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AutoZone Granted Limited Stay in SCO Copyright Case
michael path writes "From Yahoo: Judge Robert C. Jones on Monday denied AutoZone's request to transfer its copyright case with The SCO Group from Nevada to a Tennessee court, but also granted a limited stay to the auto parts chain."
Man.. this is getting all so boring. It will just drags out for years. Wake me up just before SCO get crushed.
Friends don't let Friends use Internet Explorer.
Is it just me, or is Slashdot not quite with it when it comes to headlines? Maybe indepth karma-whoring, yes, but that incisive cutting edge newsbreaking is, well, sucking somewhat
Uhh, how exactly is this newsworthy? Are we that starved for stories?
The "stay" has very little power to it. It basically says that there will be no more major courtroom events for the next 90 days, meanwhile the discovery phase of the case is still ongoing and SCO can still try to peer into AutoZone's operations through that process. All we know for sure now is that it won't be going to trial nor be dismissed in the next 90 days, unless the judge doubles back on his own ruling which is also possible so... uhm, what does this tell us?
This is not any ruling on the merits of the case, nor a firm concurance with AutoZone's agreement with SCO's own request that the case be delayed until IBM v. SCO is settled. There's really not much news in this... but this is Slashdot where any action in the SCO lawsuit is reported.
Wake me when it's over...
SCO's principal argument in opposition to AutoZone's motion is that it will suffer irreparable harm if the case is stayed.
.... From the track record they have of suing people. And isnt it impossible for an almost dead company to suffer more harm ? Oh..I get it .. The SCO executives when looking for new jobs say "We almost won, but the court stayed the case and we suffered irreparable harm"
Well I thought they loved that
You can SCO to hell, SCO to hell and die!
Honestly, I think they are jumping the gun suing before the courts have ruled on their copyrights. I imagine AutoZone could countersue for extortion if SCO loses the copyright case. They should start the procedings now, maybe it would keep SCO in their place for awhile.
Make America grate again!
On one hand I dont want to see SCO win anything but on the other hand I wish autozone would burn. They decided to Corporate Restructure my father as a manager after working there for almost 20 years. Its a shame when you make more than your bosses boss........like I said while I dont like SCO, this case could not have happend to a nicer business.
Free Unix? Free Windows. http://www.reactos.com
Free IPOD's I'd recommend doing the ancestry.com one, you can cancel it right after you sign up. Use your junk e-mail address of course :)
According to Groklaw, this is not true. They say the issue of transfer is undecided. That is different than denied AutoZone's request to transfer.
"Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
The cow is an animal, a mammal, that God created to gives us two kinds of food that are suitable for consumption. The cow gives us milk for our coffee, and it gives us steaks for our dinner plates. The average American will consume the entirety of 3,500 cows in their lifetime, and drink 175,000 gallons of creamy milk. Vegans, or people that hate the flavor of cows, will eat the equivalent to that in soy beans and soy milk. Unlike soy milk, however, cow milk does not taste like nitric acid fumes. Cow milk is healthy. Cow milk helps us grow big and strong, and makes our bones like metal. Soy milk invalidates male hormones, kills sperm cells, and enlarges facial features. Cow milk prevents the onset of elephantitis, and is used by many emergency rooms around the world to treat snake bites and internal bleeding.
Cows by nature are huge! They are bigger than both your mom and dad put together. If you disagree with this, hide the cookies in your house. To be as large as they are, cows eat a lot of food, and exercise very little. Cows eat grass, hay, grains, and sometimes even other cows. Cows cannot run, and are easy prey for predators, such as elk, bees, and humans. The cow has no natural defense, other than screaming. What happens to all the food the cow eats? Shout it if you know it, kids! The cow defecates more than fifteen times a day, and it smells bad, but not awful.
That's gross, right? Fortunately, their bowel movements can be used as an alternative to fossil fuels like gasoline, kerosine, and diesel. So, this animal gives us a food, a drink, and a fuel. As anyone can tell you, a cow's skin can be made into leather jackets, backpacks, wallets, or chairs. It's blood can be used for paint. It's teeth are processed into pearls for girls jewelry. It's legs have been used as prosthesis for ages. It's eyes can be used for practical jokes because they are gigantic. Finally, their marrow can be used as a soap, or as an easily produced and addictive hallucinogen.
But how does a cow work, and how does a cow die? These are both very good questions. A cow works a lot like a human, or a bird. It has blood, brains, and guts, which function together to keep it from being dead. In the diagram you will see the most important parts of the cow. The unlabeled sections are mostly muscle and bones, which nobody even cares about.
It's ears are mostly for decoration. A cow can only scream, and that gets old after a while. It's eyes, however, are very important to it's daily function. They are attached to its brain, so it can see things quickly. A cow needs to see so that it can eat grass. On a windy day, grass will move faster than 170MPH, which a cow is forced to track, process, and snatch with it's mouth. Sounds hard, doesn't it? It is. A cow needs to be highly intelligent to do this. This is where the brain comes in.
A cows brain is attached to its intestine, so food can be processed and used efficiently to think of things. Scientists believe the cow is smarter than domesticated cats, dolphins, and dotcom entrepreneurs (even a cow realizes you can't make a profit by giving things away for free!). It's brain is frequently being used to do puzzles of it's own devising. Cows may look bored when you're driving in the country, but, in fact, they are having a lot of fun. It's still not as smart as a human, so it doesn't really mind being killed for food. Some may, but there is not much they can do about it.
If you're interested in the milk, that is perfectly natural. The milk is generated in the cows guts, and flows to a sack that is used for storage, called simply the juice sack. Milk builds up there, and if it's not released will hurt the cow really bad. Only female cows produce milk. Male cows produce something similar, but it is not fit for consumption (ask your parents). Anyhow, when it is quite clear that the cow has filled it's juice sack, some guy will come to de-juice it. In the diagram above, you will see the juice valve clearly marked. This valve is opened with an instrument inserted
SCO blows. Yes, we know.
Could we please have something mildly interesting, oooh, I don't know. Let's say someone has taken a WonderSwan colour and a WonderWitch development kit, translated all the software and manuals into English, posted plans on how to modify the WonderWitch cable to hook up to a serial port on an SGI Octane, developed the appropriate drivers and software for IRIX, and then after all that takes the time to provide all the documentation in HTML, PDF and Swahili. And then started working on a GP32->Wonderswan link cable and games to run on each system. Now THAT would be an interesting read.
Slashdotters, SUCK MY COCK.
HAND.
SCO-I hope they die...I hope they rot.
like the article mentions this all happened at the beginning of this week, groklaw had it on tuesday autozone stay pj commented all this with a somewhat different point of view but why not read it for yourself (in case you still care).
me, I still enjoy the show, watching them drown slowly...
605413? Yes, it's a prime.
As Geeks have known ever since this whole SCO debacle started, SCO's claims are bunk. But up until relatively recently, SCO has had artificially high stock valuation as a result of their insane Linux ownership claims.
About 1 year ago I tried to get approval for an options trading account so I could sell SCO short (ie make money when their stock drops). Unfortunately I didn't have sufficient liquid assets to get options trading approval from my trading company.
Well, now the rest of the world has caught on, sort of; SCO is still up about 150% from two years ago, but down about 75% from its high. I think there is still a ways to fall...they certainly deserve it.
---------------------
Freedom or Evil: Freevil.net
G. W. Bush says, "You decide!"
What I still can't understand is what is holding their stock price up? It's just refusing to stay below the $5 point. Natural floor value, my @ss!
Seriously, are there some big boys playing games here to keep them alive at the $5 level? For someone like Microsoft the amount of money required would be negligible, but if SCOX hits it's natural penny stock level, the lawsuit and company will be gone.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
Yeah, it seems that Yahoo News doesn't really understand what's going on here, does it?
It's pretty straightforward....Autozone was granted the stay, with 90 day review periods (just like the RedHat case). Their 90 day review takes place after the RedHat review because the Autozone case depends on the RedHat case being decided as well.
The transfer wasn't even discussed in depth because until the stay is lifted, it's moot.
Insanity is a gradual process; don't rush it.
AC comments get piped to
Back on Saturday there was a far more interesting Groklaw article discussing Red Hat's letter to the judge in their case. They lay out in clear detail the contradictory stories SCO has been telling in the different courtrooms across the country in an effort to convince her to lift the stay and let them smoosh SCO's Linux copyright claims into the mud. This, I think, is probably where we'll want to be paying some attention next.
And the brethren went away edified.
This is a big loss for SCO. Any case they bring against a Linux user is going to end up on hold like this. This totally derails their licensing strategy, because their threat to sue is now empty.
SCO may try harassiing AutoZone with discovery, but it won't work.
Of course, IBM might win its summary judgement on the copyright issue on August 8th. If that happens, the AutoZone and Red Hat cases will be unstayed. Those parties will presumably file for summary judgement and win..
Oh, yeah, that's what SCO wants, isn't it? This is twisted FUD coming from Yahoo, Yahoo now tied into the The Great Enterprise IM love-in?
They've went to the DarkSide.
You are being MICROattacked, from various angles, in a SOFT manner.
The press have screwed this one up, and Slashdot is parroting their line.
The judged stayed the proceedings. The only "limit" is that SCO were invited to file for a preliminary injunction while the stay is pending. Many read the invitation as "put up or shut up." It is a major reach to put any SCO-positive spin on this ruling.
I'd like to remind readers that USL vs BSDI was resolved when the court denied a motion for preliminary injunction.
Isn't it interesting that the editors modified the title of the Red Hat vs. The Ambulence Chasers story to remove the slur, but don't seem interested in correcting the mistake you mention (denied versus undecided), which completely changes this story's meaning.
(appologies to the guy i modded up in this story, now that the point will be revoked)
Keyboard not found.
Press F1 to continue.
A recording of the hearing (30 minutes, 29 MB) is at sco.petrofsky.org/autozone-2004-07-12.mp3 and www.users.cloud9.net/~terrapn/Courtroom%207D%20-%2 012-07-2004.mp3
I know the first URL won't survive much of a slashdotting, not sure about the second. Please mirror it somewhere better if you're so inclined. (No, this is not a bootleg recording. I obtained it from the clerk on Tuesday.)
Below are the notes I wrote on Monday after attending the hearing. One correction: at the hearing, the judge did not actually make any order on either motion, but my understanding was that in the aftermath of the hearing he would issue orders denying the motion to transfer venue and granting the motion to stay (with, as an exception to the stay, an opportunity for SCO to move for a preliminary injunction, and to conduct one round of discovery to attempt to support such an injuction).
No orders have yet been issued, so it's impossible to say *exactly* what they will be. The official minutes of the hearing were written on Wednesday, and are not yet available either, but the heavily abbreviated caption to the minutes is now showing on the court's (subscription-only) docket access site and reads like so:
dtd 7/12/04: CT Recorder: Lilia Abarca De Carter: Re: Hrg on mtn for stay (#10) & mtn to transfer (#9), ORD case is stayed for 90 dys, Ptys will be allowed disc as to issue of prelim injunct. Cnsl directed to prepare ord for CT sign. cpys dist
It appears that the court may be neither officially granting nor denying the venue change at this time. It appears that all the activity contemplated at the hearing (the preliminary injunction process and the submitting of letters every 90 days) will occur in the Nevada district, so my understanding is that the venue change has in effect been denied for now, but the court may revisit it when the stay is lifted, without the motion having to be made again.
Here are my initial notes, posted Monday at finance.messages.yahoo.com
Subject: Venue change denied, stay mostly granted
AutoZone's motion for a change of venue (to Tennessee) was denied. The case will stay in Nevada.
Judge Jones said he will follow Judge Robinson's lead and stay the case indefinitely, like the Red Hat case was, with the parties to send him updates on all the other actions every 90 days.
However, he will give SCO a chance to file a motion for a preliminary injunction to be in effect during the stay, and he will allow one round of discovery to facilitate such a motion.
That is, if SCO believes that it will be irreparably harmed during the stay, it may ask for an order that, during the stay, AutoZone is not to engage in whatever the harmful activity is. SCO will have thirty days to propound any discovery requests (interrogatories, document requests, or depositions) that are necessary for its preliminary injunction motion, and AutoZone will have thirty days to respond to them.
The case will be stayed indefinitely, pending other cases, regardless of the outcome of SCO's request (should it decide to make one) for a preliminary injunction, which would just describe what things (if any) AutoZone needs to refrain from doing until the stay is ended.
AutoZone asked the judge to reconsider the part about the preliminary injunction, pointing out that SCO has never sought a preliminary injunction (which has quite stringent requirements) against anyone, and that it's very difficult to imagine that SCO could show sufficient grounds for a preliminary injunction, because the only thing SCO wants with respect to the infringing conduct i
Red Hat Vs. The Lawyers
I guess 'The Lawyers' wanted the publicity more than 'The Ambulance Chasers'.
You are being MICROattacked, from various angles, in a SOFT manner.
It's kerosEne, you fuckwit!
Actually, yahoo doesn't say anything, except that Autozone requested a transfer. After that, there is not a single mention of it being stayed, granted, or denied. It is the submitter that is incorrect.
i can't read the word "stay" anymore. it hurts.
.. and they still may be buying more.
I'm still trying to figure out what people mean by 'social skills' here.
hey here is an idea - one of our former customers has started using a better product than ours.
Instead of trying to make a better product lets just sue them.
We are geniuses - wuaaahhhahahahhh!
-Darl & Bill
'nuff said :-P
But the IBM case isn't about copyrights; it's about a contract violation! SCO's complaint has nothing to do with a copyright claim involving Linux! IBM were the ones who dragged Linux into this!
(in the IBM case, they have actually said this.)
Old and inaccurate. There was no denial. A Yahoo poster attended and misunderstood what happened and the whole world picked it up.
See groklaw.com and other sites for accurate reporting.