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Report Claims SCO Intends to Charge IBM with Fraud

An anonymous reader writes "Now it gets interesting. According to this report, it looks as if SCO is preparing to accuse IBM of fraud, and has even opened up a web site to counter the runaway success of Groklaw. SCO's expensive attorneys Boies and Silver are apparently going to file a motion asking the court to unseal most of the documents that are currently under seal, in the hope that certain of IBM's e-mails will be seen by the outside world to tell a story about AIX, Dynix, and Project Monterey that implicates IBM in, well to be blunt, fraud. Groklaw is certain to have its own distinct view about this latest development of course."

377 comments

  1. Hi... by leav · · Score: 0, Interesting

    Wasnt there a recent slashdot story saying that IBM did NOT have any sco code?

    i'm confused...

    -Leav

    --
    I own a pump action golf ball cannon. I made it myself.
    1. Re:Hi... by FurrBear · · Score: 4, Informative

      You can read the latest over at Groklaw. IBM's MIT computer scientist actually exists as opposed to $CO's mystery team.

    2. Re:Hi... by cshark · · Score: 1

      This is funny. If there was anything there, I might find myself rooting for them. But their claims just keep getting more and more outragious. Anything to stay in the papers... or at last Slashdot I always say.

      --

      This signature has Super Cow Powers

  2. Can't treally blame them... by Nos. · · Score: 5, Insightful

    They've got nothing, everything they do is getting thrown out of court, so they're going to try and blame IBM for that too. It will be nice to tell our grandchildren about this company named SCO that tried to profit off of others work.

    1. Re:Can't treally blame them... by TheSpoom · · Score: 5, Funny

      The way things are going now, our grandkids will just say, "But isn't that thing still going on?"

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    2. Re:Can't treally blame them... by niteice · · Score: 1

      You mean SCO plagiarism?

      --
      ROMANES EUNT DOMUS
    3. Re:Can't treally blame them... by Coneasfast · · Score: 2, Funny

      i can imagine it, Darl will still be ranting on about IBM in his old-folks home, while shaking his walking stick.

      btw, does he have any children to carry on his evil legacy? wouldn't want it to be a family tradition. :/

      --
      Marge, get me your address book, 4 beers, and my conversation hat.
    4. Re:Can't treally blame them... by nkh · · Score: 2, Funny

      Shaking his walking stick? more like crapping his pants, but he'll blame it on Linus.

    5. Re:Can't treally blame them... by Zorilla · · Score: 4, Funny

      btw, does he have any children to carry on his evil legacy? wouldn't want it to be a family tradition. :/

      Well, seeing that this guy is from Utah.....crap. It's going to be one biiiiiig family tradition.

      --

      It would be cool if it didn't suck.
    6. Re:Can't treally blame them... by Anonymous Coward · · Score: 2, Insightful

      company named SCO that tried to profit off of others work.

      That's capitalism for you.

    7. Re:Can't treally blame them... by Bob9113 · · Score: 1

      Typo Correction:

      It will be nice to tell our grandchildren about this company named SCO that tried to profit off of others work.

      Should Read:

      It will be sad to tell our grandchildren about one of the companies, named SCO, that profited off of others work and further catalyzed the explosive growth of IP lawyerism in the late 1900's and early 2000's.

      The pump and dump worked. The SCO executives took a 2 dollar stock and sold many thousands of shares at over 10 dollars.

    8. Re:Can't treally blame them... by cdrudge · · Score: 2, Insightful

      Leave his family, if there is one, out of it. Blast him in is professional role all you want. Call him evil, say he's a moron, say whatever you want about him...but leave those who have no other connection to the lawsuit other then a family relation out of it.

      It makes yourself look like an ass and brings no credibility to the anti-SCO supporters.

      And to the child post below, the same relies to religion as well.

    9. Re:Can't treally blame them... by Curtman · · Score: 3, Funny

      By then it will be:

      Five hundred beeeeeeeeliiiooon dollars

      Darl totally needs a minime too, if he does have children please let one of them be a midget.

    10. Re:Can't treally blame them... by Curtman · · Score: 0, Offtopic

      Who needs gmail invites?

      Here's one.

    11. Re:Can't treally blame them... by realdpk · · Score: 1

      The pump and dump worked. The SCO executives took a 2 dollar stock and sold many thousands of shares at over 10 dollars.

      The executives made small tons of money off of it, too, however what we don't know is how much the families and friends made. In another post someone said leave the families out of it -- I say, if the SEC is investigating, get 'em all.

    12. Re:Can't treally blame them... by Bayleaf · · Score: 2, Interesting

      Is it just me who finds it ironic that IBM, for whom the phrase Fear, Uncertainty and Doubt was coined for, now being portrayed as the good guys?

      --
      I might not be a wit, but at least I am more than half way there.
    13. Re:Can't treally blame them... by jbolden · · Score: 1

      We shall see. Many credible news organizations are not going to like being completely lied to. The Linux community is going to keep this case alive. IBM is perfectly capable of lobbying. There is a reasonable chance that the end of the decade we are looking at indictments. Darl ain't Ken Lay and he has bribed anybody on the food chain.

    14. Re:Can't treally blame them... by DeepHurtn! · · Score: 2, Insightful

      Is there anything surprising about that? Capitalism *depends* on profiting off of other's work -- do you think any employer would stay in business long if s/he didn't pay the employees less weath than they generated for the business? Generating more wealth from an employee than what you pay them is pretty much the *definition* of profit. SCO is not the exception, it is a natural result of this mentality.

    15. Re:Can't treally blame them... by GreyWolf3000 · · Score: 1

      No, this is capitalism for you.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    16. Re:Can't treally blame them... by belar77 · · Score: 1

      There is profit and there is greed.

      It always amaze me when i negociate a contract in my line of work and the guy in the other side cannot understand that we can both win from it.

    17. Re:Can't treally blame them... by southpolesammy · · Score: 2, Insightful

      If he has a family and they are living comfortably while Darl makes money by making false claims, then then it is possible, if unlikely, that there is a cause for complicity here. It's like being married to the mob -- you know what you're getting into when you get in, and that automatically makes you an accomplice.

      I will say though that if he has kids under the age of 18, then they should not be held accountable, but if they are 18+ and still benefitting from daddy's frivolities, then they are complicitous as well.

      --
      Rule #1 -- Politics always trumps technology.
    18. Re:Can't treally blame them... by island_tux · · Score: 1

      I just started using Linux and I don't know anything about these SCO Guys. Somehow they are already getting on my tits...:(

      --
      What Sig
    19. Re:Can't treally blame them... by cynic10508 · · Score: 2, Funny

      Well, seeing that this guy is from Utah.....crap. It's going to be one biiiiiig family tradition.

      And sadly, their minivan gets lodged in a winter snowbank. The resulting horror replaces the Donner Party in popular memory with the McBride Party...

    20. Re:Can't treally blame them... by Reteo+Varala · · Score: 1

      That's not capitalism. Capitalism is the profit off your own work. A real capitalist would compensate others for their work, and THEN make a profit from their own work (such as marketing and sales).

      Otherwise, it's either slavery or theft.

    21. Re:Can't treally blame them... by Zorilla · · Score: 1

      I was thinking more along the lines of their minivan driving over a banana peel, spinning off a cliff, while the whole family chants, "McBride rules! McBride rules! McBride rules!"

      --

      It would be cool if it didn't suck.
    22. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      What do you expect from Boies, the lawyer who represented Al Gore in Florida? Keep counting and re-counting until they get what they want. Thanks to our legal system, lawyers get paid when they run the meter.

    23. Re:Can't treally blame them... by Feztaa · · Score: 4, Interesting

      It's a totally different situation than you describe, though.

      yes, profitting off other people's work is the nature of capitalism. BUT, in a healthy capitalistic society, people are paid for their work. SCO is not trying to profit off the work of it's employees, it's trying to profit off the work of others, without paying them. Even that is ok sometimes (eg, redhat is allowed to make money selling the work of the linux kernel team), but SCO is trying to invalidate the GPL, steal ownership of the work from the people they haven't paid, and then make a profit off of it.

    24. Re:Can't treally blame them... by vsprintf · · Score: 2, Funny

      btw, does he have any children to carry on his evil legacy? wouldn't want it to be a family tradition. :/

      Yes, Darl has a wife and children, which proves two things: Females can also be afflicted by bad judgement, and it doesn't take intelligence to procreate.

    25. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      But, but, but... a "computer expert" told me a long time ago that this was all over. SCO said they were not going to sue anyone "END OF STORY"(His words)... Granted this "expert" also said never to use "SU" to become root when your computer is connected to the internet. You should always unplug your network cable first. Luckly, this dimwit is only getting paid $25/hour to teach other people how to use Linux and get Linux certification... I weep for the future of humanity. Yay STUPID PEOPLE!!

    26. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      You might want to explain what the Donner Party was for the Yanks that are to ignorant of their own history to know what you are talking about.

    27. Re:Can't treally blame them... by gujo-odori · · Score: 1

      No, it's not just you. As an ex-mainframer, like my father before me, I remember those days well. IBM's power over vendors and use of FUD against anyone they heard was even thinking about buying from a competitor was captured in the following two passages, well known among mainframers:

      "I BM, you BM, we all BM for IBM"

      "Nobody ever get fired for buying IBM."

    28. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      Eventually parents will scare their kids with "Be a good person, or you'll go to SCO when you die"

    29. Re:Can't treally blame them... by Lusa · · Score: 1

      Yes, Darl has a wife and children, which proves two things: Females can also be afflicted by bad judgement, and it doesn't take intelligence to procreate.

      Then we geeks still have a chance? Yippeeeee....

    30. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      And what yanks might you be talking about you fucking idiot? Has anyone here even shown that they do no know what the Donner Party was? You're just an arrogant bastard.

    31. Re:Can't treally blame them... by wes_pearsall · · Score: 1

      No need.

      It's only the important history we're ignorant of -- we have a long memory for the sensationalistic and the gory.

    32. Re:Can't treally blame them... by cynic10508 · · Score: 1

      You might want to explain what the Donner Party was for the Yanks that are to ignorant of their own history to know what you are talking about.

      I'm going to assume that you're not American since most Americans don't refer to themselves as 'Yanks'. So I'm you're saying, "You people in your country are ignorant of your own history." I'll take a guess that you'd have some venomous words if I were to say that about your nation.

    33. Re:Can't treally blame them... by CPNABEND · · Score: 1

      Screw that - "Cogito Ergo ZOOM" "I think, So I drive Fast!"

      --
      My wife doesn't listen to me either...
    34. Re:Can't treally blame them... by Destoo · · Score: 1

      Yankee

      To a non-American, an American.
      To an American Southerner, a Northerner.
      To a Northerner, a person from New England.
      To a New Englander, a person from Vermont.
      To a person from Vermont, someone who still uses outdoor plumbing.
      [E2 node]

      confirmed by M-W.
      1 a : a native or inhabitant of New England
      b : a native or inhabitant of the northern U.S.
      2 : a native or inhabitant of the U.S.

      --
      Nouvelles de jeux et technologies en français. TC
    35. Re:Can't treally blame them... by Destoo · · Score: 1

      You make it sound like it's a profession. Mainframer.

      I think that attitude came from the mandatory sock suspenders in the dress code.

      --
      Nouvelles de jeux et technologies en français. TC
    36. Re:Can't treally blame them... by Anonymous Coward · · Score: 0

      Yes, Darl has a wife and children, which proves two things: Females can also be afflicted by bad judgement, and it doesn't take intelligence to procreate.

      He probably threatened to sue her if she didn't marry him. Something to do with certain, uh, genetic samples that she "collected" showing up in "derivative works".

    37. Re:Can't treally blame them... by blengino · · Score: 1

      I'm going to assume that you're not American since most Americans don't refer to themselves as 'Yanks'. So I'm you're saying, "You people in your country are ignorant of your own history." I'll take a guess that you'd have some venomous words if I were to say that about your nation.

      But I'm american and I'm calling you yanks, on a lack of a better name.

      BTW America goes FROM Alaska to TIERRA DEL FUEGO.

      --
      Sorry about my bad english, isn't my natural language
      America starts in Tierra del Fuego and ends in Alaska
  3. Insult + Injury by Theovon · · Score: 4, Funny

    So, SCO insults the entire world of Free Software, and they think some stupid web site will generate some sympathy? Sheesh.

    1. Re:Insult + Injury by u-235-sentinel · · Score: 1

      So, SCO insults the entire world of Free Software, and they think some stupid web site will generate some sympathy? Sheesh.

      Unfortunately for SCO, their web site sucks. Doesn't look nice and clean as Groklaw.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    2. Re:Insult + Injury by Anonymous Coward · · Score: 0

      I notice there are no places to add comments on the SCO site.

      Odd that...

  4. McBride thinks he's on the World Poker Tour by Anonymous Coward · · Score: 0

    with an eight high hand.

  5. Fraud? by datadriven · · Score: 4, Insightful

    Isn't that the pot calling the kettle black?

    1. Re:Fraud? by Curtman · · Score: 4, Informative
      No kidding. My favourite part of the article was this:
      • IBM's premise started with asking the court to declare Linux free of any SCO copyright claims. ... asked Judge Kimball to rule that the widgetry IBM contributed to Linux didn't infringe on any claimed SCO copyrights. ... but darned if we can remember SCO ever charging IBM with that.


      Thats about the funniest thing I've read in a while. I had a heated discussion about this exactly a month ago. SCO spews drivel about copyrights to any news media that will listen to them anymore, then they have the gall to get up there in court and claim this has nothing to do with copyrights. Mcbride, the death bell tolls for thee.
    2. Re:Fraud? by Anonymous Coward · · Score: 0

      No its more like the Purple People Eater calling Barney Purple.

      As far as I can figure it.

    3. Re:Fraud? by Wavicle · · Score: 4, Informative
      Indeed. In fact, from SCO's own mouthpiece:

      4. As set forth in more detail below, IBM has breached its own obligations to SCO, induced and encouraged others to breach their obligations to SCO, interfered with SCO's business, and engaged in unfair competition with SCO, including by

      a) misusing and misappropriating SCO's proprietary software;

      b) inducing, encouraging, and enabling others to misuse and misappropriate SCO's proprietary software; and

      c) incorporating (and inducing, encouraging, and enabling others to incorporate) SCO's proprietary software into open source software offerings.
      Sounds like IBM's partial summary judgement would go a long way towards dispelling this favorite crank of SCO's.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    4. Re:Fraud? by einhverfr · · Score: 1

      This is the thing. IANAL, btw.... I don't think it matters.

      When I read SCO's original complaint, it seemed to me that SCO was publically talking about copyright but in court was trying to argue that IBM had not played fair wrt. Monterey. Their strategy has always been to tell the public one thing and the courts another in the hopes of driving up the value of their company in the eyes of investors.

      IBM's response was to pursue counterclaims wrt copyright infringement (GPL issues), summary judgement clearing Linux of copyright infringement issues, and contract issues involving contributing to Linux. The Monterey portion of the case could still be very much alive but is not in the focus of the court at the moment. Also IBM has launched counterclaims of patent infringement aimed at preventing SCO from continuing to distribute its enterprise products thereby preventing any other company from buying SCO....

      IBM's strategy has been, very shrewdly, I think, to attack the core of SCO's strategy. If the suit becomes simply a suit over fraud, then Linux wins because SCO loses their FUD ability. Personally, I have doubts about whether SCO could survive such a suit because they would lose their FUD factor and the prospects of SCOSource which is what has fueled the rise in their stock price since the filing of the suit. It is also true that Monterrey is tied to the Linux issue, so getting these things dismissed helps them on that issue as well.

      I think that it will be interesting to watch. SCO is losing pretty heavily at the moment.

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:Fraud? by Curtman · · Score: 1

      Interesting.. My guess was that this move by IBM was to get the court to specify that this has nothing to do with copyright, and therefor next time Darl shoots his mouth off, he slanders himself.

    6. Re:Fraud? by Curtman · · Score: 1

      I just wonder if SCO actually believes it. That Las Vegas roadshow last year was very interesting. (The one with the code shown in Greek font that turned out to be part of the BSD firewall code) I wonder if they honestly don't know what they are talking about.

    7. Re:Fraud? by einhverfr · · Score: 1

      Read their counterclaims... IANAL, but they basically accuse SCO of "tortuous interference" in making these allegations of copyright infringement....

      --

      LedgerSMB: Open source Accounting/ERP
    8. Re:Fraud? by Ohreally_factor · · Score: 1

      So you're agreeing with me now? =)

      If you're an avid reader like I am, you probably already read this, which pretty much demolished your argument that the case was merely about contracts and not about copyright.

      At some point, SCO realized how weak their copyright claims would be in a court of law, and tried to reframe their case. However, they believed they could still threaten and intimidate on the copyright issue outside of the courtroom, as if the court would be some how hermetically sealed, and that so long as they weren't pressing these issues in court, they were safe.

      This has always been about copyrights, no matter how SOC tries to to frame it in court. If it wasn't, why shouldn't SCO just go along with IBM on the partial summary judgement and declare linux non-infringing?

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:Fraud? by Curtman · · Score: 1

      So you're agreeing with me now?

      I don't know where you got that idea from. SCO simply doesn't own the copyright to RCU, NUMA, JFS, and whatever else it is accusing IBM of putting into Linux. Those were written by IBM, are owned by IBM, and its up to IBM what they do with them. SCO claims they have the right through the SysV contract to prevent IBM from contributing those - NOT that they own the copyright to them. Thats my argument in its entirety. What you got all upset about was when I said that SCO was saying one thing to the media, and saying something completely different in court. And thats precisely what that is all about.

    10. Re:Fraud? by Ohreally_factor · · Score: 1

      Funny, I remember you arguing that it was immaterial to do a "what if" SCO owned any copyrights to code in the linux kernal, because the case was not about copyrights.

      I also remember you saying that SCO never actually claimed to own any such copyrights, which was preposterous.

      However, as you've changed your argument, it now seems we are in agreement.

      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:Fraud? by Curtman · · Score: 1

      I remember you arguing that it was immaterial to do a "what if" SCO owned any copyrights

      No. What I said was its wrong to say what if SCO is correct in claiming they own the copyrights to IBM's code since that isn't what they are claiming. Thats what I've been saying all along. They are in a contract dispute with IBM, while spewing drivel about copyright to the media in order to confuse the issue. Occasionally they make outrageous claims about "someone" putting their copyrighted code into Linux, but that has nothing to do with the IBM case, and no basis in reality. They just never come out and say this is the code we own thats in the kernel, and these guys put it there. Until they do that, they're just attempting to create FUD.

      I also remember you saying that SCO never actually claimed to own any such copyrights

      Did they ever publicly claim to own the copyright on IBM's code? Not some undisclosed code that 'someone' put there (because they do that regularly), but the code in question in the IBM case.

    12. Re:Fraud? by Ohreally_factor · · Score: 1

      What I said was its wrong to say what if SCO is correct in claiming they own the copyrights to IBM's code since that isn't what they are claiming. [emphasis mine]

      If you want to start changing what you said, that's fine with me. I know it's impossible to get the pathologically stubborn to ever admit they're wrong. Just the fact that you've changed your tune gives me satisfaction enough.

      --
      It's not offtopic, dumbass. It's orthogonal.
    13. Re:Fraud? by Curtman · · Score: 1

      Whatever you want to believe. Thats exactly what we argued about for several days though. Want to go again?

    14. Re:Fraud? by t1m0r4n · · Score: 1

      When I read SCO's original complaint, it seemed to me that SCO was publically talking about copyright but in court was trying to argue that IBM had not played fair wrt. Monterey.> /P>

      I am glad you mentioned Monterey. Must say I didn't read all the dribble written, just searched for that key word after a few posts. Montery is very important. I recall when the idea was introduced as I'm sure most /. readers will pretend. Companies doing these joint things are scarey, yet, the practice continues.

      Just my 2 cents. Ignore me now. (sig material?)

    15. Re:Fraud? by Ohreally_factor · · Score: 2

      Well, we made it this far this time without any name calling, so let's just call it a day and agree to disagree.

      --
      It's not offtopic, dumbass. It's orthogonal.
  6. Desperation by Anonymous Coward · · Score: 0

    SCO has nothing left, this is their last breath.

  7. The least they could do by theluckyleper · · Score: 4, Funny

    Yeah, the least they could do is put some pr0n on it, or something.

    --
    Visit the Game Programming Wiki!
    1. Re:The least they could do by savagedome · · Score: 3, Funny

      Actually, even this new look would have done!

    2. Re:The least they could do by rock_climbing_guy · · Score: 1

      How's this for a SCO makeover? As long as we're going to suggest a makeover for SCO...

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    3. Re:The least they could do by infonography · · Score: 1

      Just let the site defacers get around to it. Should be under a week after the site goes up.

      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  8. Money by Anonymous Coward · · Score: 2, Insightful

    Where is SCO getting all this money to pay lawyers? Nobody's paying the licensing fees.

    1. Re:Money by OS24Ever · · Score: 4, Insightful

      I believe that the law firm has capped what they'll charge SCO until they win.

      So we'll see two bankruptcies in Utah one day.

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    2. Re:Money by eddy · · Score: 5, Insightful

      >Where is SCO getting all this money to pay lawyers?

      By defrauding investors into believing SCOX had a solid case, when in fact they didn't. Lying through their teeth about "owning UNIX", lying about the pedigree of Linux, lying about everything.

      Behind closed doors they pitched this as an "investment opportunity". They probably showed the investors the Berkley Packet Filter code, maybe some standard headers (elf.h, etc). "Look! This is a slam dunk! And there are millions of lines more of that in linux!"

      Oh, they really sold this "Linux Lottery" good.

      --
      Belief is the currency of delusion.
    3. Re:Money by bhima · · Score: 1, Insightful

      Microsoft

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    4. Re:Money by augustz · · Score: 1

      EV1 Servers paid them a significant amount as well I beleive, which is being used to fund there litigation.

    5. Re:Money by Anonymous Coward · · Score: 1, Informative
    6. Re:Money by cdrudge · · Score: 3, Informative

      Not quite. Last quarter SCO had $678,000 in SCOSource revenue ($709,000 YTD), finally putting on the books the EV1 deal as well as several others. Legal costs last quarter alone was $7.3m.

      Much of the money paid so far came from cash reserves as well as the Baystar/RBC dealings.

    7. Re:Money by cdrudge · · Score: 2, Informative

      As of the last SEC filings, the paperwork in the deal to cap legal fees had not been signed.

  9. Re:Why not check sco site every 30 seconds by Anonymous Coward · · Score: 0

    give them some hits

  10. Validate by savagedome · · Score: 5, Funny

    The page says "Roll mouse over timeline icons to see summary of each document". So I did and nothing. Hmmmm. Well, let's see how it validates.

    OH well.

    1. Re:Validate by cabra771 · · Score: 5, Funny

      I'm glad I'm not the only one who saw this right away. I figure IBM's attorneys can use this as evidence of SCO's incompetence.

      "Your honor, those idiots don't know their ass from a title attribute."

      --

      -my other sig is your mom
    2. Re:Validate by gmhowell · · Score: 1

      That's weird. Just for kicks, I entered slashdot and only got an error message. I wonder what's up with that?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    3. Re:Validate by Anonymous Coward · · Score: 0

      Yeah - it's things like this which make you so glad that news websites' HTML validates too. Otherwise Slashdot would look really stupid if they.....

      ...oh. Ah well.

    4. Re:Validate by QuaZar666 · · Score: 1

      because slashdot redirects the page to a page saying you are banned and then gives reasons. take a look at this http://validator.w3.org/check?uri=http%3A%2F%2Fsla shdot.org&charset=(detect+automatically)&doctype=( detect+automatically)&ss=1&outline=1&sp=1&noatt=1& No200=1&verbose=1

    5. Re:Validate by kryptkpr · · Score: 1

      Save the homepage to disk and upload it from there.. it doesn't Validate to HTML 3.2, 140 errors right now.

      They don't want you to know that.

      --
      DJ kRYPT's Free MP3s!
    6. Re:Validate by Tsiangkun · · Score: 2, Funny

      I get the same result in Safari.

      I figured the documents had been parsed to show the meaningful statements SCO has made so far, and then filtered to only display the statements that help their case.

    7. Re:Validate by hendridm · · Score: 2

      Funny how a formerly open source, now proprietary UNIX company uses only Internet Explorer to check their work. :/

      Even if IE is your browser of choice (*gasp*), every competant web developer should know the impact and difference between ALT and TITLE tags. Apparently "competant" and "preferring IE" are mutually exclusive...

    8. Re:Validate by Ohreally_factor · · Score: 4, Funny

      It's their way of saying, "And now a word from our sponsor."

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:Validate by mattyrobinson69 · · Score: 1

      Thats what happens to a software company that fires all their coders and replaces them with lawyers - you cant expect lawyers to write valid HTML can you?

  11. Hmm by Anonymous Coward · · Score: 5, Funny

    I think SCO just likes to believe that if it could just advocate enough false statements then perhaps just by chance one of them will turn out to be true. I figure the chance of that is equivelent to one hundred monkeys tapping randomly on keyboards reconstructing all of linux source code with a covering letter to Darl telling him to politely drink a cup of Ricin. Simon.

    1. Re:Hmm by st1d · · Score: 1

      I think you're right on target. SCO has done this since the beginning. The problem for them now is simply that good news organizations have also heard of Groklaw, and now have somewhere to check SCO's comments against those of the court and community. As such, SCO's getting pummeled in the press as well as the courtroom. Now I think they hope that if they make a Groklaw-style site, they might be able to confuse the media a little, or at least get it mentioned in articles.

      Not likely, simply because there just isn't that much SCO has to say. "We need more", "It's not fair", and "We meant this, not what we said" don't make for very good copy over the long haul, IMHO.

      --
      Microsoft has just released their much anticipated hands-free cordless mouse. Warning, it may hurt a little at first.
  12. SCO is commiting Fraud by Omega037 · · Score: 5, Interesting

    The only one commiting fraud here is SCO. They are creating fraudulent lawsuits for no reason but to annoy IBM. Pretty soon SCO is gonna sue for wrongful death because IBM killed their company. I mean seriously, doesn't this kind of suit start to border on defamation? Shouldn't IBM have the ability to sue SCO for damages or at least to force them to stop all lawsuits?

    1. Re:SCO is commiting Fraud by marcello_dl · · Score: 4, Insightful

      Shouldn't IBM have the ability to sue SCO for damages or at least to force them to stop all lawsuits?

      It would be ideal to have a karma system for companies who want to sue. You get some accusation points, but if the outcome of the trials determines accusations to be false, the company wouldn't get more points for a long time.
      So the damage a "bad" company can do is limited.

      I've seen a similar system used in a web site, wish I recalled the url...

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    2. Re:SCO is commiting Fraud by aardvarkjoe · · Score: 2, Insightful
      I've seen a similar system used in a web site, wish I recalled the url...
      Come to think of it, I think I saw that too. Unfortunately, it doesn't seem to work worth crap.
      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. Re:SCO is commiting Fraud by PhotoGuy · · Score: 4, Insightful

      I believe that here in Canada, there's a lot fewer frivolous lawsuits, since it's far easier to get losing sides to pay defendant's costs. I think it's a great system; you go around suing people frivolously, trying to be a bully, you primarily end up paying their court costs in battles you lose. The US should really consider moving towards this approach.

      --
      Love many, trust a few, do harm to none.
    4. Re:SCO is commiting Fraud by Anonymous Coward · · Score: 0

      "Unfortunately, it doesn't seem to work worth crap."

      That is only true because most people posting over there are not very good at their grammar.

    5. Re:SCO is commiting Fraud by Anonymous Coward · · Score: 0

      "Loser pays"? Good idea to me. It sure seems like our present system benefits the crooks.

    6. Re:SCO is commiting Fraud by Anonymous Coward · · Score: 0

      The lawyer lobby won't let a bill like that pass. Too many powerful Democrats in Washington.

    7. Re:SCO is commiting Fraud by debrain · · Score: 3, Informative


      I believe that here in Canada, there's a lot fewer frivolous lawsuits, since it's far easier to get losing sides to pay defendant's costs.


      "The most common scale of costs is called partial indemnity, which means the successful party will receive approximately 40-50% of its legal costs from the unsuccessful party. Where one party's behaviour has been particularly egregious, the court may award a higher scale of costs, called substantial indemnity, which is in the range of approximately 70-80% of the actual costs incurred."

      The courts also have the discretion to NOT award costs, particularly if they feel that the losing claim was legitimate but failed on technicalities, or if there is substantial economic disparity. In the case of SCO, I'm fairly sure that IBM would ask for substantial indemnity.

      For more details, check this.

    8. Re:SCO is commiting Fraud by LordK2002 · · Score: 1
      Shouldn't IBM have the ability to sue SCO for damages or at least to force them to stop all lawsuits?
      They can, and they will. Once SCO lose the current IBM case, we can expect to see them well and truly pounded into the dust by anyone and everyone with a bit of cash available.

      And IBM has a lot of cash available.

    9. Re:SCO is commiting Fraud by Citizen+of+Earth · · Score: 1

      I think it's a great system; you go around suing people frivolously, trying to be a bully, you primarily end up paying their court costs in battles you lose.

      Maybe in addition to paying their court costs, you should also pay a certain percentage of the amount you were suing them for. What is 10% of $5-billion?

    10. Re:SCO is commiting Fraud by Mudcathi · · Score: 1

      Wouldn't work here -- the trial lawyers have a very powerful lobbyng arm, and that fact is, firms and individuals who lose frivilous lawsuits are generally golddiggers without much cash of their own. Trial lawyers here aren't stupid - they know that if our laws were like Canadas, their net pay would be much, much lower.

      Trying to change this situation is like trying to push rope: we can huff and puff, but nothing of any import will happen.

      --

      "He who throws mud, loses ground." - proverb

    11. Re:SCO is commiting Fraud by MadChicken · · Score: 1

      Surf around more. Some sites (*cough*Geek.com*cough*) COULD be useful if there were any way to mod down the idiots.

      Ok, it doesn't work perfectly, but it does to some extent. (browse at -1 some day)

      --
      SYS 64738 NO CARRIER
    12. Re:SCO is commiting Fraud by saigon_from_europe · · Score: 2, Informative
      I believe that here in Canada, there's a lot fewer frivolous lawsuits, since it's far easier to get losing sides to pay defendant's costs.
      If you sue someone in Serbia, demanding amount of money X, but the court gives you only percent P of the X, losing party will have to pay only P percent of legal costs (court's fees, your lawyer costs etc.).

      This prevents people to ask court for meaningles amounts of money.

      I think that this mechanism is the same in all contintal legal systems.
      --
      No sig today.
    13. Re:SCO is commiting Fraud by LearnToSpell · · Score: 1

      $500 million.

    14. Re:SCO is commiting Fraud by Stephen+H-B · · Score: 1
      We have a system something like that here in Australia. A person/company launching lawsuit after lawsuit can be declared a "vexatious litigant" by application to the courts (Supreme Court here, I'm not sure of your equivalent, but the highest state court).

      If this is applied they then have to prove each subsequent case has merit to a judge before they can proceed. The State Gov. is currently trying to have this applied to a prisoner called Julian Knight. He went on a shooting spree in about 1980, killed about 7 people I think.

      In the last 10 years he's sued the state about 20 times for everything from bad prison food to lumpy beds and discrimination because he's a criminal, or something.

      --
      Sick of WoW? Try the thinking man's MMORPG: EVE Online
  13. There goes the cat. by Stumbles · · Score: 1

    Lol, oh boy this ought to be good. What could SCOG possibly make available GrokLaw does not? All Groklaw does it make available copies of official court documents, with of course commentaries by any who desire.

    --
    My karma is not a Chameleon.
    1. Re:There goes the cat. by Ohreally_factor · · Score: 1

      Groklaw also provides analysis, which is usually spot on, but also often bombastic and filled with hyperbole. Occassionally PJ descends into appeals to emotion, etc. When she is dryly humorous it works much better, imo.

      However, it is fairly easy to separate the facts and the analysis from the emotion laden language, so I continue to read it. Overall, it's an excellent source, but if one without the superfluous bile appeared, I'd read that instead. I highly doubt that the SCO site is going to give us neutral analysis. Judging from what I've seen, they're not giving any analysis.

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:There goes the cat. by eric76 · · Score: 1

      They could scan in the documents and post them quicker than they would be available from the court.

  14. Obligatory stock charts. by Anonymous Coward · · Score: 1, Informative
  15. arent the US.A judges embarrassed by now? by Anonymous Coward · · Score: 0, Interesting

    i am wondering why the usa courts and judges dont stop this foolishness already? i mean sco is saying something for some years now and they fail to come up with proof? so how come this case hasnt been dismissed by now?

    on the other hand the judges dont end this shit if sco cant prove stuff and cant provide basic hints to their case.

    now here is what i dont understand. its either the us.a legal system that is completely rotten that u can make fals claims and accusations for several years without any proof or evidence, or there has to be something to sco's case actually, and the judges arent sure either, and ibm has something to hide too, no matter if its some shit that they did to linux, or whether its just their aix/dynix/whatever code they messedup and mixed with sco stuff...

    cany anybody actually enlighten me? is it the us.a legal system that is totally crap and unfair/illegal or does sco actually have some claims that at least tackle ibm/aix/dynix, even if not directly linux ...

    why dont the judges demand real shit by now, and why dont they hurry up the whole situation? why is this taking ages and not going anywhere soon? fuck, i dont understand this at all... the judges should be really embarrassed and blushing by now.... no matter if its the one or the other way....

    thanks.

    1. Re:arent the US.A judges embarrassed by now? by Chess_the_cat · · Score: 2, Interesting

      I'm sure this is quite cut and dry to users of Linux but to laymen like myself and the judge in this case SCO has enough to go forward. That doesn't mean they'll win but I'd personally like to hear more. In every history of Linux I've read including The Cathedral and the Bazaar it's been explained to me that Linux came out of Unix. That alone leads me to believe that there is some Unix source in the Linux kernel. Please do not mod me down; I'm simply trying to answer the parent's question by explaining it from an outsider's view.

      --
      Support the First Amendment. Read at -1
    2. Re:arent the US.A judges embarrassed by now? by Anonymous Coward · · Score: 4, Insightful

      > why dont the judges demand real shit by now, and why dont they hurry up the whole situation? why is this taking ages and not going anywhere soon? fuck, i dont understand this at all... the judges should be really embarrassed and blushing by now.... no matter if its the one or the other way....

      U.S. judges often give a seen-by-them-to-be-losing side LOTS of room to maneuver to avoid giving valid grounds for an appeal. A successful appeal is a professional 'you screwed up' opinion, and judges don't like that on their resume'.

    3. Re:arent the US.A judges embarrassed by now? by Anonymous Coward · · Score: 2, Insightful

      What may be perfectly obvious to you and me may not necessarily be perfectly obvious to a judge who doesn't spend their days reading technical documents.

      And, as has been pointed out elsewhere, the more deliberation and time that is allowed the plaintiff in the case, the less likely an appeals court will even hear the case if judgement is declared against the plaintiff.

      Having said that: the US is in desperate need of tort reform, specifically in the area of class-action lawsuits, as well as some kind of deterrent to filing frivolous lawsuits/claims.

    4. Re:arent the US.A judges embarrassed by now? by overshoot · · Score: 4, Informative
      now here is what i dont understand. its either the us.a legal system that is completely rotten that u can make fals claims and accusations for several years without any proof or evidence, or there has to be something to sco's case actually, and the judges arent sure either, and ibm has something to hide too, no matter if its some shit that they did to linux, or whether its just their aix/dynix/whatever code they messedup and mixed with sco stuff...

      Dismissal is when the suit is structurally flawed to begin with (e.g.: SCOX sued Novell for "Slander of Title" but didn't even allege one of the requisite elements for SoT.)

      What you're talking about would be summary judgment: there's not even enough evidence that a jury would be needed to weigh it. Since it can take a while to develop evidence through discovery, motions for summary judgment generally wait until the case is well-developed.

      IBM now is proceeding to file motions for summary judgment, based in large part on the fact that SCOX hasn't even tried to identify specific facts that would support a charge of either copyright infringement or contract violation.

      Slow, frustrating, but like Juggernaught's Carriage it gets there eventually and regardless.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    5. Re:arent the US.A judges embarrassed by now? by MathFox · · Score: 1
      Courts move slowly. The court system tries to give everyone a fair chance in pleading his case. Unfortunately the latest court hearing http://www.groklaw.net/article.php?story=200409151 9471739 didn't work out too good for SCO. It looks like IBM will get a positive decision on the first issue (Linux illegaly contains Unix code) in the case because SCO couldn't show any proof for it.

      IBM has asked the court to decide on more claims and it looks like they will get those decisions too. So SCO has to think of something "NEW" to stay in the press in a "positive" way. The last thing SCO wants is losing quickly in Utah Federal Court.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    6. Re:arent the US.A judges embarrassed by now? by arkanes · · Score: 4, Informative

      The OSI position paper has a good summary of the various meanings of "Unix" and why when people say that Linux comes from Unix they don't mean it in the legal, code-copying sense.

    7. Re:arent the US.A judges embarrassed by now? by geoff+lane · · Score: 2, Insightful

      The system may be slow but it's also expensive.

      That is the real problem - if SCO had attacked a smaller company that couldn't afford to defend itself they might have won by default years ago.

      There is no justice when the difference between winning and losing is the amount of money you can spend on lawyers.

    8. Re:arent the US.A judges embarrassed by now? by amorsen · · Score: 4, Informative
      In every history of Linux I've read including The Cathedral and the Bazaar it's been explained to me that Linux came out of Unix. That alone leads me to believe that there is some Unix source in the Linux kernel.

      You are implying that Linux was somehow built on the Unix source code, back in the really old days. This was simply not the case, and even SCO seems to stay away from saying otherwise. Linux has always been an independent development, merely inspired by Unix/POSIX. SCO has been saying that Unix sourcecode was introduced into the Linux kernel between version 2.4 and 2.6 (to improve multiprocessor scalability). This is very recent history and has nothing at all to do with the origins of Linux, more than 10 years ago.

      --
      Finally! A year of moderation! Ready for 2019?
    9. Re:arent the US.A judges embarrassed by now? by StormReaver · · Score: 1

      "In every history of Linux I've read including The Cathedral and the Bazaar it's been explained to me that Linux came out of Unix."

      That is not what "The Cathedral and The Bazaar" says. It says (paraphrasing of course) that Linux was modeled after the ideas that came from Unix, not that Linux code sprung from Unix code.

    10. Re:arent the US.A judges embarrassed by now? by ballpoint · · Score: 1

      It's not only the US. Almost anywhere you can be sued on false grounds. You will have to defend yourself and pay lawyers to do so. While the case is running its - slow - course, you have to divert energy to it and you are hindered in your attaining your goals.

      A lawsuit has become a tool to slow down an opponent, causing him to miss deadlines. Even if the suit is eventually lost, the suitor actually wins.

      Judges and lawyers will not accelerate things. Lawyers are paid by the hour. Judges, like bureaucrats, slow down things to keep their efforts to the absolute minimum. Remember that they are appointed for life without any performance bonus. Why would they try to accelerate ? To bring in more work for themselves ?

      If your suitor is bigger than you (or the state, and the state is making up new laws while you are defending yourself) you'll lose big time. I'm speaking of experience.

      --
      Flourescent (adj): smelling like ground wheat.
    11. Re:arent the US.A judges embarrassed by now? by JoeBuck · · Score: 2, Informative

      That issue was already settled in the early 1990s, when the previous owners of Unix tried to block the University of California, Berkeley from releasing BSD as open source. The BSD developers had access to the Unix source code throughout its development; Linus Torvalds did not. So that should have been a much stronger case.

      However, the case was settled, with BSD remaining as free software (after the elimination and replacement of a couple of disputed source files).

    12. Re:arent the US.A judges embarrassed by now? by 0x0d0a · · Score: 1

      What you're talking about would be summary judgment: there's not even enough evidence that a jury would be needed to weigh it.

      This isn't a criminal trial; there would not be a jury.

    13. Re:arent the US.A judges embarrassed by now? by antiMStroll · · Score: 1

      It's a reasonable position for a layman to take, I wonder though about Bois and his firm. He's not a stupid man and knows enough about the software world to beat Microsoft in federal court, though admitedly over business practices. Why does his firm continue to pursue what seems from the outside such an obviously frivolous suit? A suit as baseless as this appears means SCO's defeat can only reflect poorly on his firm, and SCO certainly doesn't have the money to offset the potential loss of future income from high profile clients who might see Bois and his firm as expensive ambulance chasers. Why haven't they walked away?

    14. Re:arent the US.A judges embarrassed by now? by Anonymous Coward · · Score: 0

      (A) IBM is *trying* to make the system as slow as expensive as possible in order to bankrupt SCO.

      (While the Linux world wanted this over yesterday, IBM didn't. Deal.)

      (B) If you thought the SCO suit was slow & expensive, wait until you see the IBM counter-suit over the LZW "GIF" patent.

    15. Re:arent the US.A judges embarrassed by now? by Bloater · · Score: 1

      If you'd tried using the first version of Linux, you wouldn't think "that Linux came out of Unix[sic]". I don't even think that ESR *ever* said that Linux came out of UNIX. Linux is designed to have a UNIX-similar API, and a similar set of features.

      Before you can figure out where Linux came from and how it relates to UNIX, you must become an experienced computer programmer.

      You can tell that a book, movie or song is just a copy because you can follow and appreciate stories and language and music, but computer code is too hard for most people, so an "outsider" can't even identify what is specific to one peice of source code rather than being a normal part of the structure of a well-written computer program.

    16. Re:arent the US.A judges embarrassed by now? by RollingThunder · · Score: 1

      Except that in some other systems, the judge is an active participant who is digging to find out what the truth is, rather than a referee.

    17. Re:arent the US.A judges embarrassed by now? by ColdWetDog · · Score: 1
      You don't understand how radio works...

      As has been mentioned multiple times before (but then, with this thing, what hasn't been) - you let the offensive party continue to completely and thoroughly hang themselves during the first court case. They then have less of an ability to appeal the sentence (hopefully, death) because of a lack of jurisprudence.

      Remember, they've got (potentially) several levels of appeals to think about and we really don't want to go there.

      Otherwise our grandchildren may well be reading this as current events.

      --
      Faster! Faster! Faster would be better!
    18. Re:arent the US.A judges embarrassed by now? by trewornan · · Score: 1

      As another layman, I seriously doubt SCO has any real case simply because it would be very easy for them to prove yet they refuse to do so . . . why? If there are hundreds of thousands of infringing lines of code in Linux - then point them out and have done with it. SCO have refused to do this even when a judge ordered them to . . . the only possible conclusion I can come to is that SCO's case is bullshit.

    19. Re:arent the US.A judges embarrassed by now? by Bloater · · Score: 1

      Because his client asked him to and said they'd pay.

    20. Re:arent the US.A judges embarrassed by now? by Ohreally_factor · · Score: 1

      $$$

      To some, it's more important than reputation.

      Also, once an attorney accepts a case, it is very very difficult to walk away from it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    21. Re:arent the US.A judges embarrassed by now? by tindur · · Score: 1

      Justice delayed is justice denied.

    22. Re:arent the US.A judges embarrassed by now? by Anonymous Coward · · Score: 0

      To put it in 'laymen's terms' imagine you're an engineer and have an idea that you modeled in legos( or tinkey toys, lincoln logs, etc) for some new fangled device. Does the Lego company own your idea because you used their 'proprietary technology' to construct your device. Besides, the fact is that Linus didn't use any UNIX(tm) he started it out on a learning OS called minix which you can find out all about if you do a little googling for tannenbaum vs linus.

    23. Re:arent the US.A judges embarrassed by now? by jbolden · · Score: 1

      That alone leads me to believe that there is some Unix source in the Linux kernel.

      Linux intellectually came out of attempts that were popular in the 1980s and 1990s to build free OSes that were Unix like. That is to say they had Unix features and Unixy interfaces without using Unix source code. Using "Unix source code" would have defeated the whole point since then the OS wouldn't be "free" but rather an illegal copy. Linux specifically emerged out of the Minix users group; Minix was a OS for the x86 systems which was a teaching tool for OS design classes. It used only publically available ideas and all of the code was available as part of Tannenbaum's published works, none of it was "Unix code".

      Now in terms of the lawsuit even if Linux had Unix source that still wouldn't prove what SCO needs to show in particular:

      1) That the code got there via. IBM's work on the kernel. Your version of events has the code getting there well before IBM's involvement

      2a) That the code that got there with IBM's assistance was acquired as part of the Monterey joint project with SCO

      2b) That SCO has some rights (from a source unknown to all) to any Unix code on the x86 platform regardless of origin or authorship.

      etc....

    24. Re:arent the US.A judges embarrassed by now? by jbolden · · Score: 1

      and even SCO seems to stay away from saying otherwise. Unix sourcecode was introduced into the Linux kernel between version 2.4 and 2.6 (to improve multiprocessor scalability).

      Both of these are more recent claims. SCO absolutely originally asserted that Linux code was taken from Unix. But since IBM was involved then they've amended this. Similarly on the 2.4 to 2.6 issue originally the muliprocessor stuff they were complaining about was stuff in the 2.0 and 2.2 kernels but:

      1) That predated IBM's involvement in Linux
      2) The company most involved in that work was Caldera

      so from a damages standpoint...

    25. Re:arent the US.A judges embarrassed by now? by 16K+Ram+Pack · · Score: 1

      "enough to go forward". Correct me if I'm wrong, but I thought that SCO had so far presented zero evidence to support any of their claims.

    26. Re:arent the US.A judges embarrassed by now? by Kismet · · Score: 1

      Actually, Linux was built out of a simple little terminal program that Linus wrote to log in to the University's network. He was using Minix at the time, but prefered his own stand-alone terminal program for certain tasks. The program basically "grew legs" and became Linux.

      Naturally, Linus was very much inspired by Minix, which is a Unix-like OS written by Andrew Tannenbaum (also without any Unix code in it so that it could be used by students). A lot of Linux development happened on Minix, but there was no Minix nor Unix source code in it.

      You get some Unix-looking code in Linux due to Posix compliance, and probaby wherever there is BSD code. I'm fairly certain that, at this point, a number of independent comparisons have been done against System V without any significant matches, if you don't count the little malloc bit that SGI slipped in.

      At any rate, it is fairly established as fact that there is no System V code in Linux. SCO knows this, and so they are trying to find situations where code that might have been based in System V code at one time has made its way into Linux. SCO thinks that if you look at every twist of AIX from now back through the beginning, it might turn out that some of it actually grew out of System V code (even though the code now has no resemblance to the original). SCO hopes that this would save them: they can claim rights because of pedigree. If the code happened to be donated to Linux, SCO feels this would vindicate them.

      These scenarious are extremely tenuous (major understatement, that), which SCO also knows, so - as a last resort - SCO seems to be trying to stir up some controversy by exposing some IBM memos on the failed Monterey project, which SCO/Caldera is still (apparently) _very_ angry about. I think that is what this all comes down to: sour grapes over project Monterey.

      Really, there isn't much that SCO can do about it. I recall that one of the stipulations in the Monterey contract was that, if SCO happened to be acquired during the course of the project, then all bets are off. We recall that SCO was indeed bought out by Caldera.

      But I digress. Hope that was helpful.

  16. Roll mouse over timeline icons... by YetAnotherName · · Score: 5, Interesting

    ...to see a summary of each document.

    Doesn't work with either browser I have installed right now. For a company whose motto is The Power of Unix, apparently you need to run IE6 on Windows to actually use their website.

    1. Re:Roll mouse over timeline icons... by Sirch · · Score: 5, Funny

      It's not actually working for me in IE6 either, so I think they're just incompetent...

    2. Re:Roll mouse over timeline icons... by Anonymous Coward · · Score: 0

      Doesn't work with either browser I have installed right now. For a company whose motto is The Power of Unix, apparently you need to run IE6 on Windows to actually use their website.

      1- It isn't working with any browser

      2- The Power of Unix is generally accepted to lie on the server-side of things

    3. Re:Roll mouse over timeline icons... by zurab · · Score: 1

      Browsers are not supposed to show ALT attribute text when images load; ALT is for an alternative text when images don't load (i.e. client is a text-only browser, or images are disabled, or image is not available). But I do remember a setting like "show ALT text in tooltips" somewhere in Windows or IE. It must be that "web team" has that enabled and assumes that everyone does also.

    4. Re:Roll mouse over timeline icons... by goodster · · Score: 1

      It's not like it's actually being hosted on Windows... :)

      http://uptime.netcraft.com/up/graph/?host=sco.com

      (I've really gotta learn to make a clickable link...)

    5. Re:Roll mouse over timeline icons... by Niddix · · Score: 1

      Its working just fine for me using WinXP and Firefox PR1.

  17. It's simple. by eddy · · Score: 3, Interesting

    The SCOX crackheads are frustrated. They've been instructed not to embellish their case in the media. That's frustrating for someone like Darl, whose wet dream it is to mouth off at every opportunity.

    So SCOX do what they always do, they blame everyone else of doing the things they are in fact doing themselves. For instance, they'll claim that IBM (via Groklaw) is misrepresenting the case. Of course, the only people continuously misrepresenting the case(s) are SCOX insiders and their paided shills (the Endrools and Didiots of the world).

    I mean, how many times have we read Darl and Blake talking about the eV1L lUnix in the press? Then in the filings they'll say "this isn't about linux". Or the other way around. It depends on whichever would look the best for them at that particular point.

    There'll be a reckoning for you when this is over, Darl.

    --
    Belief is the currency of delusion.
    1. Re:It's simple. by gnarlin · · Score: 0

      There'll be a reckoning for you when this is over, Darl. Really? When? How? And by whom? He's currently stuffing his pockets full of gold, the company will be held responsible but not him, he has probably already sold off a bunch of stock during high tide and made a bundle. How can justice possibly get done ?

      --
      A bad analogy is like a leaky screwdriver.
  18. The question is by antifoidulus · · Score: 1

    when will SCO finally make the laughable mistake of suing SCO? I can't wait till that day :P

    1. Re:The question is by jbolden · · Score: 1

      when will SCO finally make the laughable mistake of suing SCO? I can't wait till that day

      Read the original filings. Many of the wrongs they charged Linux with in the beginning were done by Caldera: like the multiprocessor stuff and the SCO binary compatability libraries. If they had a case (based on the original claims) against anyone at all it was Caldera.

  19. It's Boies Schiller by Anonymous Coward · · Score: 5, Informative

    Just a minor correction. Their website, actually very well done for a law firm, can be found at www.boies-schiller.com.

    As a side note, I'm a law student and Boies Schiller is an interesting firm. They are one of the three highest paying firms in the country, with a first year starting salary of 140,000 per year as opposed to 125,000 for the majority of large law firms. They are headquartered in Armonk, NY as opposed to New York, NY.

    David Boies is the premier partner. He left another high powered firm, Cravath, to start his own firm (Cravath is strangely enough representing IBM in this case). Since then, some say that Boies Schiller has become the cult of David Boies (hyperbole). I think that both his sister and brother have high management positions in the firm.

    Regardless, from what I hear, Boies is one of the best litigators in the country. Cravath has good litigators too. This case will be well argued - and that is a good thing.

    1. Re:It's Boies Schiller by Anonymous Coward · · Score: 1, Insightful

      > Regardless, from what I hear, Boies is one of the best litigators in the country. Cravath has good litigators too. This case will be well argued - and that is a good thing.

      Methinks you need to read Groklaw a bit more, and get a re-education on the quality of SCO's legal efforts so far.

      Cliff Notes summary: not nearly good enough.

    2. Re:It's Boies Schiller by CmdrGravy · · Score: 1

      "This case will be well argued - and that is a good thing"

      By everyone but SCO at any rate.

    3. Re:It's Boies Schiller by Anonymous Coward · · Score: 1, Funny

      Yeah, they did a great job in 2000.

    4. Re:It's Boies Schiller by dmaxwell · · Score: 3, Informative

      Except for some press conferences at the beginning, there hasn't been hide nor hair of Boies in the courtroom. At the last hearing, one of SCO's attorneys made a garbled presentation to the judge and then fell asleep at the plaintiff's table. Since you are a law student, try perusing some of SCO and IBM's court filings. From what I understand, what SCO is doing is legal high comedy.

    5. Re:It's Boies Schiller by BurritoWarrior · · Score: 1

      You're right, that is a great web site.

      "Click here to install the plugin" is an incredible testimony to their prowess.

    6. Re:It's Boies Schiller by 0x0d0a · · Score: 1

      I like the fact that the web designer for the site suckered them into letting them have a link ... which takes one to a site that has a title of "Untitled Document" and tells you that you need Flash.

    7. Re:It's Boies Schiller by Anonymous Coward · · Score: 0

      No, its http://www.boies-shiller.com

    8. Re:It's Boies Schiller by jbolden · · Score: 1

      I read the early filings. They weren't well argued.

    9. Re:It's Boies Schiller by Citizen+of+Earth · · Score: 1

      Except for some press conferences at the beginning, there hasn't been hide nor hair of Boies in the courtroom.

      That's because SCO is paying Boies Schiller huge sums of money exclusively to trade on their name, not for any representation. Boies Schiller may look a little foolish in legal circles when this fiasco is over, but they'll cry all the way to the bank.

    10. Re:It's Boies Schiller by mabhatter654 · · Score: 1
      yep...he entirely missed several key constitutional points...rather pandering to the democarats "minority" interests than structuring a legal argument that followed the laws for elections already on the books.. He fell for the "emotional" trap and the Republican election board "gamed" the system to stall him.

      Note he's also the one who totally borked the MS anti-trust trial...another case that should have been a slam-dunk but again instead of trying to open the scope to all of MS practices in total as DOJ lead, he pandered to the "emotional" argument of a few failed companies rather than showing the systematic abuse of MS monopoly... otherwise he'd have put Michal Dell on the stand as well as several other CEOS [I'm thinking BeOS here] that were expressly called by MS not to sell alt OSs..put them on the stand...or in jail till they told the truth!!!!

      In the SCO case, he's borked the case again. I think he's looking for a name as "Linux hippy breaker" but there's nothing to see. The original IBM case is pretty much void in their favor...all of the ORIGINAL SCO engineers and leaders backed out of the deal with IBM by selling the company off...IBM's contract ended at their discression...nothing to see here.

      Franly he just needs to admit he learned at the "Chewbacca" School of Law... See Chewbacca....!

    11. Re:It's Boies Schiller by Spunk · · Score: 1

      They are headquartered in Armonk, NY as opposed to New York, NY

      Isn't IBM also headquarted in Armonk? I wonder if there's a connection.

  20. Help me understand this by overshoot · · Score: 4, Funny
    Caldera (now called "the SCO Group") is going to sue IBM because they worked with Caldera on Linux, so that when Monterey stalled IBM and Caldera were able to move on.

    Thanks at least in part to the failure of Monterey (and the fact that Caldera helped IBM have a contingency plan that worked) Caldera was able to pick up the Santa Cruz Operation's Unix business at a discount.

    Because they got it at a discount, they're going to sue IBM for conspiring with themselves to save them acquisition costs?

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Help me understand this by Nurseman · · Score: 1
      Caldera (now called "the SCO Group") is going to sue IBM because they worked with Caldera on Linux, so that when Monterey stalled IBM and Caldera were able to move on.

      This seemed fairly obvious to me also, even as a non-tech, slighly geeked out nurse. How could a journalist actually print something this absurd, and ever be considered credible again ?

      --
      Save a Life. Donate Blood. Please.
    2. Re:Help me understand this by Master+of+Transhuman · · Score: 1

      This isn't a "journalist".

      This is some bitch who appears to be working for SCO's PR team based on her polemics against IBM in the article.

      Nothing "journalistic" about it (unless of course you have a low opinion of journalists in general as I do.)

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  21. Working link by Anonymous Coward · · Score: 3, Informative

    The summary links to the main page, whose "Read story" link doesn't work. Here's the link to the printer-friendly page that *does* work:

    http://www.linuxworld.com/story/46384_p.htm

    1. Re:Working link by Anonymous Coward · · Score: 1, Interesting
      Am I the only one who wonders, after reading this, whether Ms. O'Gara is capable of writing a coherent English sentence without massive editing? Just a couble of the curiously-worded tidbits that caught my eye:

      Supposedly sometime in the first half of 2000 IBM made a course correction to Linux and way from Monterey, which was the IBM-SCO-Intel initiative to move AIX to the Itanium, a project that Sequent and Dynix ultimately got bolted on to too.

      ... with due reverence for Cravath, Swaine's abilities to move the ball even you're look plum at it ...

      In fact, given the sloppy writing throughout the piece, I find it hard to believe this columnist managed to survive anything higher than freshman-year English, let alone to take anything she says seriously. Or am I being too picky?

      -H

    2. Re:Working link by CmdrGravy · · Score: 1

      Not too picky at all, Maureen O Gara is clearly a moron who is just writing whatever it is SCO are telling her to write.

    3. Re:Working link by Anonymous Coward · · Score: 0
      s/couble/couple/g


      -H

    4. Re:Working link by Anonymous Coward · · Score: 0

      From the way it reads you give her way too much credit. Bois' firm probably hands it to her as written.

    5. Re:Working link by Anonymous Coward · · Score: 0

      The summary links to the main page, whose "Read story" link doesn't work. Here's the link to the printer-friendly page that *does* work...

      Believe it or not, the summary link is to the story.

      It just looks like the main page, because the story summary is surrounded by ADVERTISING LINKS that look exactly like other story links.

      If you scroll down several miles, eventually you reach the end of the ads and find the story. Man, what a quality website that is.

    6. Re:Working link by Ohreally_factor · · Score: 1

      I was surprised to see her byline on this, but if you've been following the case, she isn't always so kind to SCO. And if anything, she's scooping them, revealing their plan before they've managed to issue a press release.

      --
      It's not offtopic, dumbass. It's orthogonal.
  22. a little higher by Anonymous Coward · · Score: 1, Funny

    Dont you think that would be raising the bar just a little too high for SCO.

  23. Not hard to fig. out the origin of theSCO donation by catwh0re · · Score: 2, Interesting
    Another step in the art of legal red tape.

    With rumours of the SCO donation coming from Microsoft, I would not be surprised in the least to discover that MS is giving the orders on this one.
    The goal of all this is to scare users away from open source software, as they might end up in an expensive court battle. However in the end, when IBM do eventually flatten this out, it's only going to create the legal president to make short work of future challenges to related software projects.

  24. SCO's IBM lawsuit page is not new by brumle · · Score: 5, Funny

    The ibmlawsuit page on SCO's website is not new, but prior to this it hadn't been updated in a while. It didn't take more than five minutes for this story to Slashdot their server. Let's wait for SCO to cry "sco.com hacked by linux users AGAIN".

  25. I call fraud on SCO's website by theluckyleper · · Score: 2, Funny

    Yeah, I was going to call fraud on SCO's new website too; I looked at the source and it seems like they're expecting the ALT tag text to pop up when you mouseover (there's no javascript or anything)... which doesn't seem to be happening for me, in Firefox.

    Fraud! Fraud!

    --
    Visit the Game Programming Wiki!
    1. Re:I call fraud on SCO's website by davron05 · · Score: 3, Funny

      Wait, I am using ALT tags on my web page too. Applying SCO's "substantial similarity of source-codes" argument to this case, SCO is infriging my copyright!

    2. Re:I call fraud on SCO's website by sploo22 · · Score: 1

      Try this extension - it shows ALT tags as tooltips in Mozilla, just like in IE.

      --
      Karma: Segmentation fault (tried to dereference a null post)
    3. Re:I call fraud on SCO's website by Anonymous Coward · · Score: 0

      There's no such thing as an "alt tag". You've fallen into the trap of believing everything remotely related to HTML is a "tag". alt is an attribute.

      The alt attribute's value isn't supposed to be used as a tooltip; that's an old Netscape bug that was duplicated in Internet Explorer and removed from Netscape. See what happens when you pay more attention to the popular browsers than the specifications? Things break.

      The reason alt isn't supposed to be used as tooltip text is because it's an ALTernative to the image. If any attribute is suitable for tooltip text, it is the title attribute - and Internet Explorer, Firefox, Mozilla, etc all use this attribute's value as tooltip text.

      Of course, relying on any attribute's value to be rendered at all is flat-out wrong, especially relying upon it being rendered in a specific way. If it's important information, it should be in the content.

    4. Re:I call fraud on SCO's website by B2382F29 · · Score: 2, Informative

      That is totally stupid. Use the title tag for tooltips and the alt tag as ALTernative for the image. The title tag works in all browsers.

      --
      Move Sig. For great justice.
    5. Re:I call fraud on SCO's website by Monkelectric · · Score: 1

      I could be wrong, but in IE, if you put your mouse over an image with an ALT tag and leave it perfectly still (take your hand off the mouse), doesn't it display the alt tag ater a few seconds?

      --

      Religion is a gateway psychosis. -- Dave Foley

    6. Re:I call fraud on SCO's website by dissy · · Score: 1

      I could be wrong, but in IE, (snip)

      So much for their customers with SCO unix or newly paid linux licences!
      Way to cater to someone elses OS and not your own there...

    7. Re:I call fraud on SCO's website by Anonymous Coward · · Score: 0

      Don't do this. It actually makes IE explode and catch fire.

    8. Re:I call fraud on SCO's website by Anonymous Coward · · Score: 0

      Um, no. You are infriging on SCO's copyright. They invented HTML after all.

  26. Sales Call! by Natchswing · · Score: 2, Funny

    Anyone else notice that they offer a link on their site to request a sales call. Where do we start? Have them try and sell licenses to known spammers? Request a sales call of the judges working on the SCO cases? Maybe just get a sales person to call each of us so we can inquire about linux licenses.

  27. So this is news? by melevitt · · Score: 4, Insightful

    A paid shill for SCO with zero credibility writes and article full of lies, half-truths, and innuendo, Slashdot posts about it, thus generating enormous amounts of traffic to the site that posts such slop.

    Well done. I'll sure they'll keep giving voice to such trash as long as they make money on it.

    1. Re:So this is news? by Anonymous Coward · · Score: 0

      thus generating enormous amounts of traffic to the site that posts such slop.

      Don't you mean thus generating enormous amounts of ad impressions for Slashdot as people foam at the mouth about this and post, post, post, with a new ad impression for every page view?

    2. Re:So this is news? by rearden · · Score: 1

      You must be new here or have you forgotten... no one on /. actually reads the article!

      --
      Huh?
  28. By this point, who cares about fraud? by overbyj · · Score: 1

    If SCO had accused IBM of fraud way back when, maybe somebody might have given a rat's ass. But now, honestly, who really cares if IBM committed "fraud" according to SCO.

    Hello, SCO, this is the little boy calling...I would like my crying wolf back.

    --
    No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    1. Re:By this point, who cares about fraud? by Anonymous+Writer · · Score: 1

      Hello, SCO, this is the little boy calling...I would like my crying wolf back.

      Just in... SCO reports they have the copyrights on crying wolf and will charge licensing fees to whoever attempts to cry wolf.

  29. My god... by Vectorman0 · · Score: 1

    It's like a soap opera. This SCO funny business is turning into a daily thing that should have its own /. section.

  30. new low 4 SCO (but thanks for inuring the public!) by KWTm · · Score: 1
    Awww, frick, gimme a break, SCO! First you sue, then you fart at the media through your mouth, then when you're about to get pounded to a pulp in court (oops, wasn't that your own sledgehammer that you're about to get pounded with?), now you try to tell everyone that IBM committed fraud. It ain't selling! What's next, IBM is really controlled by evil aliens from outer space?

    The time of overblown media hype is over. You're not getting any more credibility (or stock investment) just from making more and more specious claims. And, in fact, thank you for doing this so that when some other company tries this tactic (whether or not with the IT industry), the public can remember, "Wait, didn't SCO try that, too?" And hopefully when ill-informed investment analysts advise a buy on this, the public can remember, "Wait, didn't Forbes try to convince us that SCO had something? Didn't Laura Didio say that they had a strong case?" And if they refuse to react to sensationalism, maybe, hopefully, companies will have less incentive to keep burping out lawsuits just to inflate their stock.

    Whew, that is about as insightful as I can get at this point given how irritated (pissed!) I am with SCO. Just when you thought they had run out of ways to disgust the industry...

    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
  31. Fraud? by rnturn · · Score: 3, Insightful

    Really. So IBM develops a product and promptly decides to kill it in favor of a new product they would rather persue. Apparently, SCO believes IBM was supposed to have had a brain wipe before moving onto their next project. Didn't SCO wind up with a copy of AIX-on-Itanium that they could have run with? This is fraud? I'm thinking that SCO was looking forward to merely riding along while IBM did all the difficult work of developing Monterey into a usable product. When the cache of IBM's name was no longer associated with Monterey, SCO finds they don't have the ability to make the new OS a standard. And then Darl comes along years later to cry foul.

    And, so would it be fraud, I guess, to use the fairly common practice of Company A buying competitor B's software product and then raising the license fees to levels that effectively kill it off in favor of Company A's product. Or lifting the guts of B's (now A's) software and incorporating it into Company A's product. Then leaving Company B's former customers with a product that they are unable to use on newer releases of operating systems (as Company A has no intention of keeping it up to date) and leaving them no alternative but to use Company A's product (which they never wanted in the first place).

    This happens all the time. The only difference is that most of the time it's the end-users of the software that get the short end of the stick. In Monterey's case, there weren't any users to get screwed. Only a corporation. But corporations have lawyers, end-users don't.

    --
    CUR ALLOC 20195.....5804M
  32. Not suprising if donations are coming from MS by Savet+Hegar · · Score: 2, Interesting

    Since MS can't seem to get Longhorn out the door in a reasonable timeframe, they need to do whatever they can to stop corporations from adopting Linux on the desktop.

    Everyone keeps asking how SCO thinks they can win. I don't think they ever planned on winning. As long as they can create enough FUD until Longhorn gets out the door, Microsoft's investment paid off. Not to mention Darl's pockets are probably getting pretty full. I don't care if they don't make $1 in SCO Source licenses....SCO can keep paying Darl's salary until the company is bankrupt.

    --
    Mod points are pointless when you browse at -1.
  33. Their own distinct view? by kaleco · · Score: 1

    I don't want a distinct view, I'd prefer an objective one :)

    --
    Prosperity is only an instrument to be used, not a deity to be worshipped. Calvin Coolidge
  34. And who to vote for? by Anonymous Coward · · Score: 0

    And who do you vote for? Most trial lawyers would vote for the Democrat party, I guess. More crazy lawsuits and baby SCOs.

    When Bush talked about limiting liability at the RNC, the crowd went nuts. But they sure let up on Microsoft and let Gates and co. off the hook.

    The libertarians wants to let Microsoft be free of government intervention.

    I guess the only way to vote against Microsoft would be to vote for something like a communist or green party candidate, but they'd mess up my life even more.

    Ah, choices, choices.

  35. SCO continues to fail... by talks_to_birds · · Score: 4, Insightful
    ...to realize they're not trying this in any court of public opinion.

    They're going down in flames in every court they're fighting a legal battle, and they somehow think public opinion is either:

    • going to change in their favor
    • going to matter at all after Lindon Utah is reduced to a smoking crater, salted, and plowed under
    just because people get to read some emails from IBM that (in SCO's opinion) kinda look bad.

    Actually, the way SCO's research has been going, they've totally misunderstood the meaning of the emails and as soon as they're made public SCO will have made complete and utter fools of themselves, once again...

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
    1. Re:SCO continues to fail... by antiMStroll · · Score: 1
      " ...to realize they're not trying this in any court of public opinion."

      As others have suggested above, this could be exactly the battle those who fund them care about.

    2. Re:SCO continues to fail... by tgibbs · · Score: 1

      SCO continues to fail to realize they're not trying this in any court of public opinion.

      I'm not so sure. After all, public opinion influences stock price. So they announce a new legal tactic, the stock bobs up, and they sell. Then it gets revealed to be bogus and the stock slides and they buy. Even if SCO loses in court (and they may not even really expect to win), the principals will probably walk away rich men from churning their stock.

    3. Re:SCO continues to fail... by Anonymous Coward · · Score: 0
      I'm on PJ's "enemies" list! Are you?

      Yeah, I am too, but seeing as you joined PJ in crying "troll" towards me, I have no misgivings that you received the same treatment. You helped feed her unjustified paranoia and now she's so convinced there's a conspiracy that she turns on everybody that doesn't fawn over her.

  36. Artists against SCO scm unite by Anonymous Coward · · Score: 0

    keep the site opened, for reading purposes of course :)

    http://www.caldera.com/ibmlawsuit/

  37. Puhleez! by Anonymous Coward · · Score: 0

    Oh come on! O'Gara is known to smoke just as much crack as the SCO Group. I can't believe this got posted.

  38. How long has this been going on by Anonymous Coward · · Score: 0

    and we still don't know what SCO is complaining about?

    Linux contains our IP? We was just foolin' your honor.

    We do own the copyrights, and don't you forget that. Oh, your honor, they hurt our feelings when they said we didn't.

    The contract says that everything in AIX is derivative. No your honor, we weren't there, we have no evidence.

    Groklaw spins for linux, no question. But at least the documents are available. SCO spins some garbage and a journalist prints it? Shame on you. Did they give you any documents to share with us?

    Derek

  39. Ho Hum... by BrokenHalo · · Score: 1

    Another fine day on Coronation Street...

  40. Media stunts by Muttonhead · · Score: 1

    This is all just a media stunt.

  41. More bluster from SCO by xyote · · Score: 2, Insightful

    The documents they want unsealed will not show what SCO purports them to show. But SCO knows the court won't unseal the documents. But it's a nice propaganda ploy. Present impossible demands for discovery or evidence and then claim that it's someone else's fault you can't prove your case.

  42. What legal difference does it make ? by richg74 · · Score: 4, Interesting
    So the story is that SCO is going to ask the court to unseal some of the evidence to show that IBM has been naughty and committed fraud.

    IANAL, but I don't think this would have any effect on the outcome of the legal proceeding at all. Evidence is evidence, whether it's under seal or not.

    It seems to me that this is just another example of SCO's lack of real interest in the lawsuit as a legal proceeding. Their real interest seems to be flogging their story through their paid shills and credulous members of the press. The only consistent thread in their legal filings seems to be a desire to drag the case out as long as possible.

    Can you say "pump and dump"?

    1. Re:What legal difference does it make ? by cdrudge · · Score: 1

      SCO is fighting on 2 different battlefronts. They have the court room battles that, as of so far, they seem to be losing. Then, in the court of public opinion, they are losing severly.

      They know that even if it is proven that IBM did something wrong and pays for it, their business is finished with. No one will do business with them at that point.

      So they want to get all this incriminating evidence out to the public now so that they can use it as ammo in the court of public opinion.

  43. I believe we should do this... by jwcorder · · Score: 1
    I think that the Attorney Generals of each state should ban together and sue SCO for wasting tax payer dollars by coming up with all these horseshit lawsuits.

    --
    http://jayceecorder.blogspot.com
  44. Bad TV Show by Perseid · · Score: 1

    When you have a TV show that's going downhill, you kill somebody off, or make somebody pregnant, or something similar. I think SCO is realizing their ratings are dropping again and this is another attempt to recapture viewers.

    This show is soon going to be cancelled because nobody is going to care anymore. And once SCO loses their headlines, this is all for naught. After all, this certainly isn't about any legal justice.

  45. Can SCOX add Fraud charges? Simple test. by eddy · · Score: 1

    1. Was the Monterey contract between IBM and Caldera?
    2. Did it include a Change of Control clause?
    3. Did control change from Caldera to The SCO Group?
    4. Case closed.

    --
    Belief is the currency of delusion.
    1. Re:Can SCOX add Fraud charges? Simple test. by borgheron · · Score: 1

      A change of control clause isn't necessary when dealing with corporations. When a company is bought out or a company buys a division (of set of properties) from another company, the buyer becomes what is called a "successor in interest" to any and all contracts, debts, and obligations which the entity or property it bought held.

      In english... company a buys company b, company a steps into the shoes of company b in a legal sense.

      Additionally, my understanding is that Caldera->SCO was a name change, not a buyout. Caldera did, however, buy out the UNIX business of the Santa Cruz Operation (original SCO). The rules I outlined above apply in that case.

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
    2. Re:Can SCOX add Fraud charges? Simple test. by ansible · · Score: 1

      What you said is true, but you've left out a couple things.

      The original SCO still exists, it is now called Tarantella. Caldera only bought a portion of SCO. Then decided to rename itself SCO. What exactly did they buy? Don't know. We haven't seen that contract.

      Also, any contract, such as the Project Monterey one, may have specific clauses which address change-of-control issues.

      Remember, you can put just about anything into a contract, if both parties agree to it. We could have a contract that states that if you should ever paint your face blue, I have to pay to five bucks. And that you have to give me all your IP rights if you paint your face green instead.

      If anyone at SCOX (the current SCO) honestly believes they have a case against IBM (as opposed to the bunch of dishonest thieves I believe inhabit their headquarters), then they did a very poor job of due dilligence prior to giving cash to original SCO (now Tarantella). They didn't understand whtat they got, what they didn't get, and what their obligations were. The SCOX investors should be suing the managment, if anything.

    3. Re:Can SCOX add Fraud charges? Simple test. by Ohreally_factor · · Score: 1

      It depends on what the clause actually says. If the clause says all bets are off if there is a change in control, that does have a great deal of bearing.

      This is all speculation, though. The only place I've seen the issue of such a clause come up is in the transfer (or non transfer) of copyrights from Novell to oldSCO to newSCO.

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Can SCOX add Fraud charges? Simple test. by ejhuff · · Score: 1
      1. Was the Monterey contract between IBM and Caldera?

        Well, actually, it was between The Santa Cruiz Operation (Old SCO) and IBM. The unsold part of Old SCO is now known as Tarentella.

      2. Did it include a Change of Control clause?

        Yes. See the full text of the Monterey contract for details.

        ... IBM shall have the right to terminate this Agreement immediately upon the occurrence of a Change of Control of SCO which IBM in its sole discretion determines will substantially and adversely impact the overall purpose of the cooperation ... or will create a significant risk or material and adverse exposure of IBM's confidential and/or technical proprietary information....
      3. Did control change from Caldera to The SCO Group?

        Well, actually, control changed from Old SCO to Caldera International, Inc. , which later renamed itself The SCO Group (SCOX). For most of the gory details of the transfer, see the Agreement and Plan of Reorganization between Caldera and Santa Cruz Operation. Don't forget the ammendments, which were made prior to close. Old SCO contributed all of the stock of certain of its subsidiaries to Caldera International. It certainly looks like this transaction would trigger the Change of Control clause, so that IBM would have the right to terminate the agreement. I don't know if IBM did terminate the agreement. I suppose that "immediately upon" means "immediately upon or anytime after" rather than "immediately upon, but not more than X days after..."

      4. Case closed.

        Actually, the cases aren't over, and won't be for quite a while. Even the Dalmer-Chrysler case is dragging on. Keeping the cases undecided seems to be the whole point of the exercise.

  46. Please Open Your Eyes by Saeed+al-Sahaf · · Score: 3, Insightful

    Well... Judging by main stream press which is the press most people read, not LinuxWorld, AND taking into consideration that for the most part, in the main stream press SCO FUD has worked reasonably well, yes, I think some stupid web site will generate some sympathy.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Please Open Your Eyes by 0x0d0a · · Score: 4, Insightful

      And by "mainstream press", I take it that you don't mean the Wall Street Journal, which I remember reading a SCO article in. It was entitled something like "David versus Goliath", and pointed out that Linux was a huge juggernaut and SCO a very small contender with a very weak legal case. The article ended saying "this is one battle where you'll want Goliath to win."

    2. Re:Please Open Your Eyes by Frankie70 · · Score: 2, Informative


      I think some stupid web site will generate some sympathy.


      Talking about the website,
      I tried it in both Firefox & IE. In firefox, the
      "Roll mouse over timeline icons to see summary of each document." doesn't work.

      Is this a problem with the website or with Firefox?

    3. Re:Please Open Your Eyes by bdsesq · · Score: 1

      Does anyone else see a problem with a *nix vendor having a web site that only works properly for IE?

      Oh wait. They aren't a software company after all. They deal in hopeless litigation. Now it makes sense.......a hopeless website for a hopeless case.

    4. Re:Please Open Your Eyes by Anonymous Coward · · Score: 0

      Judging by your egregious use of emphasis, I get the impression that you are one of the people who cry because nobody uses the blink tag anymore.

    5. Re:Please Open Your Eyes by vsprintf · · Score: 1

      Does anyone else see a problem with a *nix vendor having a web site that only works properly for IE?

      And you think they should tick off the guys supplying the money by supporting other browsers?

    6. Re:Please Open Your Eyes by Branvanman · · Score: 1
      Well, duh. Like if that website were any news. That site has been up for quite a while and I laugh at the idea that it aims to be a groklaw contender.

      all you get on it is a few outdated court filings without commentary or reference to anything of relevance whatsoever.

      All I can say to them (sco) is: good luck.

      My comments are mine, not SCO's nor anyone else's

    7. Re:Please Open Your Eyes by ruiner13 · · Score: 1

      The morons used the ALT attribute of the img tag to display the info. My guess is they should have used the title attribute instead. You can see the info in Firefox by right clicking on each image and getting properties. Or view the source of the page. Or better yet just pretent SCO doesn't exist and perhaps they will just go away (out of site, out of mind).

      --

      today is spelling optional day.

    8. Re:Please Open Your Eyes by Saeed+al-Sahaf · · Score: 1

      Yes, I *DO* think Slashdot should allow the B*L*I*N*K tag.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  47. Caldera cherry picking documents by ImpintheBox · · Score: 1

    A brief look at the Caldera lawsuit page shows a lot of relevant court documents posted. Someone unfamiliar with the case might be mislead into thinking that this is a pretty thorough picture of what is oing on in the case.

    Glaringly absent are the depositions of Otis Wilson and Randall Davis. Otis Wilson, former head of AT&T's Unix licensing thoroughly shoots down the Caldera/bogoSCO contract nonsense. Randall Davis, possibly THE leading authority on software opyright issues wipes out all claims of SysV Unix copyright infringement in Linux, whether by IBM or anyone else.

    The SCO vs IBM case is, has been, and always will be a fraudulent lawsuit.

    1. Re:Caldera cherry picking documents by qcomp · · Score: 1
      Randall Davis, possibly THE leading authority on software copyright issues wipes out all claims of SysV Unix copyright infringement in Linux, whether by IBM or anyone else.

      Davis has compared only those contributions of IBM to Linux that SCO has named as containing infringing code. At least his declaration makes no statement about other parts of Linux.

      (For SCO's lawsuit that is damning enough, though.)
  48. Simple by microbox · · Score: 2, Insightful

    Because the legal system occupies a different mind-space.

    Go to a bookshop, and pick-up a book on running a small business, and read the chapter on going to court...

    There is a reason why public faith in the legal system is at an all time low.

    --

    Like all pain, suffering is a signal that something isn't right
  49. LOL by Tonik,+the · · Score: 1

    http://www.caldera.com/ibmlawsuit/

  50. Hmmm lets see... by polyp2000 · · Score: 1

    Fraud (n)

    1) A deception deliberately practiced in order to secure unfair or unlawful gain.

    Hmm , now given 2 companies , IBM and SCO ... and given the evidence - who do we think the dictionary definition of fraudulant bastards best describes ?

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  51. There are no taxpayer costs by Anonymous Coward · · Score: 0

    WTF are you talking about? The gov is not involved. Someone is going to pay court fees. So where do you get taxpayer money from?

    1. Re:There are no taxpayer costs by jwcorder · · Score: 1
      Taxpayer money goes to judges, clerks, baliff, hell the cost to keep the lights on. Court costs to not pay to keep all of this going. Not to mention someone who keeps the paperwork.

      You may think that just because someone sues someone else that there is no penalty to the common man involved in the outcome, but it takes more money then the average cost of court to put on a three ring circus for that.

      --
      http://jayceecorder.blogspot.com
  52. Sounds like another publicity stunt to me by Hortensia+Patel · · Score: 1

    1. SCO makes unsubstantiated accusations about fraud.

    2. SCO asks court to unseal record.

    3. Court quite properly refuses.

    4. SCO bleats to press about this vast blue-wing conspiracy which, alas, they can't offer any evidence for because the nasty tricksy court won't let them.

    5. SCO stock blips up a bit the way it always does on SCO publicity, no matter how bad.

    6. Profit! Or, perhaps more accurately, slightly mitigated loss for a day or two.

    Film at 11.

  53. The story at linuxworld by michrech · · Score: 5, Funny

    The story
    at linuxworld
    was very
    difficult
    to read
    all the
    way
    through.

    What
    were
    they
    thinking?

    --
    bork bork bork!
    1. Re:The story at linuxworld by Anonymous Coward · · Score: 0

      Lots of LinuxWorld stories are like that. That is because LinuxWorld spends more time making sure their ads display properly right in the middle of the article (where you can't miss them) than they spend making sure the article is readable.

      I believe they feel most people come to their site to read the ads...

    2. Re:The story at linuxworld by Skiron · · Score: 1

      Yesifthefirstlinewasalllikethisthenthepagewouldren derproperlyandexpaintosuit.

      Linuxworld indeed. They haven't a clue.

    3. Re:The story at linuxworld by Ohreally_factor · · Score: 1

      I'm using Safari, so I don't know this mere speculation, but maybe Linuxworld only works properly with Internet Exploder?

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:The story at linuxworld by Rimbo · · Score: 1

      Worse than that -- it was as pro-SCO and anti-IBM as Groklaw is pro-IBM and anti-SCO, except that it lacked the millions of eyeballs peering for corrections and errors.

      It was biased without evidence to back up its bias.

      PJ may be a shill, but she's at least a shill with an eye for evidence, facts, that sorta thing.

      Hell... she's given IBM the benefit of some rock-solid research for their case. Can't gripe about that.

    5. Re:The story at linuxworld by Anonymous Coward · · Score: 0

      PJ is not a shill. I can speak with some authority on this subject, because I am PJ.

      I have no connection whatsoever to IBM and nobody pays me to write Groklaw. I do it as a thank you to the community for writing software I enjoy and appreciate. All the rest is just FUD, put out there to make people not take Groklaw seriously.

      PJ

  54. Argh shit, where's my "Edit" button? by Tonik,+the · · Score: 2, Interesting

    Ok so I go to http://www.caldera.com/ibmlawsuit/ and see the two rows of icons titled "2003" and "2004", with a comment: "Roll mouse over timeline icons to see summary of each document. Click on icon to view document."

    I hover the mouse over the icons, but wtf? Nothing happens? I take a peek at HTML source (made easy by Firefox's excellent "view selection source" feature) and what do I see?

    These idiots think that if "alt=" pops up a description in Internet Explorer, then so it does in other browsers. (No it does not, HTML standards says you need title= for that)

    Now this is the website of the company who thinks it owns Unix.

  55. redundant, but i must say... by Anonymous Coward · · Score: 0

    SCO should be the one chared with frivolus lawsuit and fraud!!!

    hurry up and die already sco...

    IBM hurry up and clean sco's clock...

    yours truely anony_mouse cow_ard

  56. No, it's Mr. Silver by overshoot · · Score: 4, Informative
    Silver was the BSF attorney at this week's hearing. He's supposed to be one of BSF's top guns, but his main contribution to the hearing was snores -- he visibly slept through the proceedings.

    This case will be well argued - and that is a good thing.

    Not so far -- it's turning into a textbook case in "1001 ways to ruin a case." BSF has contradicted itself not only in its filings in different courts, but even in its filings before the Utah court. It's misrepresented the orders and findings of the Magistrate Judge to the District Judge, with the Magistrate's assistants present.

    When Judge Kimball asked Mr. Frei (SCOX Counsel) to explain the contradictions between their filings in Delaware and their filings in Utah, he tried to change the subject. The Judge then pointedly demanded a responsive reply, whereupon Mr. Frei deferred to Mr. Silver as the expert on the Delaware case.

    At this point Mr. Silver woke up, tried to change the subject, and finally simply declared that there was no contradiction -- not, as you may imagine, a response calculated to reassure a United States District Judge who'd already commented on those very contradictions himself.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:No, it's Mr. Silver by Citizen+of+Earth · · Score: 1

      The Judge then pointedly demanded a responsive reply, whereupon Mr. Frei deferred to Mr. Silver as the expert on the Delaware case.

      Well, the judge got the responsive reply he was looking for: "Yes, there are contradictions between the filings and we have no reasonable explanation for them."

  57. Who Cares ? by CmdrGravy · · Score: 1

    Why should SCO care whether or not the public can see the 'evidence' in these sealed documents ?

    You would have thought it was the legal case going through the courts they would be concerned about, and everyone involved there can see these documents anyway.

    SCO has been saying for a while now

    "Yes, what's happening in the courts right now might not look terribly positive. But you wait, if only you could see everything we can see you'd certainly be in no doubt about how right we are and how we deserve everything we are asking for."

    This effort is probably just an attempt to make those claims sound a bit more convincing, the court may well not un-seal the documents ( and if they are that damaging to IBM I can't see how they'd agree to it ) in which case they can continue saying "Look, all this evidence IBM is trying to hide ! It proves we're right !". If the documents are released they will just issue more nonsense press releases and try to pretend this case is about something other than what they are claiming in court.

    Most amusing would be if IBM helped get the documents unsealed and called there bluff.

    1. Re:Who Cares ? by Skiron · · Score: 1

      Most amusing would be if IBM helped get the documents unsealed and called there bluff.

      And to be honest, I really don't think IBM have anything to hide anyway, so it will not surprise if they do now.

  58. Mod -1, funny by overshoot · · Score: 1
    From what I understand, what SCO is doing is legal high comedy.

    More like "low farce." I'd moderate SCOX at "-1, Troll."

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  59. Fool me once, shame on you, fool me twice, .... by WindBourne · · Score: 1

    shame on me.

    Sometime ago, I suggested that SCO might have something to their suit just to give them the benifit of the doubt. The problem is that with every twist of their lawyers, NOTHING shows up. Nada. Zip. Zero. Zilch. Time to move on as darly and the rest are total liers.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Fool me once, shame on you, fool me twice, .... by Ohreally_factor · · Score: 1
      You got that saying wrong. It's:

      There's an old saying in Tennessee -- I know it's in Texas, probably in Tennessee -- that says, fool me once, shame on -- shame on you. Fool me -- you can't get fooled again.
      --
      It's not offtopic, dumbass. It's orthogonal.
  60. Poor Baystar by Lucky+Kevin · · Score: 1
    They didn't get much for their shares. They recently sold SCO stock at $3.90. Compare that to Thomas Raimondi, an SCO Director, who bought at $1.12 and sold at $11.21 last April.

    Check out Yahoo's SCOX insider trading

    That's what you get for backing these poeple and helping cause all this FUD in the first place.

    --
    Kevin
    "It's not the cough that carries you off, it's the coffin they carry you off in" O. Nash
  61. Re:Insult + Injury - And their website sucks by happyemoticon · · Score: 2, Insightful
    I'd only call their website a counter to Groklaw if they allowed comments, and they don't.

    And I think I speak for all slashdot users when I say that when I heard about this supposed counter-site, the first thing I felt was a deep urge somethin' powerful to go over there, troll and /. their website into oblivion. That's a nice illustration of their ideal business model: SCO pontificates to the community, and the community can't respond. Captive audience, or vendor lock-in, whatever.

  62. Re:Not hard to fig. out the origin of theSCO donat by rajafarian · · Score: 1

    The goal of all this is to scare users away from open source software...

    What if the purpose is NOT to scare users away from OSS but to scare IBM and other large corporations from participating in its development?

  63. Doesn't stock have to $5/share to short? by datadriven · · Score: 0

    Is this just a publicity stunt to raise the stock price so they can short some more of it?

  64. CS Degree? by Anonymous Coward · · Score: 0

    Why do these SCO lawyers seem like so many project managers I have worked with who cant code or read code (or design code or etc code) worth a damn?

    Why cant Lawyers or Project Managers who deal with code specialize abit and get a CS degree to boot?

  65. Propaganda War by Zenmonkeycat · · Score: 1

    First MoveOn showed the power of internet organizations in shaping public policy. Now, SCO (and its legal Dream Team) is having its ass handed to it by a site written by someone who is not a lawyer.

    Its good to see that our increasingly corporate-dominated government has a steadily increasing number of shreds of Democratic Republic making their way to the top of the political gumbo.

    I support a true patriot in '04: The Democratic-Republican Thomas Jefferson! Who else will eliminate the Whiskey Tax, and show our national resolve by fighting the Barbary Pirates?

    --

    *****
    Dear Mary,
    I yearn for you tragically,
    A.T. Tappman, Chaplain, U.S. Army.

  66. Re:new low 4 SCO (but thanks for inuring the publi by Bacardi151 · · Score: 1

    Well I, for one, welcome our new evil alien overlords.

    As long as these evil alien overlords finish SCO off, then the global takeover wont be as bad as people thought.

  67. If our judges weren't bought and sold by MacFury · · Score: 1
    It would be nice, if people were nice...here in America everyone is a dick. So if you're the little guy, trying to sue the big guy for a legitimate reason, and you lose...you're really really screwed because now you bear the burden of their legal costs.

    I'd personally like to see more justice done with bats and bullets. Did you take my car stereo? FIne, then I get to take out your knee caps with my bat.

    1. Re:If our judges weren't bought and sold by farnz · · Score: 2, Insightful

      This is why the judge gets discretion to cap costs, and to refuse to award costs; if I sued IBM, and lost on a technicality, IBM would probably still pay costs here in the UK.

  68. At least they got one thing right... by Anonymous Coward · · Score: 0
  69. Shouldnt IBM sue SCO for fraud? by Anonymous Coward · · Score: 0

    Isn't SCO's fraud started all this mess? The court and the public like to see all the emails, internal memos, and letters sent from SCO execs and the Canopy group.

  70. Love The timeline by Tragek · · Score: 1

    Especially since it's IE only.

  71. +5, troll by MrHanky · · Score: 2, Funny
    More like absurd drama, Waiting for the Law or something like that:

    McBride: You're right. We're unexaustible.
    Silver: It's so we don't think.
    McBride: We have that excuse.
    Silver: It's so we don't hear.
    McBride: We have our reasons.
    Silver: All the dead lawsuits.
    McBride: They make noise like wings.
    Silver: Like leaves.
    McBride: Like sand.
    Silver: Like leaves.


    (with apologies to Samuel Beckett)
  72. Losing Streak Recently? by Anonymous Coward · · Score: 1, Interesting

    "Boies is one of the best litigators in the country."

    Hmmm he lost the Gore recount case in Florida. Before that he did poorly in the Microsoft federal monopoly case. Now hes losing in the SCO case.

    Seems like one of the worst litigators in the country if you ask me.

    1. Re:Losing Streak Recently? by StormReaver · · Score: 2, Interesting

      "Before that he did poorly in the Microsoft federal monopoly case."

      Actually, Boies enjoyed a slam-dunk victory against Microsoft in Microsoft's antitrust case. He won nearly every single argument he made. It was the judge hearing the case, who found Microsoft guilty on most counts, that bungled the case and turned the Boies victory into a resounding loss.

      Microsoft lost every legal battle, but won the war on a technicality.

    2. Re:Losing Streak Recently? by Ohreally_factor · · Score: 1

      It's not all Jackson's fault. Blame also the Ashcroft DoJ, that basically rolled over for MS.

      --
      It's not offtopic, dumbass. It's orthogonal.
  73. SCOCLUB by Anonymous Coward · · Score: 0

    On a long enough timeline, the chance of SCO accidently telling the truth rises to 100%

    <chanting> His name was Darl McBride, his name was Darl McBride

    <McBride> Me and the lawyers would go around selling licences to hackers. It was beautiful, we were selling their own code back to them.

    <waiter> Is that all?
    <girl> yes
    <McBride> wait, *clean* code please
    <waiter> then I wouldn't recommend linux

    <McBride> X is the cost of a lawsuit against our own customers, B is the potential payoff of the lawsuit, Y is the cost of actually innovating and running a real business. If B minus X is larger than Y, we don't innovate.
    <lady> Which unix company do you work for again?
    <McBride> A major one.

    <McBride> With enough intellectual property, we could sue just about anyone.

  74. SCO'S next lawsuit will have a pretty good chance by Crashmarik · · Score: 3, Insightful

    Because it will have to be malpractice against boies. Given the material on groklaw it looks like they will have alot of evidence

  75. How many times have SCO changed their story now? by mark-t · · Score: 1
    I've completely lost track... Has anyone actually kept a chronology of the actual distinct number of times that SCO has changed their story now?

    I'm sure that SCO's inability to focus on any one particular claim for more than a few months at a time (during which it completely gets decimated, it seems) will not reflect very positively on them when IBM and SCO have their day in court.

  76. Cheerleading Against SCO by tabdelgawad · · Score: 3, Interesting

    On almost every topic that's discussed on Slashdot, the comments will generally reflect opposing points of view. Even Microsoft, Real, Spammers, and the anti-Apple crowd get a hearing, notwithstanding that opinions are skewed against them 99:1.

    Except in the case of SCO. Here, the comments are 100:0. There is no discussion, only exhortations to the faithful, followed by a large chorus of 'Amen', all modded +5. Visiting the site that's supposed to provide serious legal background, Groklaw, is like visiting a very learned religious site inquiring about the existense of God: long, incomprehensible, philosophical discussions invariably concluding that God indeed exists based on incontrovertible evidence, that all doubters' motives are suspect, and that they'll probably all burn in Hell anyway.

    I'm writing this comment from frustration. Not because I want SCO to win (my homebrew server is running Linux, after all), but because I want to be informed. I want to get a somewhat balanced view generated from opposing opinions. I don't really know what to suggest. Maybe mods shouldn't be so quick to tag any vaguely pro-SCO comments as trolls? Are there even any pro-SCO comments to begin with?! Maybe a Slashdot Interview with a SCO rep?

    If SCO wins in any of its legal claims, I don't want to sit there blaming the stupidy of the US justice system and impugning the motives of the presiding judge. I want to know where such a SCO victory could come from. I can't be the only one who believes that there are at least two sides to every issue, even if they're not equally reasonable.

    OK. Enough of this 'I want' 'I don't want' 'I want' post. Let the flames begin, if this even gets noticed!

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:Cheerleading Against SCO by ljavelin · · Score: 3, Insightful

      If SCO wins in any of its legal claims, I don't want to sit there blaming the stupidy of the US justice system and impugning the motives of the presiding judge. I want to know where such a SCO victory could come from. I can't be the only one who believes that there are at least two sides to every issue, even if they're not equally reasonable.

      However, if SCO does win a legal claim, I'm sure it'll be documented and discussed.

      However, as of right now, no one seems to have enough information to conclude that any of SCO's claims are on solid ground. That's likely why the public's opinion is about 98 to 2 against SCO. If SCO had produced and released some solid evidence, then I'm sure opinion here would change significantly.

      The courts are where cases are decided, not on slashdot. If you want to read the pro-SCO comments, feel free to look at the "0" and "-1" posts, and moderate them up if you think they're fair. I will too. but not here, cause I already posted and am ineligable to moderate here and now.

    2. Re:Cheerleading Against SCO by Crashmarik · · Score: 1

      Instead of an insult against Slashdot readers can you come up with examples ? or at least possible points sco may have on its side

      Groklaw provides facts, the original documents and transcriptions that would be very hard for the regular reader to obtain. They ask you to take nothing on faith or based on an argument from authority.

      I will say this I don't wan't SCO to get anything from this. Anyone who has been a victim of a pump and dump knows how despicable this type of activity is. Do you remember Syquest ?? Do you remember any of the hundreds of tech companies that used this as their officers exit strategy during the bubble ?

      I applaud groklaw because they were the first of the wave. Rathergate is the second of the wave I am looking forward to the day when I can believe what I read because no one will dare commit falsehoods to print

    3. Re:Cheerleading Against SCO by 0x0d0a · · Score: 1

      I agree with you that Groklaw (and following it, PJ) has slowly slid from the extremely objective approach that once appeared into SCO bashing. I'm quite certain that this is not an intentional propaganda approach -- it's simple human frusteration at how ridiculous the case is.

      However, I disagree with you that there's "another side" that just isn't being told. Almost all of SCO's current claims are pretty ridiculous. There's really no plausible scenario in which SCO could win in a manner that would recover their company, and it's essentially impossible to win in a way that would damage Linux. When SCO first started making claims, sure, there was outrage, but people cracked down, analyzed, and posted about both sides of the problem -- LKML folks, for instance, examined their copyright procedures and agreed that they could be tighted up (funny -- almost every closed source project that I've had access to source code on has had legal problems of one sort or another, but open source projects tend to be pretty clean). The current claims from SCO are, pretty much, ridiculous.

    4. Re:Cheerleading Against SCO by Linegod · · Score: 1

      Don't read the comments on Groklaw. Just read the main story (with a grain of salt) and read the court documents.

      --
      -- I care not for your foolish signatures.
    5. Re:Cheerleading Against SCO by CmdrGravy · · Score: 4, Insightful

      That's not through any bias on the part of ./ or Groklaw.

      First of all Groklaw mainly just reports on the court documents, you can read them and draw your conclusions just as PJ does and draws hers.

      Secondly if you can find anything, anything at all which leads you to believe SCO may have a genuine case and might win it then please post here and we can discuss it, the fact that as yet no one on ./ has managed to do this is simply evidence that such a thing is so hard to find.

      You'll notice that most reports in the media now are simply reporting what SCO said and no positive comments on SCO except for journalists like Maureen who write opinions based on a seriously flawed analysis of what ever it is that has happened they are reporting on.

      It seems like you are not classing Maureen O Gara's comments as a sensibly balanced opposite point of view yet she and her ilk are the only people painting SCO's chances in a positive light which is in itself an interesting comment on the case.

    6. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 2, Interesting

      I'm a non-linux advocate (don't run it, don't care.) I am interested in keeping up with technology so I poke around of various sites, including slashdot. But I'm more interested in legal disputes. Since this is such a public one it has drawn my attention.

      I think the thing is that if you take the time to read the legal docs (I've read most of them) you'll find that SCOX's claims are patently ridiculous. They just don't have a case, it's all built on bluff and bluster. I've seen the post here and on groklaw saying "let's give these guys a chance" but SCOX has had many chances to back up their talk with proof, yet had come up with zip, zero, nada. Remember that that this has been going on for well over a year. At first there was a real question about whether SCOX had a case, now their claims have been exaustivly examined and it is well established that they don't. It seems entirely obvious to even the casual observer (like me) that the motivation for bringing this case was something other than victory on it's merits. A pump and dump stock scam, an attempt to be bought out, a MS paid for smear attempt or just plain old blackmail seem to be leading candidates.

      So posts that seek to legitimize SCOX's legal case or treat it like it is legitimate are going to reap scorn because there just isn't any legitimacy in it. If their case did have any merit you would probably see more actual discussion about it here and on Groklaw. But the time for taking it seriously is over. It's bogus, so all you see is cheerleading. Yes, like real cheering, it's somewhat pointless, but fun anyway.

      True, there may be evidence that we don't know about or future developments. Rest assured that if anything comes up that is legitimate it will be taken seriously.

    7. Re:Cheerleading Against SCO by CmdrGravy · · Score: 1

      I've been through all the comments to date on this thread even at -1 and I can't see a single one suggesting SCO may be in the right or stand a chance of success.

    8. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      Are there even any pro-SCO comments to begin with?

      Surf at -1 and see for yourself. The moderators aren't hiding anything from you, they lack the ability to do so.

    9. Re:Cheerleading Against SCO by antiMStroll · · Score: 2, Insightful

      Evidence isn't weighed by quantity, but if you want the counter-balance SCO's site provides plenty. Are you sure you're not asking for the equivalence of more balance about 'the faked moon landing' and abrading NASA for "long, incomprehensible, philosophical discussions"?

    10. Re:Cheerleading Against SCO by wrecked · · Score: 5, Insightful
      SCO has a falsifiable hypothesis: IBM copied code from its AIX operating system to Linux. However, the evidence disproves this hypothesis.

      Further, SCO has not helped itself by issuing numerous public statements that contradict their representations in court.

      As far as Groklaw goes, as a lawyer I cannot emphasize enough how innovative and unique that website is. Sure, Pamela Jones has a distinct bias, but at least you know up front where she stands so you can evaluate her opinions accordingly. The real value of that site is the sheer comprehensiveness of the public statements and filings organized in its database. A resource like that would cost someone tens (or possibly hundreds) of thousands of dollars to compile privately, and yet here it is offered to the public for free. It's like open source litigation, and I hope that Groklaw or sites like it continue in the future for other legal/political/social issues (software patents anyone?).

      I think that these stories on SCO are so one-sided because after more than a year on this story, it has been thoroughly exposed to the point of ridicule. It's sort of the way that the public responds to other types of lawsuits that seem frivolous at first glance; it's possible that a seemingly frivolous lawsuit may have have merit, but that doesn't stop the public from being highly sceptical.

      SCO's problem is that they decided (highly unwisely from a litigation viewpoint) to spin their action in the press. This is completely contrary to standard practice when it comes to lawsuits ("No comment, the matter is before the courts"). All of their ill-informed, contradictory and bombastic press quotes are coming back to haunt them, as you can be sure that IBM will use any prior inconsistent statement to cross-examine and impeach their evidence now.

    11. Re:Cheerleading Against SCO by Idarubicin · · Score: 2, Insightful
      Visiting the site that's supposed to provide serious legal background, Groklaw, is like visiting a very learned religious site inquiring about the existense of God: long, incomprehensible, philosophical discussions invariably concluding that God indeed exists based on incontrovertible evidence, that all doubters' motives are suspect, and that they'll probably all burn in Hell anyway.

      But...Groklaw doesn't just provide slanted analysis. The legal documents--filings, affidavits, memos, motions, as many as they can get their hands on--are all scanned and available online.

      I'm probably in the minority here, but I have read many of the legal filings. By and large, the comments of PJ are on the money, and don't misrepresent the contents of the documents. The comments are laced with heavy doses of schadenfreude, but I think they are factually correct.

      If you want entirely unbiased coverage of the trial, then you can't rely on anybody's analysis and coverage. You have to read the documents for yourself. PJ has, bless her heart, actually provided them on Groklaw. Providing access to primary sources is a damn sight more open and honest than what most other news commentators give....

      --
      ~Idarubicin
    12. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0
      That's likely why the public's opinion is about 98 to 2 against SCO. If SCO had produced and released some solid evidence, then I'm sure opinion here would change significantly.

      You say it's likely, but this simply isn't true.

      Outside of /. and groklaw public opinion is quite supportive of SCO - considering its stock price is still up 400% from June of '02. Sure, now there's some increasing doubt, as the stock came down from lofty heights of being 5000% over their 2002 prices.

      But the fact remains that with a 400% increase compared to the pre-lawsuit-SCO, public opinion is strongly in support of SCO's claims.

    13. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0
      this analyst group has been the most vocal in support of SCO - for example in his How I came to Favor SCO.

      It's hard for us to understand why this analyst group (a husband/wife team) is respected enough that lots of large companies (he claims Microsoft and most PC manufacturers) pay him, and lots of press quotes him.

      Since he has so much industry support despite his really poor writing style I guess these companies must think he knows something.

      Beyond his reports, though, it's really hard to find anything in support of SCOs position, though.

      So I guess the reall issue is whether or not Enderle is some sort of psychic visionary, or just a well-payed microsoft shill.

    14. Re:Cheerleading Against SCO by Master+of+Transhuman · · Score: 1

      "If SCO wins in any of its legal claims"

      If that's what you're worried about, the only way that's going to happen is if George Bush (at Bill Gates' order) calls an air strike on IBM HQ with B-52's to root out "Al Qaeda terrorists".

      Read my lips (to quote his father). SCO HAS NO CASE. NONE. PERIOD.

      And if you can't read the legal and technical analyses in Groklaw, you're too dumb to figure out why SCO has no case anyway.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    15. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      Darl? Darl? You're just giving those Slashdot bastards page views.

    16. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      Woah, first of all, a public stock isn't owned by all of the public - only a very small minority - and a minority that has a financial stake in SCO.

      Further, a 400% increase in what amounts to a modern-day penny stock isn't anything to brag about. Remember, over the past 5 years SCO has lost most all of its value, and it's painfully far down from where it used to be. The fact that it's floundering on the bottom is not impressive. Have you seen the charts?

      And remember, most analysts seem to recommend against buying SCO.

      I have the feeling that the people who are investing in SCO are investing a relatively tiny amount of money in a crappy cheap stock, taking a small risk, and hoping for a highly improbable large return.

      But for normal people, it's very likely that there are much more sound investments.

    17. Re:Cheerleading Against SCO by Ohreally_factor · · Score: 1

      Excellent advice.

      I actually find the analyses in the main stories pretty good, once I've filtered out bias. Since the bias is usually so over the top, it's not difficult, even for me.

      I used to read the comments as well, but that area of Groklaw has become almost like a cult. It's too bad, because I am sure there are insights to be gained there. It's just not worth it to me to wade through all the boring self-righteous crap.

      --
      It's not offtopic, dumbass. It's orthogonal.
    18. Re:Cheerleading Against SCO by Ohreally_factor · · Score: 1
      SCO's problem is that they decided (highly unwisely from a litigation viewpoint) to spin their action in the press. This is completely contrary to standard practice when it comes to lawsuits ("No comment, the matter is before the courts"). All of their ill-informed, contradictory and bombastic press quotes are coming back to haunt them, as you can be sure that IBM will use any prior inconsistent statement to cross-examine and impeach their evidence now.


      Which is why the whole situation makes no sense unless we look at other factors, i.e., pump and dump stock scheme, MS FUD campaign proxy.

      Asking the court to unseal certain documents is an admission of defeat, imo. They would be saying, "We're going to lose here, so we want to try the court of public opinion, where we had some early successes."
      --
      It's not offtopic, dumbass. It's orthogonal.
    19. Re:Cheerleading Against SCO by jbolden · · Score: 1

      I'm writing this comment from frustration. Not because I want SCO to win (my homebrew server is running Linux, after all), but because I want to be informed

      You can find more pro and con analysis in the threads from the early days of the case. At that point /. readers were reading the documents and trying to determine if any of SCOs claims could possibly be true. In general /. readers were overwhelming fair.

      The fact is the SCO case is exactly what the critics claim it to be total legal nonsense. There simply are not two sides. If someone filed a wrongful death suit against Tom Brokaw because Jenna Bush was killed Brokaw can come back with arguments like:

      1) Jenna Bush is alive
      2) A wrongful death suit must specify a particular time and act not just an assertion that a wrongful death took place
      3) He hasn't been in Houston in years so that even if she were dead it was unlikely he had opportunity

      etc.... At some point people would stop treating the claims as having any merit.

      The media for years tried to argue that Linux should be worried. For years the media has argued that the CEO of a multimillion dollar can't be saying stuff along the lines of "Mickey Mouse won the 2000 presidential election". The open source community has done their best to verify in everyway possible that the claims are false. What more can you ask for?

    20. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      its stock price is still up 400% from June of '02. Sure, now there's some increasing doubt, as the stock came down from lofty heights of being 5000% over their 2002 prices

      Oh, you mean that the price went from 50$ a share to 4$ a share in a year??? I guess those investors must be mighty unhappy. That's quite a turn of events, and implies to me that the only remaining shareholders are those who don't want to pay the transaction costs to dispose of the stock.

    21. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      Thank you very much, whoever you are, for understanding what I am trying to do with Groklaw. I don't know if you have a member account in Groklaw, but if not, please get one and come help us.

      PJ

    22. Re:Cheerleading Against SCO by Anonymous Coward · · Score: 0

      You are kind of tuning in in the 4th quarter asking why everyone is so convinced the home team is going to win (heck, they're only up by a couple of TDs). Initially there was a fair amount of discussion of the relative strenths of the two sides and their strategies but by early in the 2nd quarter it was crystal clear that the home team was dominating every aspect of the game. Right now we're at the point where, if this was a football game, the fans are thinking about beating the traffic and the home coach is starting to save his sstars for next week. Meanwhile, the visitors are talking trash and taking dumb penalties.

  77. Re:new low 4 SCO (but thanks for inuring the publi by kcb93x · · Score: 1

    And if they take out Microsoft, and let us keep using GNU/Linux/BSD etc, I think we'd take it!

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  78. Thou Shuldst not maketh fun of Maureen O'Gara... by R_Growler · · Score: 0, Troll
    Because:

    Maureen O'Gara is the publisher of Maureen O'Gara's Linuxgram(tm) (who would'ave thunk it) and she is an inhabitant of the parallel universe known as Maureen O'Gara's World(tm).

    In this world there are Rainbows and Unicorns and green grass and a large castle where King Darl(c) sits on his throne waiting for his princess Maureen.
    Today they are having her favourite for dinner; a big hot steaming plate of Cock O'Darl(tm), the only thing she will eat up completly.
    While she is dancing through the grass towards the castle she can not help but think about all the nasties that live beyond the Great Forest of Lawyers. In the dreaded land of The Real World where there are Groklaw'ers, Slashdotters, PJ's and the worst of them all The Penguin. Lately the meanies have started to assault the castle with Thruth, Facts and Reason, allthough they have countered the assaults with Lies, FUD and Hearsay, the attacks has not diminished at all.

    Oh, well. She will not think about that now. Soon she will crawl up on his lap, feel his gun pressing against her and feel his respect for her growing in his pants. Later, after dinner, maybe he'll talk to her about the Book of Mormon(r)(c)(tm) and why lying for personal gain is good. She can hardly wait...

    Sorry, I'm just starting to get fed up...
    -RG

  79. Fraud by Skiron · · Score: 1

    If that is the case, then that surely is another lawsuit separate from the 'millions of lines of code found in Linux' one going on here.

    SCO have lost the plot.

  80. US legal system is #1 by jjo · · Score: 3, Funny

    I'm afraid you're much mistaken. It's only the US system of easy-to-file lawsuits and 'everyone-pays' legal fees that make the US legal system what it is today: an efficient, unbiased forum equally available to all, both rich and poor. If we adopted the foreign 'loser-pays' system, we would immediately see the little people locked out of the courthouse and mercilessly persecuted by huge corporations. Such things never happen in the US now.

    Under 'loser-pays', the RIAA could hound innocent file-sharers into submission just by imposing legal expenses that could never be reimbursed! Oops, I got confused: that's what happens under the US system now. Never mind, the US system is still the greatest thing on Earth.

    To see just how valuable and attractive the US 'easy to sue' and 'everyone pays' system is, just consider all the other countries that have adopted it: ... hmm ... I guess there aren't any. Well, all those other countries are sure missing a good thing.

    1. Re:US legal system is #1 by Anonymous Coward · · Score: 0

      Under 'loser-pays', the RIAA could hound innocent file-sharers into submission just by imposing legal expenses that could never be reimbursed!

      Sigh.

      The whole point of "loser pays" is that it is DISCRETIONARY. That is, it is a punishment which can be inflicted on the loser if they obviously filed a frivolous lawsuit.

      It is not something which would be used to squish individuals who were sued by corporations.

      Thank you.

    2. Re:US legal system is #1 by mOdQuArK! · · Score: 1

      Actually, it might have an interesting effect if there were two U.S. federal constitutional amendments: a balanced budget amendment, and an amendment for free legal services for residents of the U.S.

      Once the Congress started getting cost-benefit reports back on how much every law & regulation that they are proposing would cost, I have a feeling that the current U.S. legal system would get a _LOT_ simpler & easier to maintain.

    3. Re:US legal system is #1 by beakburke · · Score: 1

      Dan Quale, of all people, proposed a loser pays system back during Bush Senior's term as President as a way of discouraging obvously frivolous lawsuits. I think this is referred to as the "English rule", except they modified it, stipulating that the losing side would pay the winning side's legal costs, but only up to the amount the losing side spent on it's own. Thus preventing a powerful/wealthy party from trying to break the other side with a giantic bill (or potential bill).

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
    4. Re:US legal system is #1 by beakburke · · Score: 1
      OH YEAH, great idea, let's subsidize lawsuit filings so that it doesn't cost anyone anything to file them. That's only going to open the floodgates. Right now there is at least some incentive (if not a lot) not to file totally frivolous suits. With this rule there is no cost to file essentiall.

      You are right that it MIGHT convince congress to simplify their regulations, but that's only half the problem (the other part being contracts). Plus it's going to take forever to rewrite all the rules. And we are going to be stuck with a huge bill.

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
    5. Re:US legal system is #1 by Mornelithe · · Score: 1

      If you'd bothered to read and understand his whole post, you'd have realized that he was being sarcastic, and was actually arguing for a loser-pays system, because any argument that you can make against it involves problems that the US legal system already has.

      You're welcome.

      --

      I've come for the woman, and your head.

    6. Re:US legal system is #1 by MrYotsuya · · Score: 1

      Dan Quale, of all people

      It looks like you and Dan have common inability to spell.

    7. Re:US legal system is #1 by beakburke · · Score: 1

      Y me :)

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
  81. Excited Me by CmdrGravy · · Score: 2, Funny

    I read 'Nurse' and was reaching to click on your profile when I saw the 'man'. How could you raise my hopes like this ?

    1. Re:Excited Me by Anonymous Coward · · Score: 0

      Maybe you and he can go to a chinese restaurant and nurse on "Gravy of Sum Yung Gie".

  82. I agree by Teahouse · · Score: 2, Informative

    SCO has lost the current case, but is still hoping to recoup it's losses from Monterey and a decade of bad business decisions. All this discovery has produced is a possible fraud charge. IANAL but I don't think there is much of a case there. Even if IBMers did discuss getting Sys 5 code by entering into an agreement over Monterey, the agreement/contract is the scope of it.

    IBM and SCO agreed to share and develop. If the agreement said either side could pull out at any time (what appears to be the case) then IBM did not commit fraud. If SCO's lawyers approved a contract that didn't lay out that all Sys5 had to be returned if IBM pulled out early, then that is just another bad business decision by SCO. You never share IP without having rock-solid guarantees that you will control that IP. It sounds like IBM entered into Monterey thinking win-win. We either develop a 64 bit Itanium UNIX with SCO, or we pull out and have an upgrade from Sys3 to Sys5.

    Of course, if IBM has emails out there that state they NEVER intended to finish Monterey and that the sole purpose of Monterey was to rip off SCO for Sys5, then a court will have to decide if intent overrides the contract as fraud.

    --
    "Curiosity killed the cat, but for a while I was a suspect."- Steven Wright
    1. Re:I agree by Skiron · · Score: 1

      Of course, if IBM has emails out there that state they NEVER intended to finish Monterey and that the sole purpose of Monterey was to rip off SCO for Sys5, then a court will have to decide if intent overrides the contract as fraud.

      Yes. But what was the case about. Law evades me, but what SCO started with is now totally changed?

  83. Sco Source FAQ by Bill,+Shooter+of+Bul · · Score: 2, Informative

    FAQ Dated january 22, 2003 Lawsuits lauched march 22, 2003 And they wonder why they don't have any credibility

    Isn't this going to anger the open source community?

    It shouldn't. We haven't formulated all of our plans for SCOsource yet, but it's important for people to know that SCO is not interested in chasing individual open source developers to collect $149. We want vendors and large commercial users to comply with our IP licenses. The individual open source developer performs a great service to all Linux vendors and customers. We appreciate that and we want them to continue unabated.

    It's important to remember that the UNIX shared libraries, owned by SCO, are not Linux products. They are not open source software and they are not covered by the GPL. The shared libraries are UNIX intellectual property, which SCO has owned for years. They are proprietary, licensable intellectual property that we sell. Many Linux environments have been using SCO's UNIX shared libraries because they are a superior product and they make these environments more productive. But until today, there were two ways for users to get the shared libraries:
    1. Buy a SCO UNIX or Linux product that included the shared libraries as part of the bundled offering. This is legal.
    2. Copy the shared libraries from a disk or through the Internet. In this case someone has unbundled the shared libraries from the SCO offering and opened them up for copying. This is illegal. It is this behavior that we will stop through the creation of SCOsource and today's announcement.

    SCO's UNIX shared libraries are not open source code available for free use.



    Is SCO going to sue Linux vendors?

    SCO is a Linux vendor and a member of United Linux. We have no interest in suing Linux vendors. While we haven't formulated the details of our new SCOsource effort, we're confident that we can work together with other vendors to clear up IP issues in a fair and amicable way.



    Two weeks ago an industry publication headlined a story saying SCO was threatening to sue Linux vendors.

    The story was wrong. SCOsource is now one day old. We haven't made any plans to sue Linux vendors, and we certainly haven't threatened any vendors. This story was damaging to the Linux community and made assumptions that were incorrect.



    But isn't hiring Boies, Schiller and Flexner a clear signal that SCO is getting ready to sue people?

    Not at all. SCO is working with BSF for their expertise at dealing with complex legal problems. Resolving intellectual property issues does not automatically mean litigation.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  84. Works in K-Meleon on Windows - Some missing though by bayerwerke · · Score: 1

    K-Meleon (Gecko based, IE lookalike, kmeleon.sourceforge.net), works with the rollovers. Except I didn't see any summary for 'SCO fails to provide any evidence' or multiple 'SCO realizes it current stategy is going nowhere so a brand new tactic is adopted'.

  85. Judge: Honorable Dale A. Kimball by Anonymous Coward · · Score: 0

    I can't possibly be the only one who has ever misread Kimball as Cum-ball

  86. Jury not just for criminal trials by MarkusQ · · Score: 2, Informative

    This isn't a criminal trial; there would not be a jury.
    Juries aren't reserved for criminal trials; all SCO need to get one from where they are now is some "facts in dispute." SCO's goal for a long time seems to have been just that--muddy the waters enough that they can demand a jury, and hope to win by snowing them.

    The problem is, they don't seem to have anything that raises a question of fact, just wild unsubstantiated claims and bizare legal theories (which, as I understand it won't get you a jury, since the judge decides questions of law). They've produced no code of questionable ancestry, no expert testimony, no body, no smoking gun, nada, zip, zilch. They can't seem to find even one single thing to point to a say: "Look! We have a case!"

    -- MarkusQ

  87. When SCO is brought to mind, whats the .... by 3seas · · Score: 1

    .... first thing that comes into your mind?

    A matter of wondering what SCO is becomming associated to in thought.

  88. Re:Cheerleading Against SCO, maybe no choice? by Ralconte · · Score: 1

    Ok... here's a plan. You read SCO's website. (I find it a little hard to follow 'cause I don't use IE. IANAL or even a paralegal - I just sjim Gloklaw) Summarize the points SCO makes that you think are valid, and post them as a reply. People will read it and run with it, and we'll get the balance you need. Maybe that's happened already -- or maybe it hasn't because it can't be done.

  89. Here's How I Think it Goes Down by Greyfox · · Score: 1
    SCO drags this case out as long as possible and then executives skip out of the country as soon as the SEC begins its investigation into fraudulent stock manipulation. Which is what I believe this case is entirely about.

    I just hope that anyone found to have been fraudulently manipulating the market will have huge (6 or 7 digit) rewards posted on their heads because I'm sure a lot of us would like to hunt them like dogs and if there's enough money in it, we could actually justify doing so. They've pissed off geeks all over the world. I'd say the only safe place to run would be Antartica.

    What blows my mind is that Bois would sign his name to this entire fiasco. Sure SCO is giving him suitcases of cash, but I think his company's reputation will be damaged beyond repair by handling this case. Of course, given his lackluster track record, maybe he's planning on retiring from law with the huge suitcases of cash that SCO is giving him. Representing some of the biggest cases of our time doesn't matter if you lose, Dave!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  90. I get it by gidds · · Score: 1

    I've worked out their plan. They're hoping that their legal team performs so badly that they can then ask for a mistrial, and spin it out even longer that way...

    --

    Ceterum censeo subscriptionem esse delendam.

    1. Re:I get it by Mostly+a+lurker · · Score: 2, Insightful
      Actually, they may be trying the same gambit they used in DOJ v Microsoft. That is to irritate the judge to the degree that he reacts and can be presented as biased against their client.

      They then go to the appeals court and try to claim that they were prevented from carrying out essential discovery and see if they can tie the case up in discovery for the next five years.

  91. Well I feel sorry for SCO... by Eric+Damron · · Score: 1

    " So, SCO insults the entire world of Free Software, and they think some stupid web site will generate some sympathy?"

    I have sympathy for them. You know the kind that one has when one puts a suffering animal out of its misery.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Well I feel sorry for SCO... by vsprintf · · Score: 1

      I have sympathy for them. You know the kind that one has when one puts a suffering animal out of its misery.

      The problem is that SCO is the Cujo of businesses. Sympathy doesn't apply.

  92. Poorly written article by Anonymous Coward · · Score: 0

    That article was not edited at all. Also, it was unclear who wrote it. The byline was for Maureen OGara but the author kept saying "we thought this" and "near as we can remember", and it seemed to move freely between quoting SCO or its lawyers, and the author's statements. They didn't use quotation marks to distinguish them.

    Plus the article is stupid. "Near as we can remember SCO never charged that IBM violated copyrights." What kind of retarded thing is that to say? I guess whoever wrote this hasn't been paying the slightest bit of attention for the last year.

    This article sucks.

    1. Re:Poorly written article by Master+of+Transhuman · · Score: 1

      Absolutely.

      O'Gara appears to be leading the SCO cheerleading team (I thought Enderle was the head cheerleader).

      Her polemics against IBM in the article clearly spell out her bias.

      And yet some morons here on /. are accusing Groklaw of being biased. Oh, yes, the Windows trolls, no doubt.

      Groklaw at least puts up the REAL DOCUMENTS for everyone to read and provides decent legal analysis (for a paralegal, anyway) and the comments also include useful questions and explanations. The polemics come from recognition of the legal and ethical absurdity of the entire SCO operation.

      This article is just paid FUD.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  93. It's a problem with the website. by stealth.c · · Score: 1

    The way I look at it: if it doesn't work in Mozilla, then it is, by definition, broken. There's no conceivable reason they shouldn't be able to code it to work in Mozilla. That it doesn't work is just plain laziness or ignorance.

    This is how I write to webmasters of sites that won't work on my mozilla browser(s): "I am writing to inform you that your website is broken. I am trying to view page XYZ on [operating system] using [Mozilla Browser] and your [site feature] isn't working. I would be likely to return to your site regularly if it was coded properly. Please send me a reply when your website has been fixed."

    Be the change you wish to see, as Ghandi put it. EXPECT sites to work on Moz. It's the only way they'll learn.

    1. Re:It's a problem with the website. by Frankie70 · · Score: 1

      The way I look at it: if it doesn't work in Mozilla, then it is, by definition, broken.
      There's no conceivable reason they shouldn't be able to code it to work in Mozilla.


      There is also a 3rd option - a bug in mozilla.
      Is that also inconceivable?

    2. Re:It's a problem with the website. by Anonymous Coward · · Score: 0

      Frankly, I don't recall Ghandi saying anything about Moz ever.

    3. Re:It's a problem with the website. by Linux+is+shit · · Score: 0

      And then the webmaster replies: "We are sorry, but Internet Explorer is the only browser supported by our website blah blah blah etc." And for your next trick?

      --
      Linux will succeed on the desktop the day you don't need the CLI to install a driver.
    4. Re:It's a problem with the website. by Anonymous Coward · · Score: 0

      Ummmm, no. The customer service team sees that 10% of possible customers are unable to use the companies web site and tells the web team to freakin fix it or they are fired.

      The emails that I have gotten from web sites are always with "We will have this fixed for you by X date."

      This even worked for Microsoft when they tried to lock non-IE web browsers out of hotmail.

    5. Re:It's a problem with the website. by MadChicken · · Score: 1

      No that's very possible too. However as Web developers, we have to account for, and sometimes work around bugs in all browsers, IE and Moz included.

      --
      SYS 64738 NO CARRIER
  94. Cheerleading FOR SCO by hugesmile · · Score: 1
    OK, here's my attempt at a Pro-SCO comment. I'll post it non-anonymously (so you know it's not a troll), even though I'll probably get modded down to negative infinity.

    The responsibility of SCO's management is to maximize long-term share value for their shareholders.

    I'm sure they got approached years ago (when times were not going all that well) to pursue this legal angle, and with it came a huge investment (well documented elsewhere) to fight the legal battle.

    No matter whether you think the lawsuit is ethical or unethical, they received the cash, and it's up to them to carry out the dirty work and live up to their end of the bargain. This strategy had a hugely positive impact on thir stock price initially, but it was a move in desperation. They didn't know at the time of the suit whether it would prove to have merit or not, but their objective was (as documented elsewhere) to apparently protect WINDOWS sales by casting doubt over Linux. It was a hedge against their main business - accept money from the Windows guys, in exchange for casting FUD on Linux, with a small probablility of a huge payoff if the legal action wins.

    If I were a shareholder, I would be glad that they took some action, as they would have likely been out of business by now (or certainly worthless from a stock perspective), had they stayed the course that they were on.

    1. Re:Cheerleading FOR SCO by Monkelectric · · Score: 1
      Your logic is incorrect, and you are the reason I hate the world. You can justify *ANY* unethical action by claiming that someone is nobly trying to "maximize shareholder value."

      A Lawsuit over things you know to be false is illegal, unethical, and in the complete absense of ethics in our country -- illegal. Defrauding investors with false claims? Fraud. Need I continue?

      --

      Religion is a gateway psychosis. -- Dave Foley

    2. Re:Cheerleading FOR SCO by vsprintf · · Score: 1

      The responsibility of SCO's management is to maximize long-term share value for their shareholders.

      At least that is slightly better than the usual slashbot claim that company management is required to make a profit. Company officers have a fiduciary duty to act in the best interests of the company, which includes shareholders as well as employees, and by extension, its customers. If SCO management were acting in the best interests of the company, they would be avoiding expensive fights with IBM while doing everything they could to modernize their legacy products and maintain their market position in POS (yeah, I know what you're thinking - it's Point Of Sale) systems. What they are doing is disasterous for long-term shareholders.

  95. Re:new low 4 SCO (but thanks for inuring the publi by Anonymous Coward · · Score: 0

    [Darl McBride stands in front of a small blackboard, covered in boxes and interconnecting arrows]

    McBride: The IBM Corporation, in conjuction with the saucer people...
    David Boise: Thank you.
    McBride: ...Under the supervision of the reverse vampires...
    IBM Lawyer: Ugh...
    McBride: ...are FORCING us to release our sourcecode under the GNU General Public Licence thereby diluting the value of our intellectual property!
    Judge: Case dismissed!

  96. Let's think about why... by Eric+Damron · · Score: 1

    Why would SCO want to unseal emails for public consumption when it won't effect the Judge's rulings?

    Could it have something to do with the fact that this case is more about pumping up the price of SCO stock and hurting Linux than it does about winning the court battle? After all, SCO was already paid handsomely by Microsoft to start this litigation. One has to wonder if Darel and others may have some back room dealings as well.

    --
    The race isn't always to the swift... but that's the way to bet!
  97. Judge Kimball is starting to get impatient by Animats · · Score: 5, Informative
    From this week's hearing:
    • Regarding SCO's Motion to Dismiss or Stay, Judge Kimball said, "You're not likely to get that."
    • SCO asks for more time to compare UNIX and Linux: Judge Kimball replies "One might assume that a comparison of UNIX to Linux might have been done before filing a lawsuit."
    • SCO asks for more discovery. Judge Kimball asks "Unix is yours and Linux everybody can get hold of it, right? What is it you think you need?".

    That's pretty clear. Judge Kimball is clearly telling SCO's attorneys that they need to present unambiguous evidence of copying, and soon. He's hinting to SCO that unless they come up with something good, he's going to grant IBM's summary judgement motions. He's giving them one last chance to do so.

    This is a U.S. District Court judge. He has many other cases, most of them criminal. Here's his court schedule for the week. Sentencing hearings, plea bargains, and a few civil cases. He's not there to listen to SCO's lawyers stall forever. Federal civil procedure doesn't allow that.

  98. Fraud - Look who's talking! by fireman · · Score: 0

    It would seem that it is SCO that has attempting to defraud IBM. That has been the pretext for the whole law suit against IBM.

    --
    M.
  99. What a shame... by bryantee · · Score: 1

    Because I really liked their logo, too.

  100. Actually... by TrentC · · Score: 1

    That's what you get for backing these poeple and helping cause all this FUD in the first place.

    I think it's fairer to say that this is what you get for backing SCO's play, and if SCO prevails, you can expct to see a lot more of these...

    This is why IBM's legal team is taking the time to slowly pulverize SCO's case, and set SCO's proverbial head out on a stake in front of the IBM HQ; to try to discourage anyone else from trying to play the "sue open source vendors" lottery, or trying to intimidate users of open source software into paying for dubious "intellectual property licenses" or stop using the software altogether.

    Jay (=
    (Caveat: I don't know much more than anyone else about the Mambo case, and it may prove that there is a valid complaint. However, the open letter could have been written in Lindon...)

  101. Bullshit Report by Master+of+Transhuman · · Score: 1

    This so-called "report" is actually a polemic against IBM by this "Maureen O'Gara" who sounds like she's on SCO's payroll - or at least on their PR team.

    Just another SCO PR move.

    Nothing to see here, move along.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  102. Here comes the science by gelfling · · Score: 1

    SCO + RPG + ANFO = solution!

  103. Netcraft confirms it... by Lonath · · Score: 0, Redundant

    SCO is dying....blah blah blah blah blah

  104. If he's so good... by Anonymous Coward · · Score: 0

    "Boies is one of the best litigators in the country"

    Then how com he loses every high profile case? And before you throw out the MS case, keep in mind that was overturned on appeal.

    He lost in the Gore case, he eventually lost versus MS, and he lost before that.

    Hell, Johnny Cochran has a better track record

  105. Tell me I'm wrong..... by Anonymous Coward · · Score: 0

    Why do I get the feeling that SCO really has no interest in winning this case. Instead, it almost seems as though they are intent on draggin it out as long as possible, just to keep IBM and other Linux companies from advancing in the market with Linux under their belt (while there isn't a brand new shiny Windows available). I get the feeling that SCO was promised large amounts of money, just to drag this out for as long as possible (or at least until Longhorn is released) and do anything in their power to do so (including to destroy their own company in the process).

  106. Maybe OT, but thank you. Really. by Anonymous Coward · · Score: 0

    I was feeling a bit down today (widower thing, you know), but the headline just made me laugh my head off. Man, I haven't laughed this hard since, well, since a lifetime ago.

    Faux-SCO accusing anyone of fraud. Man, this is priceless.

  107. Any Lawyers Out There? by FrankDrebin · · Score: 2, Informative

    Isn't fraud a criminal act? Doesn't a District Attorney, Attorney General, or some other jurisdictional attorney have to press such charges? If SCO is indeed planning such a charge, don't they have to first convince someone in the *criminal* justice, and wouldn't that be a completely separate process?

    Sure it might be a tactic in the current contract dispute to claim fraudulent behavior, but isn't that far from *charging* IBM with fraud?

    --
    Anybody want a peanut?
  108. Reply to the Replies by tabdelgawad · · Score: 1

    First, about comment moderation. I don't know if pro-SCO comments in the past year were consistently modded down, but if they were, then it's not surprising to find no pro-SCO comments in these threads anymore. What's the point of posting if you know you'll be blasted to -1 oblivion? People learn. Anecdotal evidence: when my parent comment was at +3 (with Karma bonus), a mod saw fit to mod it down 'overrated'. Not 'troll' mind you (it wasn't) but overrated. This despite the fact that 14 people saw fit to reply to it, mostly disagreeing but not flaming.

    Second, about Groklaw. It's admirable that the site has made all the public documents of the case easily available, and perhaps the analysis used to be balanced, but I made my comment based on the posting linked to in the announcement. There, all I saw was ad hominem attacks on reporters and a quote about how Forbes magazine is "corporate pornography". With no wall separating news/analysis and opinion, this is hardly the hallmark of a website I'd want to get my news/analysis from.

    Third, about the case. I'm not a lawyer, but would a completely and utterly meritless case continue to be litigated for 1.5 years with no signs of ending any time soon, and attract an attorney of the pedigree of David Boies? How come Boies, who's taken on such high profile and important cases as Bush v. Gore, DOJ v. Microsoft, and Napster, how come he doesn't see that his claims are obviously (even to non-lawyer slashdot readers!) frivolous and simply save his reputation and cut his losses?

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:Reply to the Replies by fidget42 · · Score: 1

      FWIW, the -1 overrated is, for me at least, a moderator's way of saying that the post didn't deserve the +1 karma bonus. I.e., it says "It is interesting, just not that interesting." I have seen too many posts with the +1 bonus that didn't deserve it (and, yes, I did moderate them accordingly).

      --
      The dogcow says "Moof!"
  109. I know! I know! by Ohreally_factor · · Score: 3, Funny

    Hmm , now given 2 companies , IBM and SCO ... and given the evidence - who do we think the dictionary definition of fraudulant bastards best describes ?

    The Bush Administration?

    Sorry, couldn't resist. Go ahead and mod me to oblivion.

    --
    It's not offtopic, dumbass. It's orthogonal.
  110. Bell Tolls For Thee by uberdave · · Score: 1
    "No man is an island, entire of itself; every man is a piece of the continent, a part of the main. If a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were: any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee."
    John Donne - "For whom the Bell Tolls"
    By wishing Darl ill, you wish yourself ill.
    1. Re:Bell Tolls For Thee by Curtman · · Score: 1

      No. Honestly, by wishing Darl ill, I wish him to get hit by a large truck, or possibly a large object to fall on him. He seems to do a good enough job of doing himself in though.

  111. That's PRECEDENT by Anonymous Coward · · Score: 0

    to create the legal president

    I think the word you're looking for here is precedent.

    It's pronounced with a voiceless sibilant 's', as opposed to president, which is pronounced with a voiced sibiliant 'z' - and accordingly written with a c instead of an s. I know these finer points can be very difficult for someone speaking English as a second language, but it's actually quite important to pay attention to them, otherwise you may be confused with someone who speaks English as their native language, and simply speaks it very badly as a result of substandard intelligence and education. Not the impression you want to give, I'm sure.
  112. That was quick by y2imm · · Score: 1

    I read as far as "Maureen O'Gara"

  113. Re:How many times have SCO changed their story now by Eggplant62 · · Score: 1

    You may be interested in this:

    Link

  114. Thanks... by buford_tannen · · Score: 1

    No, this is capitalism for you.

    That inspired me enough to have a little fun with the Gimp.

    Capitalism Own4g3

    --
    Buford "Mad Dog" Tannen
    1. Re:Thanks... by Anonymous Coward · · Score: 0

      Haven't you heard? Coral is becoming extinct and when its finally gone we are all fucked:
      Support coral, save the oceans. TIA

  115. Amazing... by Anonymous Coward · · Score: 0

    Judge Kimball might get himself in trouble like that, get himself kicked out of the legal profession. After all, lawyers charge by the hour. We mustn't have judges throwing out cases just because they generate a lot of billable hours over nothing.

  116. Re:Insult + Injury - And their website sucks by shutdown+-p+now · · Score: 0
    when I say that when I heard about this supposed counter-site, the first thing I felt was a deep urge somethin' powerful to go over there, troll and /. their website into oblivion.
    Maybe that's exactly why they don't allow comments?
  117. If that's true by Aexia · · Score: 1

    shouldn't we be modding you "Troll" instead of "Insightful"?

  118. Why public opinion matters to SCO by linuxguy · · Score: 1
    It has been a stock pump-n-dump scheme for them from the beginning. Public opinion of the company directly relates to investor confidence. In the early days of this fiaSCO they had the media and the financial analysts on their side and the stock rocketed to $22 from $1. Since then the masses have wisened up a bit and the stock is now at about $3.70.

    They would like to beat this dead horse back up a bit somehow. Hasn't really been working.

    Also see the SCO's insider stock sales graph.

    The red arrows are sales by insiders and blue are purchases. Notice how there are no blue arrows. Even at the current low price of their stock.

  119. Yeah, right. by Garabito · · Score: 1
    I will write a letter to the SCO Group, stating that I am not able to see properly their web site on my Linux computer, using Mozilla Firefox.

    Should I give all necesary details for them to send me the $699 bill?

  120. Free legal services for defendents by Aexia · · Score: 1

    Extend the right to an attorney in criminal cases to civil cases.

    1. Re:Free legal services for defendents by beakburke · · Score: 1

      The reason that works in criminal cases is because the governement is the prosecutor. Iit would tilt the system the other way, right now we worry about a rich plaintiff and poor defendant, under this scenario the problem is a poor plaintiff.

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
  121. be non-biased .... by sathishmls · · Score: 1

    A powerfull and a good company IBM might have done mistakes while changing its own company from SCO UNIX's AIX to Linux. i guess IBM has betrayed SCO regarding Project Monterey. and IBM is now getting back the consequences... we will wait and see the documents between IBM and SCO regarding Project Monterey which they are goint to release out. But a big company IBM can withstand these things, becoz money matters, but remember truth TRIUMPHS !!

  122. Re:Also cap attorney's fees by symbolic · · Score: 1



    I see no reason why a cornerstone of our society should be commoditized to the point that lawyers (those who are the interface between our system of law, and the people to whom the law applies), should receive compensation in excess of a certain amount. The fact that an attorney can claim hourly rates of $500+, and significant percentages of large awards, provides what I believe is a very strong incentive screw around with the court system. Cap the rates, and I think you will see a big change- hopefully starting with a rapid departure of all the scumbag attorneys who are only in it for the money and the power.

  123. Obviously biased article by Anonymous Coward · · Score: 0

    In nearly every statement made the author assumes that SCO has only it's best interest at heart and assumes IBM with only malicious motivations.

    I often wonder at some web sites with linux in their names publishing anti linux things like this. Who really owns them. What was the motivation behind publishing such a pro SCO piece as this?

    The author of the article clearly has a pro SCO bias that was noticed many months ago Here

    I found this statement "Maureen O'Gara is editor-in-chief of Maureen O'Gara's LinuxGram(TM) - published weekly by G2 Computer Intelligence Inc. and distributed by Linux Business Week." at this location.

    Which makes it appear as though linux business week is a seperate entity from either sys con or linuxworld. Unfortunately when you type "linuxbusinessweek.com" into the url bar it takes you back to linuxworld.com... stranger and stranger. And linuxworld.com says that that it is a Sys Con Media publication.

    But there is no clear connection yet between sys-con media and either Linuxgram Magazine or G2 Computer Intelligence Inc. As far as anyone can tell they look like one company is just saying that someone else working for a different company said something.

    Until I found the link on sys cons very own web site.

    It says "MONTVALE, NJ--(INTERNET WIRE)--Aug. 12, 2002 -- SYS-CON Media (www.sys-con.com), headquartered in Montvale, New Jersey, today launched "Maureen O'Gara's LinuxGram" (www.linuxbusinessweek.com), a new online weekly newsletter."

    Further down the page it also says "O'Gara's resume is impressive prior to founding Sea Cliff, Long Island-based, G2 Computer Intelligence, but it's more impressive since. She was the founding editor on CMP's Computer Systems News and blazed the CMP trail to the West Coast, where she was bureau chief; then on to Europe, where she was Computer Systems News's first European correspondent. "

    So there is the connection to both G2 Computer Intelligence and Linuxgram.

    There is also another connection noted on that page in a picture showing the CMP Media top executives very chummy with the SYS-CON Media top executitves. CMP Media is who Maureen worked for just before coming over to Sys Con Media.

    Funny how this connection between LinuxGram and Linuxtoday is never noted when Linuxtoday runs a news story from Linuxgram. Most reputable media companies would include a disclaimer saying that the "expert" they were quoting is on their own staff.

    Sad but true.

  124. Fraud was in the original SCO complaint by jjohn_h · · Score: 1

    IBM was already accused of fraud by
    SCO, quite officially in the
    original complaint of March 2003.
    The accusation disappeared later on
    in the amended complaint.

    The unsealing of all e-mails and
    confidential documents in the
    SCO-IBM case to make IBM's 'fraud'
    evident to the public can only be welcomed.

    For the moment being the only e-mail
    that attracted attention in the Sept. 16
    hearing before Judge Kimball, was an
    internal SCO e-mail of 2002. It
    stated that lengthy search had not
    found any SCO code in IBM's Linux
    contributions. Note the year: 2002.

    So much for Maureen O'Gara.

  125. Over the top I say by Camel+Pilot · · Score: 1

    As this case continues into the surreal regions the legal landscape I am inclined to believe that IBM is secretly funding SCO and not MS.

    Do you have any idea how much it would cost IBM to get an equivalent amount of goodwill and PR that they are getting out this case? Not only that they are making a very solid point that if you bring a flimsy claim against IBM in an attempt to collect a judgement you will ground into pixie dust and humiliated.

  126. Just when you think it can't get any dummer by HangingChad · · Score: 2, Funny
    SCO reaches in the magic bag of idiocy and pulls out another gem.

    These guys are either taking their marching orders directly from Redmond or they're the biggest bunch of idiots to ever ride into the technology circus tent. Wait, now that I think about it that's the same thing.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  127. Donate to pj@groklaw.com - much need now by puzzled · · Score: 1



    Given this blizzard of filings someone is going to have to pay to have them copied, and that would be PJ. I sent the $8 that was in my paypal account and uploaded another $100 from the bank that she'll get next week.

    SCOX is turning a pretty IBM blue and we don't want to give them an instant to breath - you never know when Groklaw might turn out something that IBM's lawyers use, so lets keep the heat on SCOX :-)

    --
    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
  128. Who's to blame for all this? by Gordo_1 · · Score: 1

    Read all about the trial lawyer lobby here.
    They are the real reason for the preponderance of frivolous lawsuits like SCO's.

    I particularly found amusing the part about the American Medical Association considering not treating trial lawyers and their spouses at their annual convention.

  129. It's nothing new... by Anonymous Coward · · Score: 0

    It's not even a new page.

    They've had this up for a while now--I found it while searching for a few things via Google.

    Of course, it probably looks new because no one reads the damned thing.

  130. head shaking by prell · · Score: 1

    Their site prominently displays the message "Roll over each document to get a summary." True to form, this feature relies on the "alt" text of an image being displayed as a tooltip, which is only reliably available in Internet Explorer.

    Assholes!

  131. I have a question about "mis-appropriated code" by FatAssBastard · · Score: 1

    This will be a bit difficult to explain, so please bear with me: Let's say there is some copyrighted code that is found in the Linux kernel. It wasn't supposed to be there, it was put there by someone who wrote the code while at their place of work. This would mean that company holds copyright. This programmer submitted it to the Linux kernel saying it was his own work.

    This company would obviously want to have the offending code removed immediately, and I'm sure it would be. But one of my managers at work is of the opinion that if another company had been using the Linux kernel containing the offending code, and they weren't using a distribution that they paid for (Red Hat, Novell/Suse), but rather downloaded it themselves (Debian, say) for free, the company using the offending code would be liable for damages from the company that holds the copyright. His contention is basically "ignorance is no excuse." Since they didn't have the right to use the code, and were using it to run their business, they would be liable for "back license fees" or somesuch.

    Comments?

    --
    /.: why the hell am I here?
  132. fraud? by Anonymous Coward · · Score: 0

    I do not know what you guys are smokin' but SCO's lawyers cannot charge anybody with anything. Fraud is defined as a criminal offence and requires a charge by the state. Get your headlines straight or maybe get published by the Georgia Straight.

  133. SCO Website by hackus · · Score: 1

    I quote:

    " Click Here For More Information About SCOsource
    SCOsource Creates UNIX Licensing Programs
    The charter of SCOsource is to manage its UNIX® System intellectual property, create new and innovative licensing programs to meet the changing demands of today's market, and to protect its intellectual property assets." ..but nothing of course about building innovative products...

    What the hell has the US software and technology sectors become?

    -Hack

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
  134. A Truly Righeous Cause! by Anonymous Coward · · Score: 0

    Rumour is that George W. is thinking about invading Iran to increase his polls. I have a better idea. Invade SCO. Take no prisoners. He'd win all the geek votes. Let CNN give us real time video feeds of the whole thing. Maybe make a reality TV show where viewers can instant messenger the G-men with guns whenever they spot an SCO lawyer trying to flee.

  135. Support the First Amendment: Read at -1. by Anonymous Coward · · Score: 0

    The First Amemndment is about the right to speak. It says nothing about the right not to listen, which is inherent.

    It is this kind of misunderstanding of the Amendment that causes people to think they can say whatever they like at any time, in any place, whether it has any meaning or not and that people must listen.

    I dare you to listen to every mind-warped Street Person until s/he has used his/her "Right to Free Speech" to his/her satisfaction.

    Your understanding of the law is as poor as your understanding of computer history if you believe "Linux sprung from Unix" (rather than "was inspired by" or "was made to work like".)

    If you misunderstand simple language, then you will get the wrong idea.

    Which is apparently what happened to you.

    Free speech means we must choose who to believe. You have chosen wrong in the past.

    Perhaps it is time for you to stop reading at -1?

  136. Just what is this doing on the front page? by Stephen+Samuel · · Score: 1
    If you read the first paragraph of the article: This is Maureen O'Gara reporting on her own report. (lends a little bit more authority, you see, writing about your report than just writing the report itself).

    She is also so blatently pro-SCO that I'm sending her a form to register as a paid lobbyist.

    My first of two favorite quotes are the one about SCO settign up their legal papers archive "so people won't have to go to Groklaw and read its anti-SCO philippics."

    Phillipics is a reference to the anchient greek politician (and possible insurgent) who was rabidly against King Philip of Macedonia's attempts to take over the Greek empires (Philip was the father of Alexander the Great). kdict finds the definition: Any discourse or declamation abounding in acrimonious invective.

    My other favorite quote reads:

    At the risk of practicing law without a license - and with due reverence for Cravath, Swaine's abilities to move the ball even you're looking plum at it - this motion and its little friends look like one of those red herrings that may fetch IBM a lot of PR yardage, but may not ultimately score a touchdown.
    No that's not a typo on my part in the 'plum' reference. I think she's been watching to much Beverly Hillbillies and is trying to sound 'down home'. Dunno 'bout you, but that whole description sounds a lot more to me like SCO's tactic than IBM's. (( We'll see what the judge says on that point )).

    In the meantime, If SCO tries to do yet another mid-course 'correction' and claim that the lawsuit that started out as a broad copyright case, then was always just about the contract claims is now about fraud (and never really was about anything else), Judge Kiball just might be willing to accept an IBM motion for sanction under the 'frivolous and vexatious prosecution' rule.

    If you read O'Gara's other articles (please avoid clicking on any of the ad links), you might just understand that she's now one of the very few (probably well-paid) SCO sh(r)ills left willing to cheer for the home team. In fact, that may be part of the reason why she's now quoting herself -- there may be no other pro-sco boosters available to quote who don't officially work for SCOG.

    --
    Free Software: Like love, it grows best when given away.
  137. Remember, they sued MS, and it worked there by Xtifr · · Score: 1

    The last company SCO/Caldera sued was MS, and in that case, they were able to find evidence of fraud, extortion and out-and-out theft pretty much everywhere they looked. MS is a company with no morals or ethics. So, I think SCO probably figured that IBM was cut from the same cloth, and it pretty much didn't matter what they said, because soon enough they'd have all sorts of evidence of all of IBM's wrongdoings. The problem is that IBM isn't the same kind of company, so now they're stuck.

  138. Bilgewater by ewe2 · · Score: 1

    It's amateur hour at Linuxworld. See the anonymous webmonkey create a spectacular narrow column, followed by the intrepid O'Gara's narrow range!

    High farce or easy mark? Her incompetent report continues, in a vain effort to understand anything SCO is feeding her about the case. The one about IBM being on System 3 was very entertaining, but the copyright story was weaker, but as she was confused and couldn't remember much, perhaps that's the reason.

    This article may fetch O'Gara a lot of PR yardage, but will not ultimately score a touchdown. Whatever she was on about.

    --
    insecurity asks the wrong question irritation gives the wrong answer
  139. Fruad=Criminal Case? by crusher-1 · · Score: 1

    So far SCO has done what it has in civil courts. And in America you can just about sue anyone for any reason (whether it gets past filing papers with the court and gets a date or last beyond the prelim hearing is another matter). But correct me if I'm wrong. Isn't fraud on the criminal side of the dockets? I mean fraud is Illegal in the sense the a D.A. (or some one from the D.A.'s office) brings a case to the courts in this case. And In the case of IBM and allegations of fraud that might also entail a Grand Jury hearing.

    If I'm correct in this assumption, how is SCO going to get someone from a Justice department (State or Fed) to file the case - you have to have something to actually show in this event, and filing a bogus report is in turn a crime.

    Then again perhaps you can bring a tort to the courts an the basis of some sort of civil fraud?

    Sorry, I don't get it - other than it being yet another stall tactic because this is really about Wall Street more than being a business that actually sells a product to make their money.

    Cheers

  140. You are so right. by jotaeleemeese · · Score: 1

    I also want to see a non biased discussion of the following topics.

    - There was no landing in the moon in 1969.
    - The NY twin towers did not colapse.
    - Adolf Hitler was a very nice chap.

    But I want to see the arguments in pro of all these very reasonable topics of discussion.

    --
    IANAL but write like a drunk one.
  141. Hmmmmm by rofthorax · · Score: 1

    From the what-is-sco pushing that's of any value anymore? I remember when SCO-unix was a waste of money, now its trying to make back money it would have never made anyhow.. Well I guess if you have to pay lawyers, that's what would drive such a scheme..

    --
    Just say no to license servers!!
  142. Re:SCO'S next lawsuit will have a pretty good chan by Kjella · · Score: 1

    Yes, suing your (good) lawyer after you run out of money to actually do anything, is always useful. I imagine Boies, being a successful attorney, has gathered ample evidence that SCO was demanding he follow through on hogwash arguments, perhaps also of misrepresenting the truth to their attorney. Even if there was any truth to that claim, I doubt there would be anything left of SCO at that point.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  143. You've got a point there, by stealth.c · · Score: 1

    If Mozilla isn't responding properly to standards-compliant code, then someone needs to write a particularly irritated letter to the Mozilla devs. Doesn't Opera have a browser that displays properly all the stuff that's coded to IE or to Mozilla? Is such a feature all that difficult to implement?