FSF Subpoenaed by SCO

An anonymous reader writes "Bradley M. Kuhn on the FSF website: Late last year, we were subpoenaed by SCO as part of the ongoing dispute between SCO and IBM. Today, we made that subpoena available on our website. This is a broad subpoena that effectively asks for every single document about the GPL and enforcement of the GPL since 1999. They also demand every document and email that we have exchanged with Linus Torvalds, IBM, and other players in the community. In many cases, they are asking for information that is confidential communication between us and our lawyers, or between us and our contributors."

Comments

Look on the bright side!

[DrEldarion]

At least they got a check for $30 out of it!

St. Ignucius

[Chemicalscum]

Will RMS testify in his St. Ignucius costume.

Re:St. Ignucius

[jjeffries]

that's a costume?

I'm surprised?

[Tebriel]

Why didn't they ask for internet histories and newsgroup postings made as well? This sounds like they're grasping for straws when they don't even know what straw to look for. It sounds like harassment more than a subpoena.

Re:I'm surprised?

[happyfrogcow]

just print out every resulting page from a goodle search of GNU GPL Linux, including subsearches on images, groups, and froogle. also, print out any non english results by sending them through babelfish.

print all the results on 3x5 notecards, in 7 pt font. in binary. naw, binary would be too easy to scan and convert to digital with OCR. make it some crazy bubble letter font. any resulting images convert to ascii art. any froogle results, purchase them and have the sent Cost on Delivery to SCO Headquarters. Which by now is probably the backseat of a Pinto, about to blow up because they shut the door too hard.

Overburden them

[eyeball]

I say you should download every mail list, usenet archive, and online discussion group, then print it all out on 10,000 pages. Throw in RFCs and source code to bulk it up a bit.

Re:Overburden them

[dprovine]

I understand from my attorney friends that giving people a zillion documents is known as `papering them over'. A prosecutor of my acquantance tells me that well-designed subpoenas try to avoid the situation where you end up with 23 pallet loads of paper.

What that says to me is that SCO's lawyers have specifically asked to be papered over, so as to have lots more billable hours for the time spent reading all the irrelevant paperwork.

It's possible, in fact, that they'll bill for 500 hours of reading these papers when they don't bother to read any of it at all; how would SCO prove that they didn't do it?

Non issue

[Jailbrekr]

So lawyers are petitioning for confidential information from other lawyers, knowing it is confidential?

Why, preytell, have there been no petitions to have SCOs lawyers disbarred yet?

Re:Non issue

[sphealey]

So lawyers are petitioning for confidential information from other lawyers, knowing it is confidential?

Why, preytell, have there been no petitions to have SCOs lawyers disbarred yet?

Oldest trick in the book is to stamp every document you create "confidential attorney-client work product" and claim all your documents are immune to subponea.

So, when subpoea'ing, you ask for every document the other guys has. Then your lawyer and his lawyer agree on what is confidential, or if they can't agree, the judge decides (I am told judges despise litigants who can't come to agreements on that sort of stuff).

sPh

Legality, please?

[Khakionion]

IANAL, but is this legal? Don't they have to somehow prove that the documents they're asking for have some relevance to their argument?

Furthermore, what exactly is their argument? Is it still that Linux contains SCO code? How would documents about "enforcement of the GPL" prove existence of SCO code?

New docs out.

[Anonymous Coward]

Related docs which could make the subpoena irrelevant: Defendant/Counterclaim Plaintoff IBM's Memorandum In Support of its Cross-Motion for Partial Summary Judgement on its claim for Declaratory Judgment of Non-Infringement (phew).

Teaser.

[Anonymous Coward]

"SCO has advised the court that it has provided complete and detailed responses to the Court's orders. If that is true, then summary judgement is appropriate because SCO has no evidence of IBM's alledged infringement (as SCO has adduced none). If it is not true, then summary judgement is appropriate because SCO has not only defied two orders of the Court, but it has also falsely certified that it has provided complete, detailed and thorough answers to IBM's interrogatories and the Court's orders. Either way, the Court should forthwith enter summary judgment in favor of IBM."

Support the FSF!

[Henrik S. Hansen]

If we fight the subpoena, it means substantial legal fees associated with litigation. If we produce materials, it means substantial effort to gather the relevant documents. Even though we'll be reimbursed for the direct costs, the indirect costs in staff time will be ours to bear.

Now is the time to support the FSF, so they can fight this thing. It'd be awful if they had to give out private emails and other communication.

Become a member of the FSF and support them financially. (I am already a member). You can also send anonymous donations, or buy something from GNU Press.

Re:Past the deadline?

[happyfrogcow]

besides letting the free software/open source community know what SCO is stooping to? maybe the FSF lawyers told them not to release the contents of the subpoena until they were certain of any legal actions they had to take.

agendas maybe. not all agendas are bad.

Re:In many cases,

[Rakshasa Taisab]

Suing someone doesn't give you automatic Big-Brother rights. Especially if the stuff doesn't even remotely affect the suit.

Re:Nothing to hide?

[Romeozulu]

For the same reason that you don't let the police seach your house for no reason. After all, you have nothing to hide, what's the danger.

Re:Nothing to hide?

[SEWilco]

Uh. I would not, in fact, stop the local (Finnish) police from searching my apartment if they gave me a good reason for doing it and I had nothing to hide.

Can we search that computer for kiddie porn? You have nothing to hide, right? Call us in a month to see if our technicians are done searching, and where you can pick up your computer.

Have you ever been drunk? Can we take your liver so we can check?

Re:Yes.

[mcpkaaos]

I for one have never quite understood your paranoia about the government.

I, for one, have never quite understood why a person would blindly trust a faction of complete strangers who go to work every morning to make decisions on how you should live your life.