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Groklaw Outlines More SCO Linux Contributions

An anonymous reader writes "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel. According to the latest story Mr. Aivazian contributed a microcode update feature, a testing program, and made contributions to SMP and vmalloc. This new story adds weight to earlier stories about Caldera coder Chris Hellwig's additions to XFS, SMP and JFS. " Also on the SCO front, an anonymous reader writes "SCO's last Open Letter has drawn two new responses, one from Red Hat cofounder Bob Young, and the other from Jon 'maddog' Hall. 'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?' Young curtly offers McBride the following advice: 'Be less vocal' - making him the King Canute of Linux, perhaps, because it ain't gonna happen anytime soon."

258 comments

  1. Oh come on... by TopShelf · · Score: 5, Funny

    How "carefully reasoned" can a piece be by a guy called maddog???

    --
    Stop by my site where I write about ERP systems & more
    1. Re:Oh come on... by Xtifr · · Score: 4, Informative

      Be careful how you speak of Linus' daughter's godfather.

    2. Re:Oh come on... by Anonymous Coward · · Score: 0

      John got his nickname, probably because back in the day when he jumped on the Linux bandwagon, even most geeks and nerd called him a mad man to do so. By now, he is a very well respected member of the community.

    3. Re:Oh come on... by Anonymous Coward · · Score: 0

      Yeah I'm scared. I wonder if the "godfather" will send his minions to "erase" me after they found that I have insulted his goddaughter. Maybe they'll drop a one-ton stack of preprinted Linux source code on me while I'm not looking.

    4. Re:Oh come on... by Anonymous Coward · · Score: 0

      actually you insulted the godfather not the goddaughter...come on connect the dots...it's not as hard as they tell you.

    5. Re:Oh come on... by sargatanas · · Score: 1

      Read "Just For Fun" (Linus Torvalds/David Diamond) and all will be clear. Maddog, Linus, goddaughter, the whole story. It's a good read, too.

  2. question... by Clever+Pun · · Score: 4, Interesting

    (note: this is NOT an intentional troll. i'm just trying to understand this issue as best i can. thanks for not kicking me in the teeth :)

    as far as i can tell, the SCO is upset with linux because several of its programmers contributed to the linux kernel, and so SCO feels that it deserves some sort of monetary kickback, right?

    but, if you contribute to something that you KNOW is open-source, don't you, like, forfeit any ability to request monetary compensation for your effort? or am i missing something big here?

  3. Whew! by TWX · · Score: 5, Funny

    Now that the Denial of Service stuff is over with, we can get back to the regular SCO articles...

    Though it would be fun for everyone who reads Slashdot to send SCO a letter in complaint of their business practices, especially if they were all sent within the same week. Would they try to call receiving a million pieces of mail in six days an 'attack' too?

    --
    Do not look into laser with remaining eye.
    1. Re:Whew! by Anonymous Coward · · Score: 1, Informative

      Actually, the SCO side is back down...nobody really knows why yet.

      AC--cuz im lazy

    2. Re:Whew! by molnarcs · · Score: 2, Funny

      Hehe. I see a pattern here.
      [CONSPIRACY]Every time there is bad news in the media for SCO, sco.com goes down, then they issuse a press release of being DDOSed.[/CONSPIRACY]
      ;)

  4. Totally wrong by Salsaman · · Score: 5, Informative
    SCO sued IBM for allegedly adding code from AIX into Linux. Since SCO and IBM had a license agreement that forbade IBM from using AIX code in anything else, SCO sued IBM.

    This article is interesting because it shows that some of the code allegedly added by IBM was in fact added by SCO itself.

    1. Re:Totally wrong by Clever+Pun · · Score: 0, Offtopic

      aha!

      thank you for clearing that up for me. can you tell that it's finals week? :-\

    2. Re:Totally wrong by linuxpng · · Score: 1

      What's more interesting is that JFS for linux came from their windows version, not their AIX.

    3. Re:Totally wrong by dryeo · · Score: 1
      SCO sued IBM for allegedly adding code from AIX into Linux. Since SCO and IBM had a license agreement that forbade IBM from using AIX code in anything else, SCO sued IBM.

      What I wonder is why SCO didn't sue IBM for using AIX code in OS/2.

      OS/2 includes JFS and the logical volume manager from AIX. The newer 32 bit tcpip stack was ported from AIX and OS/2 does SMP very well, scaling up to 64 CPUs so by SCOs reasoning they must of used code from AIX.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    4. Re:Totally wrong by molnarcs · · Score: 4, Informative
      What everyone seems to forget is that the code Mr. Aivazian submitted might have nothing to do with SCO's source. Most of the comments I have read so far speak of A's contributions as being SCO's contributions: "This article is interesting because it shows that some of the code allegedly added by IBM was in fact added by SCO itself."

      From the article:
      "For example in the case of BFS filesystem the matter was as follows. I did NOT use any of the UnixWare (or other) proprietary code for the implementation, of course. However, despite this fact, I still (for courtesy and generally being cautious) requested permission from Wendy (Development director) before the release under GPL and she confirmed that SCO has no claims to this work whatsoever and has no objections to its release under GPL, because it is not connected to UnixWare source code in any way."


      The same goes for microcode, in fact, he mentions SCO's implementation as an example for a different implementation from the one we find in linux.

      I'm not sure about SMP - the article doesn't say whether it derived from SCO's implementation, or it is an entirely separate work...
    5. Re:Totally wrong by Wateshay · · Score: 1

      Because, when OS/2 was a relevant product, the Unix code was owned by a more sane company (Novell?), not Caldera/SCO.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    6. Re:Totally wrong by John+Hasler · · Score: 4, Interesting

      > What everyone seems to forget is that the code Mr.
      > Aivazian submitted might have nothing to do with
      > SCO's source.

      No one is forgetting that. The point is that work that SCO contends could only have been done by IBM was in fact done by SCO employees with SCO's knowledge and approval.

      > Most of the comments I have read so far speak of
      > A's contributions as being SCO's contributions:
      > "This article is interesting because it shows
      > that some of the code allegedly added by IBM was
      > in fact added by SCO itself."

      Correct, if A was acting in his capacity as an SCO employee when he wrote the code.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    7. Re:Totally wrong by Felinoid · · Score: 1

      >> What everyone seems to forget is that the code Mr.
      >> Aivazian submitted might have nothing to do with
      >> SCO's source.

      >No one is forgetting that. The point is that work that SCO contends could only have been done by IBM was in fact done by SCO employees with SCO's knowledge and approval.

      Also to note SCO has yet to indicate any actual code and instead prefers to point at features found in Linux they clame could have only come from IBM.

      SCO sites experts. I suspect we are dealing with functionility experts instead of code experts.

      It's intresting that Linux may have obtained it's similar functionility not by IBM stealing code but by SCO themselfs implementing new unique code that could poison the results.

      --
      I don't actually exist.
    8. Re:Totally wrong by Anonymous Coward · · Score: 0

      > This article is interesting because it shows
      > that some of the code allegedly added by IBM
      > was in fact added by SCO itself

      Excuse me?!?! Just have frigging moronic are you
      my friend? Well, you obviously are a Linux dweeb.
      So let me get this right. SCO inserted code into
      the Linux kernel in an attempt to frame IBM? And,
      they are going to go before a federal judge and
      con him into believing it. Is this Groklaw's
      position? Repeat after me... Groklaw has crap
      for brains.

      So WHAT if Tigran contributed *non-licensed*
      frigging code the Linux kernel. That' doesn't
      have *anything* to do with SCO's case.

      You people scare me. God help the legacy of
      Unix.

    9. Re:Totally wrong by Anonymous Coward · · Score: 0

      > The point is that work that SCO contends could
      > only have been done by IBM was in fact done by
      > SCO employees with SCO's knowledge and approval

      That is NOT what SCO was or is claiming. SCO's
      claim is that the code that showed up in Linux
      was code that was under license to IBM from SCO
      and was not permitted to be released to the
      public without SCO's permission. Furthermore if
      the work was done by SCO's employees then all the
      more reason for the suit. The issue here is
      whether IBM violated the terms of a licensing
      agreement. That is the *only* issue here.

    10. Re:Totally wrong by Anonymous Coward · · Score: 0

      They're not framing IBM, they're just to incompetant to even know which code they added themselves.

    11. Re:Totally wrong by fanatic · · Score: 1
      What everyone seems to forget is that the code Mr. Aivazian submitted might have nothing to do with SCO's source.

      SCO has never shown what the code is. They have named broadly a few features - SMP being one and one of more journaling filesystems as being onother - saying that these had to come from IBM. So information that SCaldera's own people put it in, with managment approval is very relevant.

      The really funny thing is: what if someone working for Caldera (now SCO) did illegally put SCO-owned code in - but when they were Caldrera, not SCO, and so didn't have the right. Now, they are SCOG and must sue themselves (or their former selves at any rate).

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  5. Re:SCO planned this way ahead? by grub · · Score: 2, Insightful


    ... and here I was thinking that I needed a tinfoil hat.

    --
    Trolling is a art,
  6. Mad Dog by Eberlin · · Score: 5, Funny

    "Hello! Hello, McBride!!! Anybody home?"

    Well, it's more Biff Tannen, but it's a descendant of Mad Dog.

    Other Mad Dog quotes:

    "We have ourselves a new court house, high time we had a hanging!"

    "What's wrong dude, you yellow?"

    And perhaps the most appropriate:
    "I hate manure!"

    1. Re:Mad Dog by Anonymous Coward · · Score: 0

      YOU FAIL IT!!!!!

      Important Stuff:

      Please try to keep posts on topic.
      Try to reply to other people's comments instead of starting new threads.
      Read other people's messages before posting your own to avoid simply duplicating what has already been said.
      Use a clear subject that describes what your message is about.
      Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page)
      If you want replies to your comments sent to you, consider logging in or creating an account.
      Problems regarding accounts or comment posting should be sent to CowboyNeal

    2. Re:Mad Dog by Anonymous Coward · · Score: 0

      And here is a perfect example of a person posting on /. that desperately needs to get laid.

  7. Groklaw? by grub · · Score: 4, Insightful


    Seriously, this is not a troll:

    Being as /. links to so many groklaw stories, should they help out with groklaw's bandwidth costs? It's getting to the point where /. is becoming merely a hyperlink index of groklaw stories.

    --
    Trolling is a art,
    1. Re:Groklaw? by div_2n · · Score: 4, Insightful

      I've always thought /. should mirror all stories and put those up instead of links. It seems to me that when you have the kind of readership that /. has, you have a responsibility to not legally DoS someone (which is what happens when a story gets linked).

    2. Re:Groklaw? by Anonymous Coward · · Score: 0

      If not that, post the full story on slash dot so groklaw isn't slashdotted so often.

    3. Re:Groklaw? by BootSpooge · · Score: 5, Informative
      Being as /. links to so many groklaw stories, should they help out with groklaw's bandwidth costs?

      Groklaw has a paypal donation button. Give them a few bucks for all the good work.

    4. Re:Groklaw? by gmhowell · · Score: 0

      Given that Slashdot sucks nutz, I think they won't be doing that.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    5. Re:Groklaw? by AntiOrganic · · Score: 1

      Then you're entering a legal grey area with regards to copyright infringement, especially when you're mirroring pictures, videos, etc. without permission.

      I think that would still be preferred by most site authors to DoSing, though.

    6. Re:Groklaw? by pb · · Score: 2, Informative

      Groklaw is being generously hosted by ibiblio... that being said, it'd be nice if /. did something to help out with how they crush people's bandwidth, but in fact they don't want to take responsibility for anything of the sort... which is why some websites who *do* have to worry about paying for bandwidth have redirected incoming visitors from /. in the past...

      --
      pb Reply or e-mail; don't vaguely moderate.
    7. Re:Groklaw? by MathFox · · Score: 5, Informative
      Yes, I am the webmaster of GrokLaw and I've taken some measures to serve the Slashdot crowd. We gracefully (Pamela more gracefull than me) accept donations. The bandwidth and servers are provided by Ibiblio, many thanks for that.

      Please come to the site; we should be able to handle the Slashdot crowd.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    8. Re:Groklaw? by SpaceLifeForm · · Score: 0, Troll
      Please come to the site; we should be able to handle the Slashdot crowd.

      Well, sure, it works fine now, it's the weekend, when many here actually try to get *real* work done.

      But wait until you have a hot story during the middle of the week, and everyone is at their job. Then they have time to read Slashdot.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    9. Re:Groklaw? by shione · · Score: 1

      They might be in breach of copyright if they did that. Asking for permission beforehand would be out of the question since the news has to be fresh and a reply may be ages away. Then there are some sites which might outright not give permission to slashdot, for example if the slashdot article is on something not so good about that site.

  8. Slashdot.org: by Anonymous Coward · · Score: 5, Funny

    The site to read when you want to see whatever was on Groklaw 48 hours ago.

    1. Re:Slashdot.org: by Jesrad · · Score: 4, Funny

      You don't read WHAT was on Groklaw, you read what others have to say about what was on Groklaw, actually.

      About time Slashdot mirrored Groklaw's articles linked to.

      --
      Maybe we deserve this world ?
    2. Re:Slashdot.org: by Quino · · Score: 1

      It is funny, but it's also literally true.

      I can't imagine the majority of /. only reads the provided links and skips over the editor's comments and the posts made by the thundering herd below.

      Let's be honest with ourselves here, fellas. As much we'd all like to think that reading /. is only an intellectual excercise, I think it's as much about the gossip and the bitching :) as it is about the news.

      Hell, a large number of us are often reported to not even read the articles!

      Honestly, I don't personally feel like I can criticize knitting circles ...

      Not that it's necessarily a bad thing! (or that I think /. is only gossip)

    3. Re:Slashdot.org: by Anonymous Coward · · Score: 0

      >Let's be honest with ourselves here, fellas. As much we'd

      Ugh! You're a horrible human being.

      Don't ever EVER write anything like that again.

      It physically sickens me.

    4. Re:Slashdot.org: by Pharmboy · · Score: 1

      Think of it like this: Just because The National Enquirer and The Globe report that space aliens make earth women pregnant, or are roaming the planet disguised as trees, that doesn't mean there is no life on other planets. In the same way, just because slashdot reports on a story, that doesn't mean its necessarily incorrect. ;)

      Personally, I read /. to get good links from the comments. I have learned about alot of cool sites and stories that were in no way related to the story being posted. I used to read ./ to get my SCO fix, but lately, the really interesting stuff about SCO isn't getting reported here anyway, so I just google it or go straight to Groklaw.

      --
      Tequila: It's not just for breakfast anymore!
    5. Re:Slashdot.org: by Quino · · Score: 1

      Whoa, is the objection stricly with the use of the word "fellas"?

    6. Re:Slashdot.org: by Quino · · Score: 1

      Yeah, I didn't mean to put down /. -- a failed attempt at humor, I guess.

      For me it was a bit different. I started getting linked to /. a lot from google. This was when I was learning Linux and still hadn't figured out where to go for help -- so it was mostly done from Google. After being directed here so many times, I started reading (first about whatever Linux topic I coincidentally was having problems with), then to read the comments and the topics.

      Yeah, there's a lot of bright people making good points on slashdot -- that's the best part. Well, there's also trolls, the goatse linkers, flamebait, and now the horrible Tub Girl, etc.

      I guess it's not all "hard core" discussion though, plenty of chit-chat as well. That's OK, in real life, I don't know that many people that would gladly get into a "which superhero is best" type discussion (that's what /. is for!).

      PS

      my first obsessive topic was "will Linux ever see mainstream deployment" -- I wanted to read about the penguinista progress on a daily basis. That's passed, I guess I'm comfortable now with Linux penetration. It's big enough, IMHO, that Linux won't simply die out or go away -- I don't care as much if the rest of the world uses it, I just want to be able to have the choice to run it if I choose to (and in my mind that required at least a visible deployment -- maybe some honest to goodness hardware support, that sort of thing).

      I have to admit, until very recently, I wanted my daily update on SCO -- again I've sort of lost interest, I think because I'm convinced that there's no threat, just a lot of hot air and a nice cash pile for Darl and Co. (well, not the company, but his cronies - you know what I mean!).

    7. Re:Slashdot.org: by Pharmboy · · Score: 1

      I have to admit, until very recently, I wanted my daily update on SCO -- again I've sort of lost interest, I think because I'm convinced that there's no threat, just a lot of hot air and a nice cash pile for Darl and Co. (well, not the company, but his cronies - you know what I mean!).

      SCO updates are just like Mexican soap operas. I don't understand all the language, but there is a lot of passion on both sides, and there is always someone screaming, someone crying, someone lying.

      I am 99.4% sure that SCO will lose this "contract dispute". I don't crave the updates for news, I crave it for the entertainment value of Darl, speaking in a language other than common sense, lying and making outrageous claims. Its almost like the Iraqi Information Minister. I didn't listen to him for info, just entertainment. Darl's motives are money rather than survival, but its the closest thing.

      --
      Tequila: It's not just for breakfast anymore!
  9. Conspiracy Theory by Thunderstruck · · Score: 5, Interesting

    Does anyone wonder...

    1. The technological world moves fast, this is its nature. To slow any portion of it down is to kill it. If you force a technology to wait on slower social systems like justice the world moves on without it.

    2. We saw this with Netscape. Sure they won the case, Mircrosoft was held to be in violation of the law, but by the time the issue was resolved the browser wars were old news.

    3. Is this what we're seeing with SCO? Freeze up the linux community just long enough and the world will pass them by. Are the same actors involved? Does SCO get money from Microsoft? Bill's a smart man, why not loose a battle to win the war?

    ** Insert popular political comment here.**

    --
    Trying to use sarcasm in text-based forums does not work.
    1. Re:Conspiracy Theory by Anonymous Coward · · Score: 1, Insightful

      Might be possible, but how much has Linux development -- or even adoption -- slowed? If anything, Linux is now seen by more people as a legitimate product; after all, it's important enough for a couple companies to fight over.

    2. Re:Conspiracy Theory by Anonymous Coward · · Score: 2, Interesting
      I've lost my password (and I'm abroad, no access to email so anonymous it is). You're probably dead on, even the paranoid have enemies.

      Time and again a delaying action by a large party has had the effect of destroying a smaller and possibly viable (and even legally in the right) opponent. This is becoming more and more of a viable business tactic as opposed to competition with every time that it succeeds. Wished there was a way to ditch all lawyers, lawmakers and patent attorneys and start afresh. jacquesm.

    3. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      not quite, adoption has *definitely* slowed down, and the marketshare that would have gone to linux has instead gone to the likes of Sun. (funny enough SCO seems to have very little to show in actual money from 'licensees', but they did pick up some adventure capital)

    4. Re:Conspiracy Theory by segment · · Score: 4, Interesting
      What we saw happen with Netscape, Sun, and MS, was sort of a digital cold war. Netscape and Sun focused too much on the enemy instead of themselves which caused them to collapse. Sort of like Russian and the US during the cold war. Sure Microsoft was found in violation and it meant nothing to them then, and little to them now. Considering all the moronic actions society, and law allows MS to heap on them, kudos to MS for laughing all the way to the bank.

      Now I know it's trollish to root for MS in any case, and I truly don't but think about it... In any other society this wouldn't have happened. Look at what Russia did to their Yukos oil tycoon when he got too big for his own good... Not to say it's a good thing, but how can those in law turn a blind eye to MS' actions... Paying for the FAT system? Shit I thought the cost would have been included on purchase... Thats like buying a car now to have the dealer come back later and say "Oh by the way we will now charge you for using the engine in your car."

    5. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      Definitely slowed? Do you have any supporting evidence? The last figures I saw indicated very little change in adoption rate.

    6. Re:Conspiracy Theory by gyratedotorg · · Score: 4, Insightful

      Freeze up the linux community just long enough and the world will pass them by.

      has anyone else noticed even the smallest slowdown in open source development? i haven't. it certainly hasnt been frozen.

      --
      Gyrate Dot Org - "Where high-tech meets low-life"
    7. Re:Conspiracy Theory by Malcontent · · Score: 4, Insightful

      "'Now I know it's trollish to root for MS in any case,"

      Especially here where the MS fanboys and astro turfers will mod you up like crazy.

      It does take a special kind of troll to suggest that MS actions and sleazeball tactics had zero effect on the demise of netscape though. Congratulations.

      Go teach your children that crime does pay. Teach them that it's ok to break the law, to throw all their moral and ethical lessons out the windows and do anything they want to as long as they "win" and "laugh all the way to the bank".

      No wonder kids flip out in school. The cognitive dissonance must be too much to bear. Their parents tell them to be nice and share, their churches tell them to be moral and ethical but the law and society tells them that it's OK lie, cheat and steal as long as you make lots of money.

      --

      War is necrophilia.

    8. Re:Conspiracy Theory by SpaceLifeForm · · Score: 1
      You haven't been paying complete attention.

      The recent exploits via rsync caused some lost time certainly.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    9. Re:Conspiracy Theory by Tokerat · · Score: 1


      ...SCO hacked rsync so they could implant a worm on all Linux systems to SYN-flood them and blame it on those "red commie open source bastards"?

      I dont' see how the slowdown from the rsync exploits has had anything to do with SCO...

      --
      CAn'T CompreHend SARcaSm?
    10. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      Well, it does say "Re:Conspiracy Theory", and this is slashdot... Maybe it would help if a moderator would give a hint by moderating something 'funny' here.

    11. Re:Conspiracy Theory by thirdrock · · Score: 2, Insightful

      1. The technological world moves fast, this is its nature. To slow any portion of it down is to kill it. If you force a technology to wait on slower social systems like justice the world moves on without it.
      3. Is this what we're seeing with SCO? Freeze up the linux community just long enough and the world will pass them by. Are the same actors involved? Does SCO get money from Microsoft? Bill's a smart man, why not loose a battle to win the war?


      This only works in commercial models, ie. when you need sales for money for continuing development for continuing sales.
      But the Linux model doesn't work that way (something MS doesn't seem to get yet, but it takes a while for an old dog to learn new tricks).
      Linux development does not require an income stream to continue it's momentum like Netscape, Go and all the other innovative companies that Microsoft has killed with this tactic.

      Of course, this might have been a play against Red Hat and SuSE, rather than Linux as a whole. These companies DO need sales to continue doing business. But Linux as a whole will continue developing and improving and taking share.

      --
      >>
      I am the director, and this is my movie ...
    12. Re:Conspiracy Theory by bex+l · · Score: 1

      How can fixing something be lost time? If anything, showing up bugs and/or vunrabilities, and then having them fixed is progress.

    13. Re:Conspiracy Theory by Geekbot · · Score: 1

      I think the point isn't a slow down in development, but the worry that enterprises would consider less adequate solutions due to the threat of getting involved in litigation over Linux. Development might be equal, but did the lawsuits slow down adoption of Open Source by large scale enterprises? If so, I believe that's exactly the point the poster was making. If SCO has hindered the adoption of Linux by enterprise users, then it has reduced the flow of funds into Linux. That in turn harms Linux by helping it's competitors, indirectly reducing the amount of resources companies can sink into linux development, etc. While SCO litigation isn't a killing blow to linux in itself, it gives time for competitors to get a foot in the door, hook potential clients into long term contracts or long term commitments due to initial investments. I think the poster had an excellent point and I had not really considered this facet of the SCO attack so fully until he brought it up. Good point, poster.

    14. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      That may very well be part of the reasoning. I think it is also about creating FUD to slow the take up of Linux Prior to the release of Longhorn and NGSCP.

      But, the Open Source Community is not a single entity and each bit responds differently to attack. It is a bit like fighting "The Blob". There is no central authority that can be distracted. OSDL is responsible for the kernel, but 2.6 has just been put to bed, and Linus does not seem to be terribly distracted.

    15. Re:Conspiracy Theory by NanoGator · · Score: 1

      "It does take a special kind of troll to suggest that MS actions and sleazeball tactics had zero effect on the demise of netscape though. Congratulations."

      For Netscape to have survived, it would have had to have been a better offering than IE. They couldn't even make it stable for Linux. So spare us the MS is at fault for Netscape's demise bullshit.

      --
      "Derp de derp."
    16. Re:Conspiracy Theory by Malcontent · · Score: 1

      "For Netscape to have survived, it would have had to have been a better offering than IE."

      They did. IE was worse then shit until 4.0.

      "They couldn't even make it stable for Linux. "

      What does this have to do with anything?

      "So spare us the MS is at fault for Netscape's demise bullshit."

      So once again you are claiming that MS "cut off the air supply" tactics had ZERO effect on Netscape is that right? Zero? None? Not even one little bit?

      If you think that the illegal and predatory tactics by MS had zero effect on Netscate you are a total idiot.

      --

      War is necrophilia.

    17. Re:Conspiracy Theory by NanoGator · · Score: 1

      "They did. IE was worse then shit until 4.0."

      And before that Netscape had half the market share. Oops.

      "What does this have to do with anything?"not to use Netscape.

      "So once again you are claiming that MS "cut off the air supply" tactics had ZERO effect on Netscape is that right? Zero? None? Not even one little bit?"

      Actually, that was my first post on that particular discussion. So there is no 'once again'. As for the effect, who knows what the effect was? If Netscape had been a superior product, we'd know what Microsoft's effect was. However, Microsoft made a better product, and they won.

      "If you think that the illegal and predatory tactics by MS had zero effect on Netscate you are a total idiot."

      If you think Netscape was beaten unfairly, you are full of shit. We all know Microsoft did illegal stuff in that area. I'm not arguing they didn't. What I am arguing is that Netscape lost because they sucked, not because Microsoft did illegal stuff. As for if it had any effect, we'll never really know. I wouldn't be the least bit surprised if it had some effect, but I know it wasn't the death blow.

      --
      "Derp de derp."
    18. Re:Conspiracy Theory by Malcontent · · Score: 1

      As I said. You believe that the illegal and predetory practices of MS had zero effect on netscape so you are an idiot. Somebody who has no understanding of capitalism or how markets work.

      --

      War is necrophilia.

    19. Re:Conspiracy Theory by NanoGator · · Score: 1

      "You believe that the illegal and predetory practices of MS had zero effect on netscape so you are an idiot."

      Read what I said, numbnuts.

      --
      "Derp de derp."
    20. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      Don't worry about malcontent. He has an infuriating inability to see the obvious. He choses what he wants to believe, and fights for that no matter what the facts are.

    21. Re:Conspiracy Theory by NanoGator · · Score: 1

      "and fights for that no matter what the facts are."

      Heh including the fact that I never said 'zero effect'.

      Cheers.

      --
      "Derp de derp."
  10. Bob Young by Ender+Ryan · · Score: 4, Interesting
    I've got to hand it to Bob Young, as he is a really stand up guy. It's a shame he no longer works at RedHat, but at least he's still working on something admirable, and it's nice to see him still taking interest in his former company.

    If only more execs were like him, we would have a much better business atmosphere here in the U.S. of A.

    Thanks Mr. Young, I've always had the utmost respect for you.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:Bob Young by Anonymous Coward · · Score: 0

      Bob Young is Linux's Bill Gates. Like Bill, with Bob it's all about bundling agreements, investors, and backroom deals. Or it was, since he's cashed in his chips having played Linux like a game. He's not a saint, that's for sure, and Red Hat didn't get where it's at on technical merit.

      Of course, the parent is probably just whoring for karma anyway. Kissing Bob Young's ass is always good for a few points.

    2. Re:Bob Young by baywulf · · Score: 4, Funny

      Not to by cynical but if I had millions of dollars and didn't have to work I could stand to be more vocal about how I really felt about things too.

    3. Re:Bob Young by Anonymous Coward · · Score: 0

      "Not to by cynical but"... don't you wish you could go back and fix those typos?

    4. Re:Bob Young by Anonymous Coward · · Score: 0

      > If only more execs were like him,
      > we would have a much better business
      > atmosphere here in the U.S. of A.

      Ironic that Bob Young is Canadian, a native of Hamilton, Ontario.

  11. We see the flaw is SCO's defense by pbug · · Score: 5, Insightful

    But when push comes to shove the courts system is going to have the final say so. I hope with all my heart that whatever judge oversees this case will make the correct decision and squash SCO like the bug they are.

  12. You are talking out your ass. by DAldredge · · Score: 2, Flamebait

    The JFS code came from OS/2, not from AIX.

    Please, if you don't know what you are talking about, don't present it as fact.

    Would it have killed you to have added the words I think somewhere in that sentence?

    1. Re:You are talking out your ass. by HeghmoH · · Score: 1

      Unless explicitly stated otherwise, the words "I think" are added to every sentence in a forum like slashdot. Please obtain clue. For someone with a four-digit user number, I expect more.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    2. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      What, more uppity geek snobbiness and impolitety?

      Yeah, me too.

    3. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      Heh heh, nice comeback. I bet that'll sting when he reads it.

    4. Re:You are talking out your ass. by Anonymous Coward · · Score: 0
      allegedly adv.
      Usage Note: An alleged burglar is someone who has been accused of being a burglar but against whom no charges have been proved. An alleged incident is an event that is said to have taken place but has not yet been verified. In their zeal to protect the rights of the accused, newspapers and law enforcement officials sometimes misuse alleged. Someone arrested for murder may be only an alleged murderer, for example, but is a real, not an alleged, suspect in that his or her status as a suspect is not in doubt. Similarly, if the money from a safe is known to have been stolen and not merely mislaid, then we may safely speak of a theft without having to qualify our description with alleged.
      http://dictionary.reference.com/search?q=allegedly
    5. Re:You are talking out your ass. by Malcontent · · Score: 0, Flamebait

      Zionism in slashdot sigs. Yes that's what's it some down to.

      --

      War is necrophilia.

    6. Re:You are talking out your ass. by IM6100 · · Score: 1

      There have got to be at least 800 clueless knobs with three digit user numbers. Granted there have got to be at least 8000 with four digit user numbers, so come on.

      --
      A Good Intro to NetBS
    7. Re:You are talking out your ass. by mickwd · · Score: 1

      "What's more interesting is that JFS for linux came from their windows version, not their AIX."

      "Please, if you don't know what you are talking about, don't present it as fact."

      Don't be so ready to act like a jerk. I think it was a typo.

    8. Re:You are talking out your ass. by thales · · Score: 0, Flamebait

      It's no worse than the mindless leftwing drivel in many of the sigs.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    9. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      How do you type os/2 into windows?

    10. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      windows

    11. Re:You are talking out your ass. by arkanes · · Score: 1

      Or the mindless rightwing drivel, for that matter. People should just shamelessly linkwhore, like me.

    12. Re:You are talking out your ass. by maelstrom · · Score: 2, Funny

      Hey I resemble that remark!

      --
      The more you know, the less you understand.
    13. Re:You are talking out your ass. by Mikeytsi · · Score: 1

      Which would be IBM's version of a windows operating system. He specifically mentioned that it did not in fact come from AIX. If you don't understand what the person is talking about, try to avoid making posts to insult the person's intelligence.

      With a 4-digit user number, I'd expect that you'd have been around long enough to learn how to read.

      --
      I've been called a "Fucking Dick" by better people than you.
    14. Re:You are talking out your ass. by Malcontent · · Score: 1

      Oh I guess that makes it alright then. As long as both sides are equally despicable everything is A-OK

      --

      War is necrophilia.

    15. Re:You are talking out your ass. by DAldredge · · Score: 1

      OS/2 in not IBM's version of a windows OS. It is a totally seperate OS.

      Damn.

    16. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      This is somewhat amusing for me to say this, but while your idiotic posts on usenet might go unnoticed, you're not going to get away with such obvious idiocy on Slashdot. Try being less ignorant before running your mouth, or leaving your mental midgetry for David Stes.

    17. Re:You are talking out your ass. by Anonymous Coward · · Score: 0

      So seperate that it was going to be the next version of Windows until MS and IBM started fighting.

    18. Re:You are talking out your ass. by bhtooefr · · Score: 1

      No, no, no. Windows was going to be the consumer OS, and OS/2 was going to be the prosumer/business OS, kinda like how Windows 98 (and then ME) and Windows 2000 were, and how Windows 95 and NT4 were. However, when Microsoft was developing OS/2 2.0 (codenamed "NT", the shortened nickname for the Intel 860, the main platform for it), they decided to say "Fsck IBM!" and make it into Windows NT (for "New Technology") 3.1. It was BECAUSE it was going to be the next version of Windows that MS and IBM started fighting. OS/2 2.0 is actually a fork of OS/2 1.0, and NT is the trunk.

  13. SCO programmer adding code means?? by cluge · · Score: 4, Interesting

    "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel."

    My take is that if a SCO programmer contributed code, then of course SCO wanted the code contributed and it then falls under the GPL. This seems reasonable. The idea that worries me is that SCO may claim that the programmer(s) was/were rogue and made the contributions against their "corporate policy". Then what do you do? The genie is out of the bottle, you can't take it back and who does SCO go after - the programer or the Linux community?

    AngryPeopleRule

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    1. Re:SCO programmer adding code means?? by TheLinuxSRC · · Score: 1

      I read something about the exact scenario which you are describing. Basically, being an employee of SCO, these contributors are considered "representatives" of SCO. As such, it was up to their management to put a stop to such contributions when they happened (if that was in fact the official stance of SCO). In other words, if this was something that was considered part of their job, then they are considered representatives of their employer (SCO); thus, any code contributed under these conditions is code that is considered to be GPL'd code (since that was the original license made by a representative of SCO).

      I cannot find where it was that I read that, although I think it was in a discussion on groklaw. Anyone else have anymore specifics?

      p.s. IANAL and don't ever want to become one!

    2. Re:SCO programmer adding code means?? by fermion · · Score: 5, Insightful
      IANAL, but I think this question, and maybe the article, kind of misses the point. One good point has already been made, the the programmers are not rogue.

      The second point is that this is not a case where copyrighted material has escaped, been used by a competing company, and the competing company is claiming that because the copyrighted material is now in public view, it is no longer under copyright protection.

      This is a case where the accused party is perfectly willing to discuss specific instances of copyright violation, and, if proved valid, remove the code.

      The things that complicate this is whether IBM was under the standard or modified UNIX agreement, and whether anyone who ever worked in UNIX can be considered to have stolen IP from UNIX.

      And this is why most of the discussion on this topic is irrelevant. The suite against IBM is probably a valid question, and maybe even justifiable due to the previous action of IBM. If the laws are followed, it will only affect IBM, at least until another battle is fought to prove the code in Linux is substantially similar. At which point the code will simply be removed and life will go on.

      This is why they are trying to attack on the second front, essentially saying that Linux stole everything from Unix. There is no reason to show specific code, because all the code in effect breaks copyright because it was all done by people who saw Unix code. Saying that a programmer here and there legally contributed little pieces of code does not mean that overall product is does not break Unix copyright. Many would say this is a silly argument. But this is not something that will be won in courts. This will be won in the marketplace. And even thought the OSS software has no more risk than closed software, people may begin to believe that it does. And by fight SCO on the battlefield it selects, with articles such as this, we play into their strategy.

      There are only two things that matter. First, the real battle is between IBM and SCO. That is the lawsuit that is filed. That is the only battle SCO needs to actively defend. If SCO wins, Linux will adjust the code. I think everyone has said this. Until a judgment is handed down, nothing needs to be done.

      The second is the assumption that Linux breaks copyrights from Unix. SCO is not putting anything substantial into this fight. It is merely a distraction to make the OS community waste time. The only reasonable response is to sumarily state that there is no legal basis to find that Linux is derived from Unix and no known copyright infringement exists. If any are found, they will be corrected, as in the past. If asked why this is true, all one needs to do is ask why SCO has not filed suit to defend their point. At this point it is all words.

      OSS can and should define the battlefield, and not just respond to SCO. I am sure that people will correct me or mod me down if they disagree.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    3. Re:SCO programmer adding code means?? by MathFox · · Score: 2
      SCO's actions in this case carry a certain smell. They accuse IBM from providing trade secret/copyrighted (the story changes regularily) code to Linux, but are unwilling to specify, even in the court documents, what the infringing code is.

      The problem is that SCO accuses everyone in the press, but refuses to show proof. We wait "with bated breath" what SCO will provide as answer to Judge Well's order to state what the basis for their lawsuit against IBM is.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    4. Re:SCO programmer adding code means?? by cluge · · Score: 4, Insightful
      One good point has already been made, the the programmers are not rogue.


      That doesn't mean that SCO won't claim otherwise, or claim that the person that authorized such contributions didn't have the authority to do so. Lets face it, it's not like telling a falsehood is a problem for SCO. That is my point from the first post albeit not well made. I assumed everyone had read the article and would infer that I was impying that SCO would lie about the companies past contributions :) - I posted too quickly -


      While your analysis is interesting, I think there is enough legal history in the BSD case to make it hard for SCO to pursue that "all of linux is in violation".

      AngryPeopleRule

      --
      "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    5. Re:SCO programmer adding code means?? by jelle · · Score: 1

      "It is merely a distraction to make the OS community waste time."

      If you honestly think that the actual kernel development has slowed down even a bit because of this, then maybe you should ponder if a devoted kernel developer such as the people contributing to the Linux kernel would choose to reduce any precious time spent kernel coding because of this...

      Many people contribute to Linux because it is both fun and an intellectual challenge. Similar to the motives of an artist spending a lot of time and effort making a piece of art for a public place, to contribute to such a project gives a feeling of pride and self-worth. Reading the latest SCO gibberish and /. , groklaw, mainstream media, or stock speculative traders responses does not, and therefore is not likely to distract the core developers from their passions.

      What SCO is doing is damaging GNU/Linux in the marketplace, but technically it is not slowing it down. The technical improvements in the Linux kernel are just not as visible to 'the market' until this is all over. To a company faced with these tactics from a competitor that may be devastating, because a dip in sales combined with large legal fees would be very bad for the cash-flow, but Linux will just bounce back stronger than ever when these lawyer games are over.

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
  14. One question. by AmoebafromSweden · · Score: 5, Interesting

    Well, since they have been ordered to show the code in the court in january I think we will se the end of this. One question I Do have is:

    I do not live in America, but shouldnt there be a lot of people reporting SCO to the appropriate governmental Body that oversees frauds in the stockmarket? (SEC)

    How is that going, do they have any official stance on that or?

    Are they waiting until the hammer falls (most likely) in heavy disfavor to Sco?

    Care to enlighten a foreigner?

    1. Re:One question. by Licensed2Hack · · Score: 2, Flamebait

      I do not live in America, but shouldnt there be a lot of people reporting SCO to the appropriate governmental Body that oversees frauds in the stockmarket? (SEC)

      For p&d (pump and dump) to actually occur, SCO must be shown to be making false claims for the purpose of increasing their stock. At this point that cannot be determined (legally) since nothing has been proven in a court of law. That doesn't mean the SEC isn't watching.

      The FTC might also be watching, since interstate commerce is involved.

      Are they waiting until the hammer falls (most likely) in heavy disfavor to Sco?

      I think they have to wait. I do hope they are watching.

      (Holy Shit, Batman, did I actually say I hoped the government was watching?)

    2. Re:One question. by Malcontent · · Score: 1

      "I do not live in America, but shouldnt there be a lot of people reporting SCO to the appropriate governmental Body that oversees frauds in the stockmarket? (SEC)"

      These people are greedy and evil but they are not stupid. They are not going to break the law.

      What you have to realize is that in America the laws are written by the corporate class. They allow for all kinds of sleazy things. What SCO is doing (and what Enron, Worldcom etc did) is perfectly legal.

      --

      War is necrophilia.

    3. Re:One question. by ChrisBrown1 · · Score: 4, Informative

      Actually, SCO does NOT have to show the code "in court" in January. They have to provide it to IBM. There are protective orders in place such that SCO's "secret" code need not be directly disclosed in public. Though, I've yet to figure out why SCO needs such privacy on code they claim most any of us supposedly already have in plain text in /usr/src/linux.

    4. Re:One question. by Rob+Riggs · · Score: 4, Interesting

      I think that SCO has to lose in court before it will be considered. Unless someone can bring extremely convincing facts to the SEC that SCO intentionally misled investors, then there is little that the SEC can do.

      One would basically have to prove that Darl & Co. knew they had no case. Ignorance and stupidity are quite excusable in the US, even if the results are the same as if one wielded malice instead. The SCO guys have been doing their idiot dance for the media for almost a year now. They would most certainly plead stupidity -- and win.

      I don't think it's likely they will be pursued by the SEC. However, if IBM finds any "Linux Lottery" documents at SCO during discovery, all bets are off.

      --
      the growth in cynicism and rebellion has not been without cause
    5. Re:One question. by Kirth · · Score: 1

      Yay, that's different than in europe. Here I would have called the police as soon as I would have gotten an invoice -- extortion. Possibily even earlier, as soon as the pattern between SEC-filings and press releases became apparent. And I wouldn't have any need to sue them or present much evidence, because, as with a robbery, the police would have to investigate.
      --

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    6. Re:One question. by Anonymous Coward · · Score: 0

      Yep, that's the same as what would happen in Australia.

      The Australian Competition and Consumer Commission is already investigating SCO, even though they have been careful not to send any invoices to Australia.

    7. Re:One question. by Almost-Retired · · Score: 1

      In that regard, I like many others, have sent that question to the FTC and the SEC. I suspect they felt it was a form letter and ignored it because they sure as hell haven't made any public comments that I have seen in the media/news.

      Coverup? Damned if I know, but it sure smells that way to me.

      --
      Cheers, Gene

    8. Re:One question. by jelle · · Score: 2, Insightful

      Well, in the country with in its history legends such as Buffalo Bill and a long history of fighting racial inequality, there is a lot less silk-glove-handling and you have to stand up for your rights. The government will not just do it for you, you have to get up and make a stand, and then maybe you will get help. Or maybe not, but that doesn't mean that you will lose. But you will lose when you are lazy.

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
    9. Re:One question. by Anonymous Coward · · Score: 0

      "code they claim most any of us supposedly already have in plain text in /usr/src/linux."

      Actually, I received a copy of that code complete with a license to use, redistribute, and modify it called "The GNU Public License" from the website of a company called SCO...

    10. Re:One question. by Anonymous Coward · · Score: 0

      What frauds in the stock market do you think you SCO has committed? What evidence do you have of any specific violation? Fortunately or unfortunately, SCO has probably not broken the law, at least not to the extent that gets the SEC interested. What they have been doing is ugly, but is it illegal? I doubt it. People on slashdot say "pump 'n dump" like there's some specific law being broken, but, like it or not, they are almost certainly operating just inside of the legal limits for insider trading.

    11. Re:One question. by Trepalium · · Score: 1

      Recieving an invoice for something which you haven't purchased is considered mail fraud. It's quite likely that any american that gets such an invoice could get SCO prosecuted. If a 'reasonable person' would consider what SCO sent to people to be an invoice, despite the fact the victim had no contracts or agreements with that company that would permit them to invoice the victim in this way. I believe this is why SCO has not sent out the invoices despite contantly saying they will. Their lawyers probably were probably telling them not to.

      --
      I used up all my sick days, so I'm calling in dead.
  15. If you'll read the article by Anonymous Coward · · Score: 5, Informative

    You'll notice that the entire point is that Groklaw has now established these contributors had policy/supervisor approval.

    We always knew that Mr. Aivazian contributed to Linux; the new thing that Groklaw has unveiled here is that he can be proven to have been acting as an authorized agent of SCO.

    -- Super Ugly Ultraman

  16. maddog in the fog by Doc+Ruby · · Score: 2, Insightful

    "'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?'"

    maddog isn't careful enough to avoid the irrelevant "author's intent" of the "framers" of the US Constitution. The primary design principle of the Constitution was to model the "natural" rights of people in a document that would guide a just government, mainly by limiting its power. Their primary mechanism for making the model accurate was to enumerate mechanisms for keeping it current, starting immediately with the first 10 amendments (the Bill of Rights). That's why the US government is now the oldest in existence, excepting some ways of looking at China and the Vatican (and some other tiny places). The founders of the USA had insight, more accurate than foresight. Much of that insight was gained through the importance of publishing in the colonies - NB Ben Franklin as publisher, Thomas Paine the leafleteer, and many others.

    The self-reinforcing dynamic feedback relationship between the US government structure and the people has shaped both the government and the people, keeping them in relative harmony. maddog can forget about the "founders", as long as he keeps the Constitution (to be read in the present tense) in mind - a living document that really works.

    --

    --
    make install -not war

    1. Re:maddog in the fog by s20451 · · Score: 4, Informative

      That's why the US government is now the oldest in existence

      I don't mean to nitpick, but the last "regime change" in Britain occurred during the 1640-1660 civil wars. The British Parliament is one of the oldest institutions in Europe, dating from the 1200s. True, the nature of the government has changed over time, but fundamentally it is still a monarchy which governs through a parliament.

      --
      Toronto-area transit rider? Rate your ride.
    2. Re:maddog in the fog by RealProgrammer · · Score: 2, Insightful
      maddog isn't careful enough to avoid the irrelevant "author's intent" of the "framers" of the US Constitution.

      The intent of the author of a document isn't relevant? That's clearly bogus. I could take your comment, parse it phrase-by-phrase, and give it a meaning you never intended. After all, you wrote that in the past; I should interpret it according to the present. Put a different way, if the author's intent isn't important, then it's useless to write anything down, since the reader's opinion is the only one that matters.

      What's more important here is that the Framer's intent and Congress' current legislative intent are in lockstep agreement. See this post from Dec 9 for a quote from Congress about its intent for the Copyright Term Extension Act of 1995, the legislation scrutinized in Eldred v Ashcroft and totally mischaracterized by SCO's McBride. Congress made it clear that copyright wasn't primarily about profit, just as the Framers intended.

      --
      sigs, as if you care.
    3. Re:maddog in the fog by RedHatLinux · · Score: 2, Informative
      Yes, but all those countries governments have changed over time.

      Italy wasnt a completed nation state until 1870.

      Russian government changed several times in 1619 with the election of Michel Romanav as the next czar. 1917 with the creation of the provisional Government under Kerensky and 1917 again with the seizure of power by lenin.

      France has gone through a few republics ... not to mention the whole Vichy thing and the Revolution occured in 1789 I believe.

      Greece lost and regain its independence several times and went through several government types. The same is true with Egypt.

      Outside of say Iceland he is generally correct.

      Hey Just cause it involves America doesnt mean its always wrong or bad :).

    4. Re:maddog in the fog by IM6100 · · Score: 1

      France, Italy, Russia, and probably most of the others you cited have had 'revolutions' that formed new governments in the time since the US was founded.

      It's really a mistake for you to accuse somebody else of ignorance.

      --
      A Good Intro to NetBS
    5. Re:maddog in the fog by Doc+Ruby · · Score: 1

      "I could take your comment, parse it phrase-by-phrase, and give it a meaning you never intended.

      Then you would have misunderstood the message. Probably my fault, failing to communicate to you. Unless you're hostile, in which case it's probably still my fault, failing to disambiguate.

      "if the author's intent isn't important, then it's useless to write anything down, since the reader's opinion is the only one that matters."

      Consensus is essential to communication. More perfect communication exists only between peers - adversaries or distant relations suffer noise, or worse. It takes two to tango, lovers to tango well.

      "What's more important here is that the Framer's intent and Congress' current legislative intent are in lockstep agreement. See this post from Dec 9 for a quote from Congress about its intent for the Copyright Term Extension Act of 1995, the legislation scrutinized in Eldred v Ashcroft and totally mischaracterized by SCO's McBride. Congress made it clear that copyright wasn't primarily about profit, just as the Framers intended."

      The current trend in US law, from Congress out to backseat lawyers, is to guess at intent, perverting even clearly written laws to suit the bias of the reader. Maybe you're some kind of mindreader, but the only clues we've got to the intent of the members of Congress (17th or 21st Century) is their expressions. That's why we're "a nation of laws, not of men": because the laws are enough. The consistency of the Constitution with the speeches and writings of Congresspeople grows from the interaction of the people with the Constitution through their interaction with their representatives. The framers (with sanctimonious capitalization removed) clearly wrote that copyrights serve the furtherance of science and art. McBride, Congresspeople and anyone else can argue about exactly what those people "intended" by "furtherance", or anything else with inconclusive evidence. The only actual agreement was made in writing, with each person signing when they accepted the written agreement as reflecting their "intentions".

      The power of following laws, rather than a cult of ancestors, is its continuing relevance as we update the laws. The reverence we hold for our ancestors comes from what we have made of their work, regardless of their (often dubious) mental landscapes. BTW, real programmers know the machine can parse only the code, not the comments, no matter how well intentioned.

      "The road to Hell is paved with good intentions."

      --

      --
      make install -not war

    6. Re:maddog in the fog by Nivag353 · · Score: 1

      Actually the Isle of Man had a parliament (government) that was begun over a thousand years ago - and still meets evey year.

      Oh! you did say "and some other tiny places" - oops! But, since when was China a tiny place? (maybe its too late at night for reading slashdot... (10:50pm here)

      a tired Nivag

    7. Re:maddog in the fog by thales · · Score: 1

      Let's not omit the forced abdication of James II when Parliment invited William of Orange to invade in 1688. That was a regime change, though it still predates the American Constution.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    8. Re:maddog in the fog by adrianbaugh · · Score: 3, Informative

      Interesting. My father (a professional historian who takes interest in such matters) reckons that the oldest administrative region (in terms of borders) in the world is the county of Kent, whose borders are the same as the ancient borders of the kingdom of the Cantii. Its rival used to be certain provinces in China, but those borders got altered under the Maoists.

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
    9. Re:maddog in the fog by Malcontent · · Score: 1

      " Yes, but all those countries governments have changed over time."

      So what? It's still the same country isn't it? People evolve in their governemnts just like we have evolved in ours. Do you count every constitutional amendment as a new govt? Did the emancipation proclimation somehow create a brand new govt.

      That's a really lame argument. By the way the original poster by the ignoramous stated "That's why the US government is now the oldest in existence, excepting some ways of looking at China and the Vatican (and some other tiny places". A statement that is wholly without factual basis.

      --

      War is necrophilia.

    10. Re:maddog in the fog by Zontar+The+Mindless · · Score: 1

      Not to mention Iceland. Its legislature, the Althing, has been meeting since CE 930 -- nearly 1100 years.

      --
      Il n'y a pas de Planet B.
    11. Re:maddog in the fog by jelle · · Score: 1

      "Yes, but all those countries governments have changed over time."

      Oh, I didn't realize the last name of the president was Washington. Silly me thinking it was Bush. Ok it isn't fair to take your words out of context.

      But seriously, even in terms of political parties, the US government did change too. For example, the democratic party was founded in 1972, and the history of the republican party doesn't go back before 1854. And the birth of those parties constituted quite a large change in the US government, wouldn't you say? Btw, what happened to the Whigs?

      While I could be convinced that the US is the oldest democracy, it does go a bit far to claim that the US government is the oldest unchanged government. And that's a good thing too, because times change and societies change, hence governments must change with society. That is the whole point of democracy, that the government is a reflection of the people that vote.

      (which is why I am happy (but sceptic) about the new campaign contribution limits, but that is a different subject)

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
    12. Re:maddog in the fog by Anonymous Coward · · Score: 0

      Students, please note how the poster says "A statement that is wholly without factual basis" without disproving the statement with facts. How do we call that debating technique?

    13. Re:maddog in the fog by zenyu · · Score: 1

      Not to mention Iceland. Its legislature, the Althing, has been meeting since CE 930 -- nearly 1100 years.

      When growing up in Iceland I used to think of America's strengths and problems stemming from it being one of the youngest countries around. It was a total shock when I moved here and heard it's citizen's speak of America as the world's oldest democracy. If you put a bunch of caveats on the phrase it can be interpreted as having some truth, but this foolish. America is America because it is a young country. One without history or language or religion, and so it functions a beautiful microcosm of the world. Our government is a stitched together hodge-podge of democracy and totalitarianism that almost never displays any signs of conscious thought being applied to a problem; this can be incredibly frustrating and even scary at times, but also gives us that lawlessness countries like Iceland lack, this can be really liberating when the laws are insane or just innane or rather silly.

    14. Re:maddog in the fog by RedHatLinux · · Score: 1

      I was refering to government types. It is obivious will eventually change over time.

    15. Re:maddog in the fog by biscrage · · Score: 1

      I totally agree

    16. Re:maddog in the fog by RealProgrammer · · Score: 1
      Maybe you're some kind of mindreader, but the only clues we've got to the intent of the members of Congress (17th or 21st Century) is their expressions.

      The quote I supplied was from the minutes of the Senate Judiciary Committee as they wrote the Act. It was a clear comment on exactly the topic discussed in SCO's open letter. As the majority of the Supreme Court said in Eldredge v. Ashcroft, "... a page of history is worth volumes of logic."

      We don't need to read their minds when we have their expressions, as (from your expressions) I believe you would agree.

      BTW, real programmers know the machine can parse only the code, not the comments, no matter how well intentioned.

      You appear to be using "machine" as a metaphor for society, "code" for laws, and "comments" for intent. Which do you mean are well intentioned, the machine, the code, or the comments? The analogy fails in any case, because it's precisely because we aren't machines that we need the comments to understand the code. Comments are especially helpful in debugging code, even when you know in general what a piece of code is supposed to do.

      "RealProgrammer" is just a tongue-in-cheek pseudonym; I don't hesitate to admit I'm a wannabe who wastes way too much time on Slashdot.

      As for whether the [Ff]ramer's intent or current popular will should prevail, or whether that's even the question, I think we'll have to accept that our opinions differ.

      --
      sigs, as if you care.
    17. Re:maddog in the fog by DataCannibal · · Score: 1

      I don't mean to nitpick your nitpick (which means, of course, that I do wish to nitpick) but didn't Iceland have its Parliament (Thing) long before Simon de Montfort got it together with some other nobles ?

      --
      No but, yeah but, no but...
  17. irony? by molnarcs · · Score: 4, Interesting

    This is devastating news for SCO, for they can no longer claim to have protected they 'trade secrets' appropriately, thus they might loose rights to whatever they did on jfs in the courts.

    On the other hand, they failed to cough up any sensible evidence so far, and my guess is that they are clueless about the affairs at 'old' SCO. This relevation might point them to the right direction - they can pinpoint precisely where code exchange between unixware and linux took place. They can either submit this as new evidence (deadline: jan 8?) and loose, or disregard it and ... loose. Good.

    1. Re:irony? by Penguinshit · · Score: 4, Insightful

      What this further demonstrates is that SCO obviously did not, based on their original lawsuit and all arguments after, perform adequate pre-acquisition due diligence to protect the Intellectual Property they are claiming is infringed.

      SCO investors should be extremely interested in this point when the courts rule against SCO. This opens up the possibility of investor lawsuits against Darl and his E-staff personally (regardless of any governmental actions contemplated by the SEC and/or FTC)

      .

      Couldn't happen to a nicer bunch of fuckwits.

    2. Re:irony? by Anonymous Coward · · Score: 0

      "SCO obviously did not" ... "perform adequate pre-acquisition due diligence"

      And when they discover this, the new lawyers of SCO will sue the old lawyers of SCO for incompetence.

  18. My thoughts by slash-tard · · Score: 1

    SCO has been on the decline for a long time. There market is small and medium x86 unix machines which linux is replacing.

    I think this is a scheme by the executives to pump the stock and make some money. There is also the remote possiblity that they could get a verdict against IBM and get lucky and have it stand up on appeal. Given todays legal system and the lawsuit happy environment we are in the odds are probably worth taking, especially for a dying company.

    If there was any merit to SCO's accusations Im sure we would have seen something by now. After this is over, assuming they lose, I think they should be investigated for fraud.

  19. a five for interesting?!?!?!?!?!?!?!?! by Anonymous Coward · · Score: 0

    question... (Score:5, Interesting)
    by Clever Pun (729719) on Saturday December 13, @03:40PM (#7712121)
    (note: this is NOT an intentional troll. i'm just trying to understand this issue as best i can. thanks for not kicking me in the teeth :)

    as far as i can tell, the SCO is upset with linux because several of its programmers contributed to the linux kernel, and so SCO feels that it deserves some sort of monetary kickback, right?

    but, if you contribute to something that you KNOW is open-source, don't you, like, forfeit any ability to request monetary compensation for your effort? or am i missing something big here?
    [ Reply to This ]

    1. Re:a five for interesting?!?!?!?!?!?!?!?! by Clever+Pun · · Score: 1

      I'd have to agree - i mean, i'm flattered, but...really, there HAS to be something that's more deserving of mod points....

  20. Open source code is transparent, right? by cperciva · · Score: 3, Insightful

    As we all know, open source code is transparent; it's all out there for everyone to see.

    So why did it take four years to notice this?

    1. Re:Open source code is transparent, right? by FreeForm+Response · · Score: 1

      Nobody cared to look before.

    2. Re:Open source code is transparent, right? by IM6100 · · Score: 2, Insightful

      The tarball of the Linux kernel source is multiple-megabytes in size. In compressed form.

      Have you read the whole thing through?

      --
      A Good Intro to NetBS
    3. Re:Open source code is transparent, right? by ottffssent · · Score: 1

      To notice what? That someone who happened to work for SCO released code into Linux completely separately from his work at SCO, and even went to the trouble of asking the SCO folk about it beforehand as a courtesy?

      Nothing to see here folks, move on. This case will wend its way to court, IBM's crack lawyers will annihilate SCO's crack-smoking lawyers (many thanks to whoever it was who came up with that!), and then it will be over. This happens every day.

  21. Darl McBride mentioned on the Simpsons by usurper_ii · · Score: 0, Troll

    Pretty funny when Bart says, "Hey Darl!"
    Check out this screen capture.

    Usurper_ii

  22. Read The FAQ! by T-Ranger · · Score: 4, Insightful
    /. Faq

    Its been thought of. And more or less refuted in general. And while I cant find the link, I remember a groklaw admin specificly stating that being slashdotted wasent an issue; they could handle it.

    1. Re:Read The FAQ! by 198348726583297634 · · Score: 1

      and you don't think in the three years they've had since that was posted, they could have thought about it carefully (as he says would be necessary), and done something?

    2. Re:Read The FAQ! by gl4ss · · Score: 1

      maybe there could be a slashdot.txt in which you could prepare for the inevitable if you thought you were nerdy enough?

      like a robots.txt.. so that you could give permission and express your wish to be cached, and the least to not get slashdotted into oblivion.

      i'm pretty sure this has been thought of tho, and just deemed so that you'd never think you're doing anything cool/nerdy enough to get slashed.

      --
      world was created 5 seconds before this post as it is.
  23. Re:SCO planned this way ahead? by October_30th · · Score: 3, Funny
    How else do you explain the fact that all the questionable code has been inserted by SCO employees?

    I say this is a deep-cover infiltration operation.

    --
    The owls are not what they seem
  24. Re:EXCLUSIVE: Microsoft new security strategy: by Anonymous Coward · · Score: 0

    Really pathetic and unoriginal troll there. You need to check out the Adult's guide to trolling for some suggestions.

  25. News on SCO's web site. by Anonymous Coward · · Score: 5, Interesting

    Well since the alleged flood on SCO's web site, I was curious enough to go visit it. Interesting are the news items there.

    SCO Ranked 75 In Deloitte Technology Fast 500

    The SCO(R) Group (SCO) (Nasdaq: SCOX), a leading provider of business software solutions, today announced its ranking-number 75-on the 2003 Deloitte Technology Fast 500, a ranking of the 500 fastest growing technology companies in North America.

    Darl McBride Ranked in Top 25 IT Executives for 2003

    Darl McBride, president and CEO of The SCO Group, was ranked among the top 25 executives in the IT industry, according to CRN. The ranking represents McBride's fight to raise industry awareness of the importance of protecting intellectual property in a digital age"

    and then this little troll from SCO in the NEWS

    Zealots: The Three Faces of Linux

    It's sad to see how people are so misguided.

    1. Re:News on SCO's web site. by Anonymous Coward · · Score: 0

      Wow, the last time I saw 'news items' like that from a company, it didn't last a year before the company went down...

    2. Re:News on SCO's web site. by Anonymous Coward · · Score: 0

      Lines from the last article linked to by parent:

      The Linux Zealots generally hide behind phony names on the Internet

      ROTFFL! Don't most people (even those who have never heard of Linux) hide behind phony names on the Internet?

      because if the Zealots are lying about facts I know to be true, they must be lying about facts I don't know about.

      Hey McBride, grab a book about logic and flip to the secion that says "Slippery slope."
      (Then read the whole book twice)

    3. Re:News on SCO's web site. by Anonymous Coward · · Score: 0
      SCO Ranked 75 In Deloitte Technology Fast 500
      Darl McBride Ranked in Top 25 IT Executives for 2003

      This reminds me of the good time when Enron was collecting all kind of prizes for being a superb company, extremely innovative, dynamic, the company with the greatest revenue, and so on. Like:

      ENRON NAMED #22 OF "100 BEST COMPANIES TO WORK FOR IN AMERICA,
      ENRON NAMED MOST INNOVATIVE FOR SIXTH YEAR
      also ranked first on management talent and second on employee talent. I expect Darl to collect a bunch of similar prizes anytime soon.

    4. Re:News on SCO's web site. by Tsali · · Score: 1

      The 3-Faces....

      Technology zealots? Zealots == terrorists? Come off it. A litter of FUD-sucking trolls on that last article. The last couple paragraphs are barely coherent and have sweeping generalizations (unemployed, fabricating stories...)

      A new meaning to the term "yellow" journalism.

      J.

      --
      This space for rent.
  26. King Canute by infolib · · Score: 5, Interesting
    The story about King Canute goes in two versions. The first version is the one referred to in the submission:

    King Canute had very high thoughts of himself. Once he had his throne placed at the shoreline, and ordered the waves to stop. Of course they washed over his toes, humiliating him.

    I like the second version better. From the linked Wikipedia article:

    King Canute grew tired of flattery from his courtiers. When one such flatterer gushed that the king could even command the obedience of the sea, Canute proved him wrong by practical demonstration, his point being that even a king's powers have limits.

    DISCLAIMER: I'm danish, so of course i prefer the more favourable version. Anyway, the English owe us nearly 900 years of danegeld. (If you pay up now we might even give you a discount for the very handy assistance in WWII!)
    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
    1. Re:King Canute by Rupert · · Score: 1

      Yeah, but you still owe us for the cakes.

      You know, the ones that burned because King Alfred had to go and take care of your fleet.

      With interest, that should equal the output of most of Denmarks bakeries. And don't go putting any of that Lurpak stuff on them.

      --

      --
      E_NOSIG
  27. Well-meaning response marred by incorrect summary. by jbn-o · · Score: 4, Interesting

    In an otherwise thoughtful and well-meaning letter, Bob Young incorrectly states opinions that are widely published elsewhere and fails to take Darl McBride's view of theft (versus copyright infringement) to task. Instead, Young reaffirms McBride's conflation of theft and copyright infringement and seriously mistakenly summarizes RMS' ideas.

    Consider this part from Young's letter:

    Secondly, no one is arguing against copyright. Everyone agrees intellectual property, from trademark law to copyrights and patents, is a good thing.

    Ok, so maybe Richard Stallman of the Free Software Foundation, the inventor of the GPL license, thinks it is not a good idea to copyright software. But even Richard thinks copyright has its place to enable authors to earn a living. Free markets are not so fragile that a new idea like the GPL can threaten them. The only thing that can threaten free markets in a democracy is fear. Fear can cause well-meaning governments to enact flawed legislation. The kind of legislation the DMCA represents. The DMCA is the equivalent of trying to stop break-and-entry of homes by making screwdrivers illegal. Breaking and entering should be illegal. Allowing honest citizens to own innocent tools that evildoers might use to break and enter must remain perfectly legal. It is the crook who should be sent to jail, not the tool nor the owner of the tool.

    Everyone does not agree that "intellectual property" is a good thing. RMS, for instance, has said that he has no opinions on "intellectual property" except to point out the misleading consequences one arrives at from using the term and how it prejudices one's thinking to treat disparate areas of law like property. RMS has opinions on patents, separate opinions on copyright, and separate opinions on trademark law. RMS does not mix up his ideas into one jumbled whole called "intellectual property".

    Furthermore, I have never heard nor read RMS say "it is not a good idea to copyright software" nor does young provide a source for this summary. RMS is against patenting algorithms used in the creation of computer software and most software programmers I've met are in agreement with him because so-called 'software patents' do such a profound disservice to their work. As RMS points out in his critique of the term "intellectual property", copyright and patents are not the same, in fact they differ more than they are alike. Copyrights and patents aren't acquired in the same way, they don't last for the same length of time, they don't cover the same things, policy concerning these two disparate sets of laws aren't governed by the same office, and defending against copyright infringement is not at all the same as defending against patent infringement. But you can see how someone who believes "[e]veryone agrees intellectual property, from trademark law to copyrights and patents, is a good thing" would arrive at such a mistaken conclusion about RMS' ideas and whether these laws are well received.

    With respect to the term of copyright, Young notes that "[t]he Supreme Court case that you [McBride] misrepresent in your latest open letter demonstrates the Justices think too much of a good thing may no longer be so good" but doesn't understand how he is (in the FSF's words) "making an appeal to authority...and misrepresenting what the authority says" by talking about copyright infringement as theft.

    If we accept the idea that property and ideas and expression are all one and the same, we allow ourselves to deny that new ideas are built on old ideas (or more generally, the future is built on the past). The limits of copyright law look very wrong and we champion the same goals as the Bonos and we buy into the hypocrisy exhibited by the Disney corporation. Then we lose the argument we are struggling to make with legislators.

  28. Re:Don't know about SCO but SCUM I do speak for by IM6100 · · Score: 1

    The acronymn SCUM is already taken. It's the name of the Society for Cutting Up Men, and there's a SCUM manifesto. It's a radical lesbian seperatist group. Sorry, you're a few decades too late. Pick another acronymn.

    Unless you're an angry dyke with a knife, of course.

    --
    A Good Intro to NetBS
  29. heh. by pb · · Score: 1

    Too bad that statement is at best misleading and at worst entirely false... note the "over the 20 years" part--the Founding Fathers never intended copyrights to last as long as they do now; it was supposed to be a limited grant, limited as in less than 30 years (and even that, only after an extension, for which the original copyright holder would still have to be alive).

    --
    pb Reply or e-mail; don't vaguely moderate.
  30. Different situation by HangingChad · · Score: 2, Interesting
    Linux and SCO aren't producing competitive products. Linux isn't really even a product as much as a community.

    If I were really cynical I might suspect the timing...just before MS was making a big push to roll out 2003, as the IT industry was coming out of a 2 1/2 year stretch where many companies were not buying much of anything, just as NT is getting near the end of its life cycle. You have to admit that questions arising about Linux IP purity and a potential liability scare right at this particular time was really convenient for MS. Likely just coincidence, but a mighty handy one all the same.

    Fortunately it hasn't done much of anything to stall the advance. At this point trying to stop Linux is like trying to stop the wind. The code is out there in so many places in so many flavors, in so many countries that don't give a crap about US copyright law in the first place. The switch is on. SCO is little more than side show entertainment. What my grandfather would've called a fart in a whirlwind.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  31. OT? Notice the MS UNIX tools ad by Ricin · · Score: 1

    With the slightly pissed off guy. "Use your UNIX skills on NT". It always pops up on every SCO story I've read. Always.

    Surely something with chaos theory.

    1. Re:OT? Notice the MS UNIX tools ad by jelle · · Score: 1

      It shows me an ad for OSDN devchannel.org. Maybe you're using windows and a spyware program on your computer is replacing the ads?

      Why not boot a mepis (debian) live CD, and try again?

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
  32. Iceland? by bstadil · · Score: 1
    Outside of say Iceland he is generally correct.

    Iceland gained independence from Denmark following WW2. Now look at Denmark, The oldest Kingdom in existence and it has always been independent.

    Only country in the world, with that record.

    --
    Help fight continental drift.
  33. Announcing... by herrvinny · · Score: 4, Funny

    Announcing... (drumroll)

    SCO Countdown

    Countind Down To The End Of This fiaSCO!

  34. malcontent in the fog by Doc+Ruby · · Score: 1

    Even foggy England's government is substantially different from its form in 1784. Some of the changes were "revolutionary", as the Prime Minister is clearly in charge, even when the monarch doesn't like it. While the American changes since 1784 have been, by design, evolutionary.

    --

    --
    make install -not war

    1. Re:malcontent in the fog by Anonymous Coward · · Score: 0

      So, name ONE time after 1688 when the change in the UK was revolutionary? Name ONE time when normal procedures were not followed to change things.

      You can't. Get off your high horse and accept that the UK has the oldest stable government of any of the major powers, by nearly 100 years.

    2. Re:malcontent in the fog by Tony+Hoyle · · Score: 1

      The US govt of 1784 is totally different to the one of today too... Back then practically nobody could vote except a few landowners, for example.

      Just because a government has evolved does not make it substantially different.

    3. Re:malcontent in the fog by Doc+Ruby · · Score: 1

      Get out from behind your Anonymous Cowardice and read my post, where I put "revolutionary" in quotes to indicate a connotative meaning, of 180' change. I suppose you must not be hiding out in England, where this quirky little language was invented. Compare the US & UK governments of 1784, and now - which has continuity, and which is a total update? Be proud that the inventors of American Democracy were British. Stop whining and get back to work on keeping democracy itself alive in these tyrannical times.

      --

      --
      make install -not war

    4. Re:malcontent in the fog by Doc+Ruby · · Score: 1

      The US government has a "revolution" every 4 years, to keep it stable and consistent. One of the biggest changes was the bundled election of President and Vice President. And adding nonwhites, then women, then some teenagers to the voting rolls. These are tweaks to the government, made through the structure of the government. The next change should be the dismissal of the Electoral College, and the US government will remain effectively the same. That's how acceptance of change is the only way to survive it.

      --

      --
      make install -not war

    5. Re:malcontent in the fog by DavidTC · · Score: 1
      Except that whole 'Federal government seizing quite a lot of power from the states' during the Civil War thing.

      Wait, I forgot, we're supposed to pretend that the country was designed that way from the start.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  35. How could our founding fathers forseen this? by TyrranzzX · · Score: 2, Interesting

    This makes me wonder. Did the ancient tribes of man know about metal instruments? Would they understand guns, or explosives, cities, or genetic engineering? Did the egyptians know why their bronze swords would break when hit by the iron swords of their invaders?

    Did mideval kingdoms have running water, magic lights, gunpowder or even the understanding of this? Could all of our founding fathers known that technology would develope so rapidly in 100 years? Fuck no, but they certainly knew how the egyptians viewed iron swords, how samarai viewed gunpowder and how the indians viewed cities. Because of this, they were wise, and from this wisdom they were able to draft a bill of rights. When a goverment begins to go downhill, it's because these rights have been violated.

    It's not hippie rhetoric, it's no fundementalist anarchism or socialism, and it isn't a fools game. Because we have the internet and access to more books and media than ever before, we can become, and some are, smarter than they are. You can view a political debate 2 ways; a logical system much like any router or electrical equipment that must be balanced and mouled to certan rules, or you can view it as 2 gods fighting over a bunch of ants. If you believe the ladder is going on, you are an idiot. If you can understand the former, you have a brain and you use it. There's your litmus paper test.

  36. how on earth does a person misspell "open"? by Anonymous Coward · · Score: 0

    Look, it's pretty much accepted that nobody on Slashdot uses a friggin' spellcheck, and long-time readers simply ignore the misspellings. But come on...misspelling "open"...how do you do that? Segment, hundreds of horrible spellers on Slashdot bow down before you, Sir.

    1. Re:how on earth does a person misspell "open"? by segment · · Score: 1

      it was done on purpose jackass to make fun of SCO's CEO or did you miss the mispelled Leter/Letter too?

    2. Re:how on earth does a person misspell "open"? by Anonymous Coward · · Score: 0

      Now, either you have an anger problem, or I don't get why somebody who mistook humor for a very improbable typo suddenly becomes worthy of the title "jackass".

      Viewers, please press button "A" for anger problem, and button "B" for me being a jackass too.

  37. MadDog mistates... by Seth+Cohn · · Score: 5, Informative

    Hall writes: ".. GPL does not allow a company to take the software created by the sweat and work of another person, add a few lines of code to it and then sell it to make a huge profit."

    In fact, the GPL _does_ allow this. There is no restriction in taking a GPLed piece of code, adding lines of code (or not) and then selling it to someone for $X dollars. (1 Jillion Dollars! finger to corner of mouth). In fact, it's completely allowed so long as the buyer recieves the _same_ GPL rights (and source on demand). Why someone would purchase a GPLed product (sans support or other value added) for such an amount is another question, but in fact, a number of people out there do just such a thing, including with code that the original author has changed license terms on and no longer provides GPLed code themselves. Once a GPLed copy is out there, it's out there. Which is a good thing. Despite SCO's claims.

    [Major market players such as Mandrake began by 'adding lines of code' to existing products such as Red Hat.]

    --
    Help achieve Liberty in your lifetime - join the Free State Project - http://www.freestateproject.org
    1. Re:MadDog mistates... by taj · · Score: 2, Insightful



      MadDog understands the issues as well as anyone. When he says "take the software" he is implying violating the intent of the GPL.

      Certain companies, for instance, have been caught trying to distribute modified Linux kernels with networking equipment and not offering the source to kernel developers that both purchased the products and developed the original code in question.

      In this context, you can not take the code, add a few lines and then sell it to make a huge profit.

    2. Re:MadDog mistates... by Anonymous Coward · · Score: 0

      (1 Jillion Dollars! finger to corner of mouth)

      an austin powers reference. good one. 1999 called. they want their cliched jokes back.

    3. Re:MadDog mistates... by Anonymous Coward · · Score: 0
      "1999 called."

      Do numbers have phones now too? I guess that it is no wonder that we are running out of telephone numbers.

      Note: This is not the eighties anymore. Being cynical is not hip, especially when your attempt at sounding smart by being cynical about an old joke is neither original nor a demonstration of superior intellect.

      Ok, so now it is time to make something of it and take this outside. Go ahead, take the first shot. Find the typo or grammar mistake in my post, or just call me an asshole, stupid, or something.

      ...



      And see if anybody cares.

    4. Re:MadDog mistates... by Anonymous Coward · · Score: 0

      omg roorofoorfllollololl

  38. Disclaimer.. by herrvinny · · Score: 1

    I'm a full blooded American, and I've always heard the second version of your story. It was always the wise king vs. the greedy/favor-grubbing courtiers. It was taught to me in elementary school, as a reason to always be truthful, so nobody could pull a similar trick...

  39. I'll tell you what it is by Ricin · · Score: 2, Interesting

    A statement "by an elder". That's what it is.

    And it's exactly the card that SCO is mostly playing, to get trenched in (former) bigshots to dilute the debate -- and that's only the debate on *this* side of the fence, on the other side I'm sure it goes quite differently and with lots of chuckling -- and step by step get more of their reasoning accepted or refuted quickly and then looked over, thus effectively accepted by the journaille.

    The devil indeed is in the details. So they tell you to discuss details. Get it? They do. Not that that'll save them in the end. But surely they get that as well. This is their finest hour, or well at least Kevins ;-)

  40. It is official; Netcraft confirms: SCO is dying by Anonymous Coward · · Score: 0

    One more crippling bombshell hit the already beleaguered SCO UnixWare community when IDC confirmed that SCO market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that SCO UnixWare has lost more market share, this news serves to reinforce what we've known all along. SCO is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

    You don't need to be a Kreskin to predict SCO's future. The hand writing is on the wall: SCO faces a bleak future. In fact there won't be any future at all for SCO UnixWare because SCO is dying. Things are looking very bad for SCO. As many of us are already aware, SCO UnixWare continues to lose market share. Red ink flows like a river of blood.

    SCO has lost 93% of its core developers. The sudden and unpleasant departures of long time UnixWare developers L. Ron Hubbard and Joseph Smith only serve to underscore the point more clearly. There can no longer be any doubt: SCO is dying.

    All major surveys show that UnixWare has steadily declined in market share. SCO is very sick and its long term survival prospects are very dim. If SCO is to survive at all it will be among OS dilettante dabblers. SCO continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, SCO is dead.

    Fact: SCO is dying

  41. Why did SCO let employees contribute to Linux? by harlows_monkeys · · Score: 4, Insightful
    Linux directly threatens SCO's core business, and that should have been obvious to SCO a long time ago.

    So...why the heck did SCO allow employees to contribute to Linux? That seems massively stupid.

    1. Re:Why did SCO let employees contribute to Linux? by iggymanz · · Score: 2, Insightful

      SCO was making Linux its core business; what's stupid is they derailed their own train. Could have provided a solid path with support & consulting services for migrating from Unixware/OpenServer to their Linux distribution. Instead they chose lawsuits for profit. Well, we'll see what this gets them, I predict January will be not a happy new year in SCOsville.

    2. Re:Why did SCO let employees contribute to Linux? by taj · · Score: 1


      Linux was never a threat to their core biz. They IPO'd as a Linux company.

      Their mistake was they lost the trust of those who would be purchasing their services. They had some great people and could have made a nice clean play on Linux but like it or not, they always had that odor lingering that suggested they would revert to SysV mentality.

      Their second mistake was to taint the reputation of their unixware/open unix with the litigation. No matter how many times they change their name now, purchase decision makers will get a snarl on their lip everytime they talk to someone from SCO.

      The takehome for purchase decision makers now is "if you sign something with SCO they _will_ use it against you."

      In a different outcome, Novell + SCO would be a big comeback play.

  42. Bluesnews.com by Von+Helmet · · Score: 1

    The site to read when you want to see whatever was on Slashdot 48 hours ago.

    1. Re:Bluesnews.com by pr0c · · Score: 1

      I love huge ads and 900 cookies. Nice site.

  43. SCOX looking for new director by Anonym0us+Cow+Herd · · Score: 4, Interesting
    I saw this on Groklaw earlier today, and nobody has mentioned it here.

    SCO now has the following job openings available...
    • Director of Investor Relations (posted 21 Nov)
    • Executive-Assistant, Investor Relations (27 Oct)
    • Internal Auditor (21 Nov)
    • Director of Financial Reporting (8 Dec)

    Now pay attention to the date on that last job opening. That is Monday following SCOX's 5-Dec lame oral arguments.

    Why suddenly is this position vacant? Some theories...

    • Are they looking for a more compliant director who will report to the SEC what they want reported? Maybe not, the new position says that the person must be familiar with the Serbanes-Oxley act of 2002 (passed after Enron) which makes the CEO have to sign SEC statements and be criminally liable for misstatements. (So was the last Director of Financial Reporting unaware of this?)
    • Does this have anything to do with SCO moving their financial results from Dec 8 back to Dec 3 to be before the lame Dec 5 oral arguments, and then suddenly delaying the results to Dec 22 due to "internal audit problems"? I thought one of the investors said that they need an external auditor?
    • Is Darl trying to book the recent $50 Million investment as "revenue" so that he can get his 4th and 5th profitable quarter? (Background: Darl gets a big golden parachute if he pulls off four profitable quarters, and he needs a fifth in which to dump his stock before the house of cards collapses.) It seems like SCO's recent "revenue guidance" suggests something in the 22 to 25 million range for this and next quarter. (Am I mistaken here?) For the benefit of those slashdotters who cannot add, this and next sounds to me like they add up to about the $50 million.
    • finally, another theory would be connected to rats and sinking ships
    • Maybe looking for a fall guy?

    So, if you're out of work and qualified, a great career opportunity would be to work at SCO!



    Director of Financial Reporting and SEC/GAAP Compliance Requisition# 40238


    http://www.sco.com/company/jobs/
    Type: Exempt
    Posted 08 December, 2003

    Location: Lindon, UT

    Department:

    Reports To: Controller
    Apply Now

    Job Description:
    Responsible for the financial reporting of quarterly and annual results in accordance with SEC rules and regulations. Responsible for the filing of registration statements and other periodic filings as required. Duties will include the drafting and review of quarterly reports on Form 10-Q, annual reports on Form 10-K, periodic reports on Form 8-K, as well as assist in the preparation of registration and proxy statements and any other filings. Other responsibilities will include the monitoring of the Company's compliance with current SEC, FASB and other regulatory literature that pertains to accounting and financial reporting. This position will also lead the Company's effort on maintaining an effective system of internal control, and ensuring the internal control structure is in compliance with the requirements of the Sarbanes-Oxley Act. Additional special projects will be given on an "as occurring" basis.

    Job Responsibilities:

    Financial reporting of quarterly and annual results in accordance with SEC rules and regulations Filing of registration statements and other periodic filings as required Drafting and review of quarterly and annual reports Assist in the preparation of registration and proxy statements and any other filings Monitoring of the Company's compliance with current SEC, FASB and other regulatory literature that pertains to accounting and financial reporting Additional special projects will be given on an "as occurring" basis.

    Job Requirements:

    Masters degree in accounting and experience as a manager with a public accounting firm and a minimum of 8 years accounting experience. Extensive financial reporting experience

    --
    The price of freedom is eternal litigation.
    1. Re:SCOX looking for new director by Anonymous Coward · · Score: 0

      Wow, now _that_ is an eye-opening look behind the scenes of the SCO boardroom.

  44. Re:Frosted by Anonymous Coward · · Score: 0

    You should see a doctor. It should be warm.

  45. Finally ... some important insight by Tacoguy · · Score: 5, Interesting

    Relevant SCO info seems to be coming from Groklaw. Even technical info that seems more suited to be coming from readers of /.

    Some very interesting aspects of timing of efforts by Mr. Aivazian that include the following:

    "It seems everything Mr. Aivazian does works together. If SMP or vmalloc.c doesn't work, the microcode update feature might fail, so he works on SMP and vmalloc.c. If either SMP or microcode update is crashing, he needs to know why, so he works on the debugger."

    First of all I am damn impressed that anyone can over-ride a processor microcode !

    The debugger is equally impressive. If you can't find why it breaks, ya can't fix it.

    This is very credible and just might sink SCO's claims altogether.

    TG

  46. Gee, if only there was a way to avoid reading it by Anonymous Coward · · Score: 0

    nt

  47. Admiral Yamamoto's words seem relevant by puzzled · · Score: 1


    After the successful initial attack on Pearl Harbor Admiral Isoroku Yamamoto uttered this famous line:

    "I fear that we have awakened a sleeping giant
    and filled him with a terrible resolve"

    I'm sure the people at SCO who actually work on the product understand what is happening in the same fashion that Yamamoto understood the value of the attack on Pearl Harbor.

    Perhaps the stock price of the Imperial Japanese Navy was quite high on December 8th, 1941, but the owners of SCO stock can charter a ship and drop their worthless certificates at Midway, the Coral Sea, or somewhere in the Leyte Gulf. We all know how this one is going to end

    http://www.geocities.com/Pentagon/Bunker/4929/im ag es/Mikuma_sink.jpg

    http://www.geocities.com/Pentagon/Bunker/4929/im ag es/Hiryu_Midway_afire.jpg

    http://www.geocities.com/CapeCanaveral/Cockpit/5 52 0/japan/hiryu1.jpg

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:Admiral Yamamoto's words seem relevant by AMystery · · Score: 1
      "I fear that we have awakened a sleeping giant and filled him with a terrible resolve"
      Actually that was just in the movie and was placed there to give an uplifting conclusion because they feared otherwise it might not play well to an American audience. Its become part of folklore now of course.
  48. MAN! I thought Goatse was bad... by Anonymous Coward · · Score: 0

    Tubgirl is nauseating!!

  49. Beyond AC by Tokerat · · Score: 1


    My comment or his?

    Both?

    --
    CAn'T CompreHend SARcaSm?
  50. Didn't know the PA was Zionist. by DAldredge · · Score: 1

    Since I got that from a study the PA did on it's own finances does that mean the PA is a supporter of Zionism?

    1. Re:Didn't know the PA was Zionist. by Malcontent · · Score: 1

      " Since I got that from a study the PA did on it's own finances does that mean the PA is a supporter of Zionism?"

      No. The reason you are a supporter of zionism is because you only choose to advertise that fact in your signature not the horrible and cruel things Israel does to the palestenians. Sure Arafat is a thief and terrorist but sharon is no better. In fact Israel is holding on to more the 300 million in taxes collected from palestenians which it's supposed to give back.

      Both the israeli govt and the palestenian govt are despicable entities who have chosen to try and torture their enemies in the slowest most painful way possible while steadfastly refusing to find a peaceful solution to their problems.

      This is what happens when you let God decide your foreign policy.

      --

      War is necrophilia.

    2. Re:Didn't know the PA was Zionist. by DAldredge · · Score: 1

      Damn it. It pisses me off that people on your side of this debate appear to equal to do nothing more than name calling when the issue of the PA doing ANYTHING wrong is brought up.

      If you really cared you would be pushing/calling for the ouster/trial of Arafat for stealing so much money from a people that desperatly need the money. But since it is easier to dismiss negative info against the PA as zionism, well, let us just say that you and your acid trip inspired world view can just go to hell.

    3. Re:Didn't know the PA was Zionist. by Malcontent · · Score: 2, Insightful

      "If you really cared you would be pushing/calling for the ouster/trial of Arafat for stealing so much money from a people that desperatly need the money."

      I am all for it. I also believe that Sharon should be tried for war crimes. Let's do both. Let's arrest and try both Arafat and Sharon. Let's crack down on hamas, kill and arrest their leaders and at the same time let's dismantle all the settlements, tear down the fence, and give the palestenian people the freedom they deserve.

      You are the one that's one sided. I do not dismiss anything the PA does but neither am I willing to give the Israeli govt a pass.

      A civilized nation eventually makes the people it conquered citizens. The US did this, Russia did this, and China did this. If you gain ground in war then eventually you must assimilate the people you have conqered. The palestenians are the keep of the Israeli govt. Israel should annex the terrorotories as spoils of war and give full citizenship to everybody living there. That's how civilized nations act.

      --

      War is necrophilia.

  51. I read the article BUT by cluge · · Score: 1
    You'll notice that the entire point is that Groklaw has now established these contributors had policy/supervisor approval.


    That doesn't mean that SCO won't claim otherwise, or claim that the person that authorized such contributions didn't have the authority to do so. Lets face it, it's not like telling a falsehood is a problem for SCO. That is my point from the first post albeit not well made. I assumed everyone had read the article and would infer that I was impying that SCO would lie about the companies past contributions :) - I posted too quickly -

    Angry People Rule

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    1. Re:I read the article BUT by Anonymous Coward · · Score: 0

      Actually, that's not at all what you said or even tried to infer in your first comment. You made an honest mistake, why can't you admit that?

  52. The SEC doesn't care. by DAldredge · · Score: 1

    As show in the Sunpoint Securities (SNPC) case, the largest brokerage failure in history (at least till June 2000) they don't really DO anything. They still haven't brought the person responsible for this to justice.

    From http://www.sipc.org/release4.html

    A record payment of $31 million from a special reserve fund authorized by Congress to help investors at bankrupt brokerage firms is being used to restore stocks and cash that 9,738 investors lost due to theft at Sunpoint Securities, a Longview, Texas-based firm, officials at the Securities Investor Protection Corporation (SIPC) announced today.

    "This case, which is the most expensive in our history, illustrates in vivid terms why it is that SIPC is the investor's first line of defense in the event of brokerage bankruptcy," said SIPC President Michael Don. "The cost of $31 million to SIPC reserves meant that nearly 10,000 individuals had their accounts restored nearly immediately without regard to whether the authorities will ever recover the stolen funds."

  53. s/1972/1792/; by jelle · · Score: 1

    1972 -> 1792. Sorry for the typo in the year. Obviously Thomas Jefferson didn't live in the nineteen-seventies...

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  54. SCO slashdoted now and they calling it a DDoS. by Anonymous Coward · · Score: 0

    wow :) I accidently slashdoted SCO with the above link and now they are calling it a DDoS attack.

    SCO Denial-of-Service Attack, Take Two

  55. discovery: another SCO programmer by nighty5 · · Score: 1
    "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel."

    you mean, there is 3?!?!?

  56. counter sue? by ClimbNorth · · Score: 1

    Isn't it time someone stepped up to the plate and turned this mess around on SCO? It seems to me their code is the one in question, and that they are infringing on the GPL. If they are comparing "their" code to GPLed code, and find that it's similar, wouldn't that suggest that they have been and are currently in violation of the GPL? Isn't this the main reason some consider the GPL viral? In the end, sco will lose everything.

  57. One more thing. by Malcontent · · Score: 1

    A brief visit to your homepage shows where your idealogy is at.

    --

    War is necrophilia.

    1. Re:One more thing. by DAldredge · · Score: 1

      Do you mean my /. profile page or sdrlabs?

      Because sdrlabs currently has just tmp on it.

    2. Re:One more thing. by Malcontent · · Score: 1

      I mean your /. profile.

      In it you slam the palestenians for supporting terrorist attacks and you slam Arafat for stealing money. You are one sided because you do not state percentages of people in israel who are for expanding settlements, mass arrests, curfews of hundreds of thousands of people, torture, destroying houses of relatives, forced expulsions, and firing missiles into crowded cities.

      I know that you are fully aware of the level of hatred that exists inside of Israel for palestenians and arabs just as I am aware of the level of hatred that exists inside of arab lands for israel. Because I am not a jew, arab or a muslim I can see both sides of debate. You can only see one side of the debate.

      I don't know the full details of your charges against Arafat but it does not strike me as being out of line. If he did have that much money under his control I imagine he tried to shield it from freezing by the Israeli or US governments. Maybe he did this as a result of being shelled by the Israeli army when they invaded his town and laid a siege to his compound. I do recall Sharon stating that he intended to kill Arafat many times. If I was arafat and sharon said he was going to kill me I would have believed him, wouldn't you?

      As I said before. Arafat is a terrorist. He should be arrested and tried under international laws. He should be jailed if he is found guilty. Same with Sharon.

      The ugly truth is that neither one of these people want peace and peace will not come as long as both of these people are alive. Furthermore peace will not come until both the israelis and palestenians learn to stop hating each other. The real danger is that after both of these evil people are gone even more hateful people will replace them. I can just see a world where arafat dies and the PA is replaced by hamas and sharon is replaced by netanyahu. Can you even imagine the bloodbath that will follow?

      --

      War is necrophilia.

    3. Re:One more thing. by DAldredge · · Score: 1

      The money that Arafat has HE TOOK FROM THE PA. It is money that should have been used to help his people, but it is being used by he and his wife for their PERSONAL NEEDS.

      He is a liar and a thief.

    4. Re:One more thing. by Malcontent · · Score: 1

      " The money that Arafat has HE TOOK FROM THE PA."

      OK. I understand that part.

      "He is a liar and a thief."

      OK I believe that.

      Now please post on your /. page all evil things that the isralies do too.

      --

      War is necrophilia.

    5. Re:One more thing. by DAldredge · · Score: 1

      I you wish to pay me I will do as you ask.

      If you would like my paypal account so you can transfer the money, please let me know.

      I eargly await your offer.

    6. Re:One more thing. by Malcontent · · Score: 1

      " I you wish to pay me I will do as you ask."

      Huh?

      I presume you want some money from me right? Why? Do you need money in order not to be a zealot? If I pay you money will your morals and ethics change?

      Here is my offer to you.

      Read a book or two on ethics. Learn compassion for other human beings. Understand that all humans deserve fair and just treatment.

      Make yourself a better person and stop listening to a hateful and venegeful god who is telling you that non believers are heathens who will end up hell and deserve to be killed at the hands of the righteous. Undestand deep inside your bones that God does not have chosen people, God did not promise you a plot of land someplace, God does not have a pre-ordained place in the pantheon for you.

      Last but not least. God does not approve of what a shithole the palestenians and israelis have turned the holy land into.

      --

      War is necrophilia.

    7. Re:One more thing. by Phragmen-Lindelof · · Score: 1

      I try to avoid debate on this issue but I am curious about the amount of money required for you to examine and report on/present the shortcomings of both sides.

  58. The Court System is only important for the U.S. by Scot+W.+Stevenson · · Score: 1
    One thing that the American Slashdotters might want to keep in mind is that this is an American-only problem. The German legal system has already made clear what it thinks of SCO's claim, and for some reason I don't think that China -- to take an obviously extreme case -- is going to give a wet firecracker about SCO wanting money for their versions. They'll just do a Bush and say that for reasons of national security, copyrights etc. can be ignored in information infrastructure.

    In fact, a lot of countries might be happy about SCO winning the case, because it would do bad things to Linux in the U.S., leaving them them to use high-quality software at a low price, while the U.S. has to pay through the nose for either Microsoft, OS X or SCO-Linux.

    Whatever the outcome, this will not be the end of Linux, just Linux U.S.A.. Everybody else is just going to go on as before.

    1. Re:The Court System is only important for the U.S. by bex+l · · Score: 1

      End of linux U.S.A? Have you forgotten that code is rewitable? All the developers have to do is know what code they need to rewrite and Linux is back in business. Yeah, if SCO win developers will have to be more careful about what they submit (especially one's that have access to propriety code) but I think Linux ending is a little radical.

  59. Re:Don't know about SCO but SCUM I do speak for by shadowcabbit · · Score: 1

    Unless you're an angry dyke with a knife, of course.

    Considering his link includes the goatse picture, it's not terribly unlikely.

    I prefer SCUMM anyway.

    --
    "Why Subscribe?" Good question...
  60. DDoS rather than DoS by Gnavpot · · Score: 1

    If you really want to compare ./-ing to DoS-ing, I think DDos (distributed denial of service) would be the correct term.

  61. Mod parent +1, Insightful. by Anonymous Coward · · Score: 0

    'coz that's the truth!

  62. Interesting phrase... by JamesP · · Score: 0

    they have discovered another SCO programmer

    Since when does SCO have programmers??? Ok, I guess they have at least one for each client...

    --
    how long until /. fixes commenting on Chrome?
  63. Ignorance and stupidity are quite excusable by falconwolf · · Score: 1

    Luckily in this case ignorance is no excuse!

  64. term limits of copyrights by falconwolf · · Score: 1

    Too bad that statement is at best misleading and at worst entirely false... note the "over the 20 years" part--the Founding Fathers never intended copyrights to last as long as they do now; it was supposed to be a limited grant, limited as in less than 30 years (and even that, only after an extension, for which the original copyright holder would still have to be alive).

    Thomas Jefferson himself said the term of copyrights, though he disagreed on copyrights at all, should be only 14 years later saying 19 years which should be within the writer's or in the case of patents the inventor's lifetyme. Thomas Jefferson's copyright term (fwd) features some letters between Jefferson and James Madison on copyrights.
  65. history of democrates, republicans, and Whigs by falconwolf · · Score: 1

    Here's a little bit of the history of political parties in the USA:

    WHIG PARTY

    Whig Party, hwig par'te, a POLITICAL PARTY in the United States during the second quarter of the 19th century, formed to oppose president Andrew JACKSON and the DEMOCRATIC PARTY. The term Whig came into common use in 1834, and persisted until the disintegration of the party after the presidential ELECTION of 1856. The anti-Jackson groups drew upon the political history of two revolutions, the American and 17th century English, for their name. In both cases the opposition to the king had called themselves Whigs. Now it was "King Andrew" Jackson who was the alleged tyrant.

    The Whigs' direct political antecedents were the National Republicans, the administration party during John Quincy ADAMS' presidency (1825-1829). They advocated a nationalistic economic policy (the "American System"), but were stymied by the rising power of the Jacksonians, who were thereafter called Democrats. Jackson's inauguration in 1829 began the period of National Republican opposition and prepared the ground for the coalition of political forces which formed the Whig Party. Henry Clay of Kentucky, and Daniel Webster of Massachusetts became the party's leading figures. Webster was more of a nationalist than Clay, as he demonstrated in his famed Reply to Hayne of South Carolina (Jan. 26-27, 1830). But both men urged a program of tariff protection, federally sponsored communication projects (internal improvements), continuation of the national bank, and a conservative public land sales policy--the "American System," much of which could be traced back to Alexander Hamilton's Federalist economic policy of 1791. This was a program with especially strong appeal to merchants and manufacturers whose business operations went beyond state lines. Clay made the president's veto of a bill to recharter the second Bank of the United States the key issue of the election of 1832, but Jackson easily won reelection.

    State sovereignty, not economic nationalism, was the idea which brought a significant addition to the ranks of those opposing Jackson. John C. CALHOUN of South Carolina broke his alliance with Jackson when he realized that he would not be the next Democratic president, and the split widened during South Carolina's attempt of nullification of federal tariff laws. Jackson reacted sternly to this defiance, giving Clay an opportunity to introduce a compromise tariff bill in February 1833. Calhoun approved the compromise and for several years acted in uneasy association with other anti-Jacksonians. Another source of recruits was the Anti-Masonic Party, particularly strong in New York and Pennsylvania. The stated purpose of this strange phenomenon in American history was to combat the supposed threat of Masonic power over judicial and political institutions. It also provided younger politicians with a convenient means for advancement. Among those Anti-Masons who became important Whig leaders were William H. Seward and Thurlow Weed of New York, and Thaddeus Stevens of Pennsylvania. With the addition of two more groups, antinullification states' rights Southerners and the so-called Democratic Conservatives, who opposed their party's financial policies after 1836, the Whig coalition was complete, but hardly united.

    Hard times following the panic of 1837 and the popularity of their candidate, Gen. William Henry HARRISON, brought the Whigs victory in 1840 over Jackson's successor, Martin VAN BUREN. The new Whig managers stole a turn from the Democrats by outdoing them in raucous electioneering during the "Log Cabin" campaign--the most tumultuous presidential campaign the nation had yet seen. (This was the formula for the only other Whig victory, that of Gen. Zachary TAYLOR in 1848). Harrison's death on April 4, 1841 (one month after assuming office), was especially disastrous for the party. John TYLER, a Virginia states' rights former Democrat, replaced him and vetoed a succession of key Whig tariff and banking bills. The frustrated Whigs read their pre

  66. MOD THIS UP!!! by Anonymous Coward · · Score: 0

    This is the kind of article the trolls on slashdot
    strive for. It is time for everybody to see this
    and admire.

  67. WTF, this has nothing to do with copyright!!!! by Anonymous Coward · · Score: 0

    Excuse my troll, but this is a contract dispute...ergo IBM violated its contract with SCO by using its secrets, which could only be derived by looking at Unix. The article establishes that SCO does not have clean hands in this CONTRACT DISPUTE. Two Points:

    1. The SMP code was a different and clean implementation than the SCO SMP and had NOTHING TO DO WITH SCO Unix.

    2. The contribution of SMP was not solely an IBM endeavor, it was also an endeavor which SCO actively pushed forward with major contributions by many other people. SCO claims that 'this could not have been done without ripping off Unix derivitive work from AIX'. This article refutes that. It calls into question the circumstances and natures of SCO's claims!

    This has NOTHING TO DO WITH COPYING DIRECTLY. But whether derivitive code from Unix was ported to Linux in violation of the SCO/IBM agreement. IBM has a clear, undisupted copyright to most AIX code, but contractual obligations which limit its use! This shows if there is any blame for Unix leakage SCO is as much to blame for this leakage as IBM and the claim that it originated from AIX is weakened. Therefore, there are mitigating circumstances which weaken SCO's claim substantially.

    You don't even realize it, but you already believe the SCO FUD about copyright being involved here. THIS IS NOT A COPYRIGHT DISPUTE, GET THAT INTO YOUR FUCKING BRAIN! This is the exact same kind of crappy understanding of the facts that lets SCO get away with demanding a $699 fee for stuff which they do not have an enforcable copyright or a copyright worth shit. I am sick of fucking morons being clueless to this, in spite of the fact that it has been re-hashed a million times on /. .

    Picard: Sloppy, damn sloppy!

  68. WANTED: Advert framed Wifi client software by emptybody · · Score: 1

    I would like to put antennas and a high speed link up and offer it to the public. However, now that I am recently unemployed I cannot afford this indulgence.

    I therefore am looking for software - like the old FreeAltaVista client - that can be used for a WiFi link.

    any suggestions?

    --
    comment directly in my journal
  69. thank you, by pb · · Score: 1

    That's a fascinating bit of information about Jefferson--by his reasoning, copyright terms today would still be no longer than 35 years or so, just based on our current life expectancies, and that the world belongs to the living, and not to the dead.

    Sorry you're dead, Thomas Jefferson; we could have used your help on this one.

    --
    pb Reply or e-mail; don't vaguely moderate.
  70. term of copyrights by falconwolf · · Score: 1

    That's a fascinating bit of information about Jefferson--by his reasoning, copyright terms today would still be no longer than 35 years or so, just based on our current life expectancies, and that the world belongs to the living, and not to the dead.

    Sorry you're dead, Thomas Jefferson; we could have used your help on this one.

    Yea, we could him now. Forget having terms last 'til after death, or even upto death. Having patents or copyrights last more than a few years does nothing to tolerate and encourage innovation and creation, which is why they exist. Having short term limits is what encourages these as a person has to keep creating whereas longer terms may do the opposite. Once they create a big hit they no longer have to create as even their grandchildren can continue to receive royalty payments. On top of that, they can also prevent others from using the original to create derivative works after several years or so has pasted. The only reason copyrights were extended was because Disney was about to loose it's copyrights on Mickey Moose and other charactors and movies and so Disney spread the oil and greased politicans palms.

  71. troll? by AmbyVoc · · Score: 1

    I'm sorry for being off topic here, but why is this post modded troll? I don't get it.

    The way I see it the guy is just a bit paranoid, more or less like me, but I've never been modded a troll.

    Couldn't it be possible SCO has planned this in advance? Although I sincerely think they might just have dug their own grave by doing so..

    - Voice of Ambience -

    --
    - Voice of Ambience -
  72. Re:One more thing. [totally OT] by SillySlashdotName · · Score: 1

    "God does not approve..."

    Ya know, I was in McDonalds the other day, and God came over and sat down and told me that he DID approve. Really interesting being, God - omnipotent and omniscient, ya know, all knowing and all powerful. Means God knows what is happening, and has the power to change what is happening IF GOD WANTED TO - so whatever happens MUST be what GOD wants, otherwise God would change what happens. Unless you want to argue that god doesn't know what is happening (there goes omniscient) or can't change what is happening (and there goes omnipotent) you are left with God knowing what is happening and allowing it to happen - for his own purposes...

    Where were you when God personally sat down with you and talked about what was approved and what was not? Or are you saying what YOU THINK, or what SOMEONE ELSE TOLD YOU TO THINK?

    My suggestion would be to read the bible - not as a religious, "word of God", divine revelation, but as a compendium of SUGGESTIONS for being a better person.

    "Learn compassion for other human beings"

    "Do unto others as you would have done unto you."

    Understand that all humans deserve fair and just treatment

    "judge not, least you be judged."
    "Do not bear false witness."
    "Honor thy father and mother."

    ...and stop listening to a hateful and venegeful [sic] god who is telling you that non believers are heathens ...

    I have been listening for a long time, and I only hear the voices of HUMANS telling others what THEY SAY GOD WANTS, THINKS, OR INTENDS. Most seem to have their own reasons for saying what they do, either money, power, or prestige. If people are so spineless, so compliant, so unthinking that they need SOMEONE to tell them what to think, then they should be more careful in who is chosen to do their thinking for them.

    ...deserve to be killed at the hands of the righteous.

    "Thou shalt not commit murder."

    Interestingly, there is no conditions on that if the bible is taken as a religious document. So where did the "unless they are abortion doctors" or "unless they don't believe as I do" or "unless they are heathens" get added on - and by what PERSON, as I don't see that in the bible anywhere?

    Perhaps the best advice - never yet taken by anyone (including me, as you can tell :) ) that I am aware of - is to stop telling others what, or how, to think or believe.

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  73. Re:One more thing. [totally OT] by Malcontent · · Score: 1

    "God knows what is happening, and has the power to change what is happening IF GOD WANTED TO"

    How about this.

    There is no God. If you don't buy that then try this. God does not care about you.

    --

    War is necrophilia.

  74. Question by Anonymous Coward · · Score: 0

    I'm curious about something, I read SCO's NDA and I'm not sure, but does it cover saying what parts of Linux absolutely are not being claimed as SCO IP? I mean I see clear through it that Confidential Information provided by SCO will not be disclosed. But it doesn't say anything about what is not shown. Probably can't circumvent things that way. Because of the circumstances. However one has to wonder.

    I mean if say I were to sign a NDA with MicroSoft to see some of their source code I could probably get away with saying. None of the source code shown me was in these parts of Linux or in Linux at all. (One would hope). And I haven't told you anything about what was shown me.

    But in this situation does the fact that someone would be telling you what's not there, equate to them telling you what is there and therefore violate the NDA?

    Just Wondering... I'm about as far from being a lawyer as is possible.

  75. Re:One more thing. [totally OT] by SillySlashdotName · · Score: 1

    Or even better -

    There is no way to tell if there is a God or not, but there is also no tangable evidence that there is a devine being. You are allowed to belive in anything you want.

    HOWEVER...

    You can belive the government is beaming messages into your head. You can believe in God. Both are irrational beliefs without proof and without the possibility of proof, but only one will get you committed to a mental institution - and I am not sure why the other does not as well - and through the same criteria.

    I still find it amazing the number of people willing to kill others over interpretations of a book that says "don't kill" (actually "don't commit murder"). Seems to be like fucking for virginity - someone doesn't get the concept!

    --
    Acts of massive stupidity are almost never covered by warranty. --me.