and Stallman with subpoenas? SCO's spokesman says Sontag and Darl McBride, SCO's chief executive, did not know that SCO's lawyers were planning the move.


    The CEO and Vice-President did not know what their lawyers were up to!? Well I guess it is a clue to who is running the show.

  362. Re:I've been sub by hesiod · · Score: 1

    > Yeah, because it was so obvious that it was a joke...

    So you ACTUALLY thought "slackjawedyokel" received subpoenas from SCO, RIAA, and DirectTV all in one week? When he stated he has nothing to do with the kernel?

    > > I knew I shouldn't have used linux to download those movies through my satellite dish.

    When something outrageous is claimed, followed by "I knew I shouldn't have..." it is usually a joke.

  363. Re:I've been sub by FrankoBoy · · Score: 1

    Things are getting so silly right now with CnDs that I think anything can happen ; reality being wilder than fiction, etc. It had a special ring to it that made it look like a joke - I saw it too at first you know - but in this context and since it was still somewhat ambiguous for me, I chose to take it seriously, because it involved minimum risks while pursuing possibilities of learning new interesting stuff.

    In a way, I've been trolled, but I really don't care... Who hasn't ;)

  364. Re:I've been sub by hesiod · · Score: 1

    > I chose to take it seriously

    Aha, there's your mistake. Never take anything seriously, especially me. :P

    > pursuing possibilities of learning new interesting stuff

    Good point, I would be interested in reading it as well. I wonder if they can be found elsewhere?

    > In a way, I've been trolled, but I really don't care... Who hasn't ;)

    Yeah... I see trolls as just regular people.. They just aren't smart enough for an opinion, so they go for emotion.

  365. Educate your self. by nurb432 · · Score: 1

    Go read some history, ( mainly look into the meaning of militia, and what 'well regulated' meant in the time of the framers), then my journal.. then you may ask a question.

    Until then, shut up, you are a moron.

    --
    ---- Booth was a patriot ----
    1. Re:Educate your self. by Bassman59 · · Score: 1

      Go read some history, ( mainly look into the meaning of militia, and what 'well regulated' meant in the time of the framers), then my journal.. then you may ask a question.

      OK, so why aren't all of you fucking gun nuts out here doing something about the government that is eroding your civil rights on an hourly basis?

      In other words, when does the revolution start? Or all you all pussies?

  366. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    it was just me the whole time. the thread was starting to die so i needed to keep it alive, role reversal on those attacking you may draw them in.

  367. Re:How about an investigation no just me by NanoGator · · Score: 1

    Heh now I'm confused about who I was talking to.

    --
    "Derp de derp."
  368. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    it was me. ive decided not to be evil to you anymore. it was circular after the 50th reply. i can be nasty and talk about human bidets and linux sucking and all that, but given the length of this thread, a lot of that has already been covered.

  369. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    how do you accrue 4500 comments and still be sane after reading all the crap that people throw your way?

    there is very little of intellectual value i see down here in the threads, so why do you post to /. so frequently?

  370. Re:How about an investigation no just me by NanoGator · · Score: 1

    Well, there's a few reasons. First off, I've been posting on Slashdot since.... oh.. 2001 I think. Maybe even 2000, not sure. I lurked for quite a while before posting so I'm not really sure when that started.

    Mainly I do it for laughs. Sometimes I get some amusing comments in. Sometimes I want have something to say, i.e. catching people being stupid. Sometimes I get involved in an interesting discussion and I learn things. A lot of the time, I'm just plain bored. I do 3D artwork for a living, and I spend a chunk of most of my days at the office waiting for a render to finish. So I poke around on Slashdot or the art forums I frequent. Just something to do.

    How about you?

    --
    "Derp de derp."
  371. SCOMS by Anonymous Coward · · Score: 0

    Did anyone else see that an MS-backed SCO spells SCOMS?

  372. last... by todhsals · · Score: 1

    post

  373. Re:How about an investigation tsarkon retorts ... by Dwonis · · Score: 1

    Please explain to me how someone who doesn't live in the US can "actively participate in [the US legal system] and reform it", other than donating to the EFF, which I already do.

  374. Re:How about an investigation tsarkon retorts ... by Anonymous Coward · · Score: 0

    oh well then. How does "outsider whining" help again?

    I cant think of any other alive/implemented systems that are better at the moment that could serve as a model to better the US judicial system. FRom Napoleonic to Sharia to Common Law from Totalitarian/Fascist, I'm getting a gist here that this aint so bad.

    Then again, unlike the EU, I do like keeping murderers and rapists behind bars longer than most of the systems in the EU that punish tax evasion more heavily than rape and murder.

  375. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    Im angry at how cheesy people do things a lot. This effect my work. So I come here to assault cheesy people being cheesy. Its simply cathartic to start flames with some of these people.

    What do you think of www.digitalblasphemy.com

    Its the only website I've ever subscribed to. Well, that and the Wall St. Jrnl.

  376. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    Well this was certainly a fucking long thread. Is this the end of it?

  377. Re:How about an investigation no just me by NanoGator · · Score: 1

    I've seen some cool stuff there. Never really thought about subscribing, though. Only site I ever subscribed to was a porn site. ;)

    --
    "Derp de derp."
  378. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    I dont know. I'm thinking about this. I think this thread deserves to live on, dude, man.

    Man, dude, I thought that carpet really brought the room together.

  379. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    I need that site to get backgrounds for computers. The only reason I subscribed wasn't the quality of the work - its good, but not great - I mean, these little men in these giant settings are lame, and these little wizards hanging around can be gay, and his renditions of catastrophic events in Space seem gay, and some of his planets capes have celestial bodies so close together that the gravity would be severe.

    I think about Alpha Centurai and the binary star system and the possibility of another heaven and another earth, and wish there were more renditions of that - you know, pictures of new animals and sentient life and they are only 4.2 light years away.

    I used to read H.M. Hoover Books. She wrote some interesting things and sometimes I wish they were real. I also like Ayn Rand. I want a near light or FTL spaceship with a holo-doc like on Voyager.

    But Digital Blasphemy's art can seem gay when you can see reality every day at http://antwrp.gsfc.nasa.gov/apod/. Everyday a really nice picture from reality gets posted. I would say some are background desktop quality.

    Sometimes I wish the Stargate was real, and I could travel to Alpha Centurai on it.

    The think I do like about Digital Blasphemy is that when I help people setup their computers, I have them pick a background from there, and since he is offering a pay-for service, it's nice to have such a large online archive available. I wish he would charge less.

    I liked how on Turok when you got an extra life from collecting enough spirit tokens, he screamed; "I AM TUROK." My friends and I would laugh and say, Whoa, whoa, relax CHIEF.

    I thought SpaceBalls and Blazing Saddles were funny. I should see them soon.

    I only eat ethnic food now. I like Indian (Punjabi Style, North and South and Goa), Pakistani, Japanese (Sushi and Yakitori), good Mexican food, not Tex Mex and Thai food. And I eat it hot and spicy.

    I like good wine but it doesn't pair well with Spicy Food. I'll drink beer with Spicy Food. I like Hoegaarden for beer. And Corona Light, Becks, Sapporo, and Pilsner Urquell. Oh yeah, and Lindeman's Peche Lambic for dessert.

    Aqua Teen Hunger Force rules. I don't need no instructions to know how to ROCK.

  380. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    Whose a gettin' his email, yeah, StrongBad, that's who.

  381. The Big Lebowski: http://www.thedudeshouse.com/ by Anonymous Coward · · Score: 0

    The DUDE. The Big Lebowski ruled, man.

    http://www.thedudeshouse.com/

  382. Re:How about an investigation no just me by NanoGator · · Score: 1

    Hmm.. so why'd ya subscribe? Your general opinion of it seems negative. Kinda curious what about it did make ya wanna pay them.

    Im not much of a scifi reader. My favorite book of all time is Red Dwarf: Infinity Welcomes Careful Drivers by Grant Naylor. It's full of ironic humor, and the scifi in it is practical. I'd like to have a holodeck but I'm not sure I'd want a space ship. I wouldn't mind a Runabout for tooling around here on Earth, tho.

    I love Spaceballs. (there's a nice out-of-context -sentence, eh? heh)

    My interests focus around the creation of imagery for movies/TV. My favorite show was called "Movie Magic". It showed how a lot of CG and miniature work was done for movies. It's why I chose 3D art as a caree. One day in the not too distant future I'll probably be working at a movie fx studio.

    Heh I like ATHF, but I've only seen a couple of eps. I miss Futurama and Family Guy, tho. I'd love to see more Cowboy Bebop too.

    --
    "Derp de derp."
  383. Legal Revolution by nurb432 · · Score: 1

    First you do it the legal way, via votes, and protests.

    Once that avenue has been exhausted, THEN you fight. But until then.

    And personally im offended being called a 'gun nut'. I hold ALL the rights we are guaranteed dear, and fight for them all, not just one.

    --
    ---- Booth was a patriot ----
  384. We agree for sure by Presence1 · · Score: 1

    Wer'e definitely on the same page here,a dn thx for your discussion. Somehow, governments, even those based in freedom, seem to continually encroach on the freedoms of its citizens. Ususally this is in the name of safety/security, etc., but there is also the underlying bureaucratic urge to expand the domain. I completely agree about the absurdity of many of the laws we have. My casual observation of other countries indicates that each has some stuff right, and other stuff all wrong.

    Like you, I feel that the only solution may be a restart with a clean sheet, as was done 227 years ago in this country. My main quandry right now is whether we are at the point where it is necessary, or if it is even possible if it were necessary.

    Meanwhile, we need to pick our battles and fight against the infringements on our freedom that we find most offensive, and fight in the best way we can. It sucks that we must, but such is life.

    Good fortune in your battles too...

  385. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    I subscribed because the content is easily available and provides good fodder for those who need backgrounds. I am revolted by that XP default theme and that green cow pasture, so when I help someone I remove that shit and put some shit from Digital Blasphemy.

    Y.A. Sci-Fi can be fun for light reading that is imaginative. Ayn Rand really doesn't qualify as Sci-Fi per se. Hairy Porker and the Sorcerer's Bone pisses me off. That fucking shithead bitch who wrote that crap should be fucked in the ass with a Hot Curling Iron. She brought a fucked up half assed version of J.R.R. Tolkien's world to kids. Now the kids are retards memorizing gay names from Harry Potter, and not focusing on the Tolkien fantasy world and real, cool fantasy and fantastic imagery.

    Red Dwarf was a hilarious British sitcom. As was Yes, Minister and Yes, Prime Minister. As the Hitchiker's Guide to the Galaxy was a good British Sitcom too. I wonder if that Red Dwarf book is in any way related to the show.

    I thought Monster's Inc. was cool. I hope Michael Eisner and Disney die, and all the shareholders Die, and I think the Sonny Bono copyright extension act that protects specifically Mickey Mouse's copyright for Disney alone is a fucking abomination. But I did like Monster's Inc. Fuck Disney. Death to Disney. He was supposedly a pedophile.

    Futurama is unbelievable funny. It needs to come back. There is an outside chance it will. I'd say between 20-50% chance of it returning. Matt Groening certainly knows how to keep a series alive, eg, Simpsons, and David X. Cohen said he wants the Universe to stay alive as well. I can only hope enough retarded marketing fucked know nothing pricks that poison half of every company in the US let Futurama live.

    Aqua Teen Hunger Force is subtle so retards hate it. It has a gay premise, and was started in a gay episode of Space Ghost, which are all gay, and it has a gay name. Despite al the predisposed gayness, the show is 50% of the time frigging hilarious.

    I don't like Anime. I used to watch it when stoned. I find most of it, in terms of plot, to be ridiculous. In fact, Anime zealots tell me I shouldn't like DBZ, but I like DBZ. Well, I like Vegita. He is cool. Assholes like Cartman, Master Shake and Vegita always make the show.

    Southpark rules.

  386. Re: how about the trash music? by Anonymous Coward · · Score: 0

    did you listen to "fucksl4shd0t"'s music. i thought it was like stabbing my eardrums with ice picks.

  387. Re:How about an investigation no just me by NanoGator · · Score: 1

    Ah I know what ya mean about XP's desktop theme. Imagine a Dell laptop running Windows XP. It's like a Fisher Price "my first laptop!" So I got a desktop replacement app called Aston Desktop Shell, or something like that. Then I put some of my artwork as the wallpaper. It's much more serious looking now heh.

    Heh @ Harry Potter. I don't mind it. Then again, I'm in the FX industry so I end up having to watch a bunch of movies as homework. Don't really have time to hate stuff. (Though Matrix Rebloated grated on my nerves.)

    The Red Dwarf book is a novel writen the guys who made the show. "Grant Naylor" is actually two people. Doh I can't remember their names, but if you watch the credits, you'll see two guys with the last names Grant and Naylor. Is it related to the show? Well sort of. It shares some events with the TV show, but it's a parallel.. ah blast I can't really explain it. There's lotsa stuff that's new, but some stuff that's familiar too. It's very well written. My GF isn't a scifi fan. But she loves the show and insisited on borrowing my book. After finishing it, she went and ordered the other two books. (Technically there is 4, but the one I have contains books 1 and 2.) If you liked Hitchhiker's Guide, you'd probably like this book. It's a little less sci-fi'ish, but it's funnier too.

    Monster's Inc was great. I liked it better than Nemo, but Nemo wasn't too shabby. I may apply at Pixar one day, but I have more growth to do before I try it.

    I miss Futurama. I think we may get a movie from it, though. Pity Fox time slotted it to death.

    I think Im gonna set up my replay to catch ATHF.

    I don't think Anime is automatically cool, but the good anime is usually pretty damn good. It's more dramatic and adult than the animated crap we have here. I just finished watching Cowboy Bebop. That show has something that I wish American TV'd pick up.

    Southpark's cool, though I've lost interest in catching it every week. Though it grabs my attention late at night. Just saw the 'metro-sexual' episode a few days ago, heh.

    How's your weekend?

    --
    "Derp de derp."
  388. Re:Criple Fight!!!! by SanityInAnarchy · · Score: 1

    If you really did have some kind of moral belief in Linux, you would definitely, absolutely use it in the company regardless of cost. Suppose it was cheaper to bomb your competitors than actually compete with them. It would make more business sense. You could even bribe the government (and let's assume it's still cheaper) and the court systems to keep them off your back.

    Would you do that? Most people with any sense of morality would not.

    I agree that if it makes more sense, financially, to spend $200 per box, not counting hardware upgrades necessary to run all that bloatware, to buy XP, plus $400 for a "standard" version of Office 2003, plus $50 for Norton AntiVirus 2004, plus $650 for Photoshop 7.0 if you need that...

    If that makes more sense financially, or if you get some sort of insane price break, or if you're comfortable with piracy (which may bring legal issues far worse than anything SCO can do) then sure, go ahead. I can't stop you, and Microsoft/Symantec/Adobe certainly won't.

    Personally, I find that every feature I need from all of the above products I can find for free, often implemented better, in open source. Because I hate to see people get ripped off, I'm trying to find a way to make money out of evangelizing, too.

    --
    Don't thank God, thank a doctor!
  389. Re:How about an investigation no just me by Anonymous Coward · · Score: 0

    I deprecate the use of consumer operating systems where they need not be. I hate any server that has a mouse, even a keyboard attached. The cow pasture and theme-ing and other such things that found their way into Windows 2003 proves MSFT is not a serious server company, and I don't trust anyone who doesn't sell their own hardware with the OS.

    Aston was okay, but I found it to be a hack of something better. I have found many small things that didn't work quite right and it pisses me off it costs money. It should cost $5. Not $35. That type of product is sufficiently commoditized no longer to warrant a significant portion of the cost of an entire operating system.

    I think Harry Potter and related merchandise is an abomination and contributes to retard fantasies kids have about being empowered in ways which aren't even real. I'm all for boosting self esteem. But invent a fusion reactor, not pretend you can fly on a broomstick. Reality is so complex and wonderful why the invention of primitive unreal alter-realities for the sake of fantasies is beyond me. At least Tolkien's worlds are complex enough to be fascinating at the structural level. Jerk Kunt (JK) Rowling is a absent minded ass that just lets her mind wander and she makes crap up as she goes along. To me this is transparent. Think before you write should be a requirement.

    Matrix now officially sucks shit. I wish all the pseudo philosophy had remain canned in the ass of that fucking idiot transvestite transsexual Larry/Lana Wachowski. Like American Graffiti vs. Star Ware, Lucas's fame continually destroyed his creative capacities. These Wachowski freaks went from interesting to preachy fuck-heads. I hate them now.

    This Red Dwarf book will be investigated at your behest.

    Monster Inc was good, but the pro-Communist child programming DISNEY owns it. While the programmatic assimilation of your child's thoughts seems absent in this film, im ever watchful of thier lurking totalitarian ambitions.

    I still think Cohen and Groening can pull off some more Futurama episodes. Hell, Comedy Central would be assholic if they didn't pick it up. Groening has 15 or 16 years of Simpsons, I think he knows how to make a long running successful series. Fox was assholic not to support it.

    About ATHF. The first season has the best density. A lot of the newer ones are a bit light. Watch: Bus of the Undead , Mayhem of the Mooninites, Space Conflict From Beyond Pluto , Revenge of the Mooninites , MC Pee Pants, Dumber Dolls , Love Mummy, Interfection , PDA , Mail Order Bride , Cybernetic Ghost of Christmas Past from the Future , Super Bowl, Super Computer, Super Spore, Super Sirloin.

    If I want drama, I'll find an Anthony Hopkins movie. Action: Pacino, DeNiro movies do just find. James Caan. Anyone from Goodfellas. Godfather. Donnie Brasco. Even Sopranos. Stuff like this. Anime just doesn't add enough where people leave off to justify dealing with the medium. Anime always reeks of being written by some ostracized sexless freak whose only capability in life is to draw, which is useless for the most part. It does nothing to help ensure the survival of the human race and doesn't seem more entertaining that things done in the typical renditions of dramatic or action oriented material. Strange expressions and caricatures of humans and bizarre animals don't qualify as imaginative in my book nor are they ever likely to be accompanied by anything but ridiculous dialog. Everyone always points to Ghost in the Shell or whatever that is called and Bebop. I remain unimpressed.

    Some of the new SP's are good. Metro Sexual and Cartman's internment of Butters to get to Casa Bonita were funny.

    Weekend was decent.

  390. Re:How about an investigation no just me by NanoGator · · Score: 1

    I don't agree with servers having a UI. I agree that the fluff that tends to come with Windows servers is definitely a security risk. (I can't believe NT Server comes with Outlook Express installed.) The nice thing about Windows servers is that you can like see what you wanna do, and just click and it's ready to go. This is in stark contrast to Apache where you have to muck with conf files to make things work. You can be up and running real fast with NT Server with the stuff you want or don't want, but with Apache it initially takes some nasty research. Found that out the hard way. However, I've climbed the learning curve with Apache and prefer to use it now. (You get addicted to SSH...)

    Can ya name a specific prob or two you had with Aston? Just curious. I've been using it for months and haven't had any real problems. The only nitpick I have is that I lost a couple of features I liked. For example, Windows explorer lets you ctrl+click on a bunch of windows and then close/min/max/restore them. I agree it's a little 'hacky'.

    I'm not terribly impressed with the Matrix series either. The first one was kinda fun to watch (remember, I'm really into VFX...) but the second time around I was like really really bored. The second movie was a total waste of time. Funny thing is, you can draw some paralelles between Terminator 3 and Matrix 2, and T3 wins in all the places that Reloaded misses. Reloaded was such a letdown for me that when Revolutions came around, it had nowhere to go but up. And it did. I liked the ending to it. (Though my interpretation of it seems to be different from everybody else's.) I really liked that Neo wasn't the hero of it, and if I'm right about what was happening then it also explains why a compputer hacker like Keanu is so fucking brainless. Revolutions is not anywhere close to being my favorite movie of all time, but it was a pleasant surprise for me. I also liked the big'ol machines they used to take on the sentinels. In case your curious, that's the type of 3D modelling and animation I an strongest at. I may find myself working on a project sorta like that down the road. I know I'd enjoy the heck of it.

    Wanna see some of my artwork? http://www.nanogator.com/gallery As you can see, I've still got some learning to do, but I've grown a lot in the last 2 years.

    Let me know after you've read Red Dwarf?

    I read an interview with Groenig (or was it Cohen?) recently that discussed having Futurama picked up. Unfortunately, for a cartoon, it's an expensive show to produce. Comedy Central, Cartoon Network, etc are not terribly enthused with the per-episode price. From the read, it seems as though a continuation of the show could result in a noticable budget cuts. However, they did say that they could really cheaply make a movie. They're so good at getting the animation out quickly and at decent quality that 10 mill could make a movie. They seem to think that coould happen.

    I'd like to see the Sopranos. Going to get the DVDs one of these days. Speaking of drama, ER reaally impressed me last week. I'm getting into that show. Ever watch it?

    Cheers, and sorry about the delay. Just been busy.

    --
    "Derp de derp."