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IBM Subpoenas Intel Into SCO Fray

whovian writes "Since IBM was ordered by the courts to show more code, they are now reported by Groklaw to have subpoenaed Intel to show 'all communications between Intel and SCO or Canopy about IBM, Unix or Linux, all meetings with either concerning IBM, Unix or Linux, and all contracts or other business relations, past, present, or future, between Intel and SCO.' The text is available at the website."

248 comments

  1. *sigh* by mtrisk · · Score: 1

    What are they trying to pull here? That Intel was possibly behind SCO's litigation? I doubt it...

    When will it end?

    --

    Without a proper flamewar, Anonymous was undecided on what shell to run.
    1. Re:*sigh* by antiMStroll · · Score: 1

      When the truth's out?

    2. Re:*sigh* by Dorothy+86 · · Score: 5, Insightful
      It will end when any of several things happen.

      1. SCO doens't have/want to spend the money necessary for the proceedings to continue
      2. SCO actually shows the evidence they claim they have, and it is, indeed, damning
      3. SCO figures out a way to get out of this mess scott free...

      But even then, the counter suits, and residual suits for damages, etc. This may be going on for a looooooooooooong time. When will it end is, indeed, a good question.

    3. Re:*sigh* by suteri · · Score: 1
      When the truth's out?
      It will be out there right after the next X-Files movie opens.
    4. Re:*sigh* by Technician · · Score: 4, Interesting

      When will it end?

      It will end when either the defense or the offense runs out of money. They will chase anybody and anything that had any contact with Linux in any way do drag out the proceedings until the money runs out.

      From what I see, this was never intended to be a quick case. I just wonder who the heck is funding this new round of SCO legal action and how long can they keep it up.

      Follow the money if you can.

      --
      The truth shall set you free!
    5. Re:*sigh* by Tablizer · · Score: 1

      When will it end?

      I have a feeling this is going to go on a looooooong time. The more legal discoveries (request for files), the more stuff will come up that may trigger further diggings and requests in an ever-expanding tree of issues.

      I think Linux vendors should get together to sue and demand SCO tells them which code is at issue so that replacment code can be written. It would likely be better for the Linux community to code around the suspect areas rather than have this cloud hanging over everybody. SCO is holding us hostage via lack of specifics, not so much software code itself.

    6. Re:*sigh* by einhverfr · · Score: 1

      I think Linux vendors should get together to sue and demand SCO tells them which code is at issue so that replacment code can be written. It would likely be better for the Linux community to code around the suspect areas rather than have this cloud hanging over everybody. SCO is holding us hostage via lack of specifics, not so much software code itself.

      I think the community has been demanding this for so long we have just given up assuming that SCO will ever show/find any evidence.

      Secondly, why do you think SCO would give up the game that keeps them in business?

      --

      LedgerSMB: Open source Accounting/ERP
    7. Re:*sigh* by DietCoke · · Score: 1

      The truth? YOU CAN'T HANDLE THE TRUTH!

      So, to answer your question: never.

    8. Re:*sigh* by Chexum · · Score: 2, Funny
      When will it end is, indeed, a good question.

      On the other hand, there's another viewpoint: maybe all this is just a conspiracy of a curious IT historian, wishing to document the birth of Linux, and the spread of it, day by day, hour by hour. :)

      --
      "Ten years from now, they could do it in a few seconds." -- The Racketeer of the Hellfire Club, 1993, Phrack 42
    9. Re:*sigh* by stupidfoo · · Score: 1

      SCO figures out a way to get out of this mess scott free...

      Being bought out by IBM would be one possibility. Big Blue clearly has more money and lawyers to throw around, but even they don't want to put too much money into such a worthless enterprise.

    10. Re:*sigh* by Dorothy+86 · · Score: 1

      right. IBM wouldn't put those kinds of resources into SCO... it would be a money pit. which is why SCO has to find a way out of their own hole. I think (IANAL, et alii) that IBM is just throwing the court system around to prolong the thing until SCO can't do anything any more, but as has been covered in posts below, IBM may know something. I just don't see much ground breaking discovery coming from this.

    11. Re:*sigh* by Anonymous Coward · · Score: 2, Funny

      It isn't about code. SCO is claiming a patright on Linux. A patright is like a patent in that it covers general ideas, but a copyright in that it exists from the moment of creation. Unfortunately for SCO, patrights are not recognized in any country I know of, only copyrights and patents are and neither of those do what SCO wants.

    12. Re:*sigh* by kaltekar · · Score: 1

      Redhat did, effectivly, do just that when it asked for a declaration of non-infringment but the case is stayed pending the IBM lawsuit

      --
      Ahh.. The mind what a wonderful trap!
    13. Re:*sigh* by Gogo+Dodo · · Score: 3, Interesting
      It will end when either the defense or the offense runs out of money.

      Well, IBM made $3.04 billion last quarter so I can't see the defense running out of money anytime soon. SCO loss $6.5 million last quarter and apparently has less than $30 million in cash left. Of course, if you believe the conspiracy theory, then Microsoft made $4.75 billion last quarter. We could be here for awhile...

    14. Re:*sigh* by can56 · · Score: 5, Informative

      The folks at Canopy are now suing each other (see the Register for details). That is justice.

    15. Re:*sigh* by EricTheMad · · Score: 2, Insightful

      I doubt a buyout is even a possibility, though that's cleary what SCO wants. IBM is probably just so pissed, that they want to squish 'em like the little, insignificant bug they are.

      --
      -- Remember, we're not happy until you're not happy. -- Local FAA Inspector --
    16. Re:*sigh* by Anonymous Coward · · Score: 0

      Perhaps we should just stop paying attention and let the big boys fight it out? I know its not cool to complain about the selection of stories but does such a site really need to follow these stories in such depth?

    17. Re:*sigh* by canuck57 · · Score: 2, Informative

      What are they trying to pull here? That Intel was possibly behind SCO's litigation? I doubt it..

      Lawyers get to make lots of money on this, but historically Intel has wanted to see big UNIX fail so it would help Xeon sales. Intel has never really been xNIX friendly although some of it's technology came from chips like the Alpha that were designed for UNIX.

      This is now hurting Intel in that the most popular, and probably the best processor to run Linux is an AMD Athlon 64. And with competition from other chip sets Intel sales and margins are dropping.

      The bottom line is if IBM can show Intel provided SCO the technology then in fact SCO has no claim, which I suspect be the case. IBM probably knows many SCO claims agqinst IBM were derived elsewhere as SCO hasn't innovated anything but business extortion since the early 80's.

      When will it end?

      Not soon enough.

    18. Re:*sigh* by sapgau · · Score: 1

      How can a processor be designed for UNIX?

      Haven't both, Micorsoft and Linux(et.al.) been able to port to different processors overtime?

      /I know Linux != UNIX, but close enough

    19. Re:*sigh* by AlanS2002 · · Score: 0

      4. Sun buys SCO and continues the love, they have the Cash reserves to wage one unholy shitfight against IBM, Novell and Red Hat (all of whom they are not on cordial terms with AFAIA). They do this while going nuts spreading FUD against the GPL, AIX and Linux and put forward OpenSolaris on x86_64 as an alternative to large companies scared about the what might possible happen if they use Linux and IBM/Novell/Red Hat lose. They themselves stop offering Linux as a solution, ala SCO. Unlike SCO though, Sun actually have a product that can compete with Linux/AIX and they make a fortune. Eventually all parties get sick of it all and settle with terms that leaves no party any poorer (other than all the money they spent on Lawyers). The Lawyers are happy cause they have gotten plenty of dosh. Sun is happy cause they have sold a whole bunch of Solaris on x86_64. IBM doesn't really give a shit cause they got bucketloads of cash anyway and are still making a killing out of their everyday business (having amputated their PC business). Novell give up on Linux and fade into a distant memory (like they almoust had before they bough SuSE). Red Hat are hurt bad and it takes a while to get back into good shape.

      --
      Not all conservatives are stupid,
      but it is true that most stupid people are conservative.
      - Hume
    20. Re:*sigh* by Anonymous Coward · · Score: 0

      > Intel has never really been xNIX friendly

      Uh, what world have you been in for the last 20 years? Intel promoted UNIX-on-i386 heavily during the 80s (oldSCO, Microport, etc...) For the last 7 or 8 years they've been backing Linux agressively since it's helped them defeat their old RISC rivals (do you think they'd rather have Sun sell an UltraSPARC-based system or Dell sell a dual-Xeon based system?)

      To what extent there is _any_ market for the ia64 it has been pretty much all linux installs (the SGI supercomputers and such)

      I've worked with Intel for quite a while and the word I'd use to describe them is "pragmatic". If you write software that will run on their chips then you're their friend -- because they really like selling chips.

    21. Re:*sigh* by canuck57 · · Score: 1

      How can a processor be designed for UNIX?

      A search of Big Endian and Little endian might help. Remember the whole internet is big endian so Intel processors have to do byte manipulations to work with it. Doesn't sound like much until you handle a few million socket connects per hour on a busy server. So many Intel operations require byte sized maniplulations to normalize the it but RISC+UNIX does not.

      Many UNIX OSes have many components optimized for RISC, not CISC. The difference isn't so important in many applications but in the kernel where speed is important it maters. RISC usually executes instructions much faster by needing fewer clock cycles to do the same thing. This is why comparing RISC processor speeds to CISC speeds is not a true measure. Heck, I can pump a 20GHz microwave into a chip but it isn't necessarily going any faster. Will generate heat though.

      Internal memory management is key for UNIX, and thus has been built in and used longer than say Windows. Although after the 386 Intel processor it was much better in the hardware it has never been as important in the Intel/Windows world to have high performance memory management. Not so with UNIX as UNIX is often running 15000 process threads for some 100-2000 users, which is still beyond reliable reach for Microsoft. Hey, when an application corrupts an OS driver at home, and the system crashes 10 minutes later is isn't like 3000 people are scrathing their ass waiting to do order input.

      I know Linux != UNIX, but close enough

      Linux as a kernel? Perhaps not... it had different roots. But as an architecure and all those things in /usr/bin, /usr/sbin -- most if not all have UNIX roots and or are developed from or in the UNIX/POSIX framework. If UNIX was defined as POSIX, then Linux is UNIX. Another point, we often view UNIX as one product, it is really a marriage of hundreds if not thousands when you view it as an OS.

      What makes Linux so kewl is it comes with compilable source. If you don't like it change it. If you want to know, read the book or the source. Anything written on it will port to almost anything UNIX/BSD/Linux from almost any vendor in a heart beat. If a company goes bankrupt or is sold -- you have the source -- no sweating bullets.

      Do keep in mind, Linux needs a compiler and many people put alot of good work into gcc and other tools like Perl, Tcl and others. Add that Linux kernels with UNIX technology and a great development environment is what makes Linux/OpenBSD/FreeBSD king.

      Best of all, Linux, UNIX, BSDs play well together. There is likely more incompatibilites and querks between Windows 98/2000/2003 than there is between Mac OS-X (BSD inside) and any xNIXs.

    22. Re:*sigh* by Anonymous Coward · · Score: 0

      Score: 2??

    23. Re:*sigh* by sapgau · · Score: 1

      But I figured that all those big/little endian conversions have been taken care of by now, and that would help the implementation to new CPUs.

      Probably that's just an impression by looking at so many flavors of Linux/BSD.

  2. IBM running scared? by Dancin_Santa · · Score: 3, Interesting

    If IBM really had this "in the bag", why would they need to do such a huge step as issuing a subpoena to Intel for all that information?

    No company wants to give up that much information, especially when much of it is not useful for the case and possibly damaging to Intel's business.

    So far, Intel has been a relative outsider in all of this, and it is hard to understand what IBM is trying to get by bringing in a hardware manufacturer into this software matter. This may be a motion to subpoena, but even IBM's army of lawyers seems to be grasping at any straw now.

    I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.

    1. Re:IBM running scared? by Anonymous Coward · · Score: 3, Informative

      Intel was the third partner in the Monterey project (UnixWare+AIX for Itanium). As to what their actual involvement was...

      However, since then Intel has been a massive backer of Linux, including massive investment into RedHat and driver engineering for Linux.

    2. Re:IBM running scared? by barc0001 · · Score: 5, Insightful

      No. They're trying to alienate as many potential allies for SCO/Canopy by showing that they're now willing to clusterbomb subpoena just like SCO is.

      On top of that, I'm sure their lawyers are very confident, they're just on a fishing expidition to see what else they can find that may be of use. Being meticulous never hurts.

    3. Re:IBM running scared? by skraps · · Score: 5, Insightful

      Have you considered the possibility that they know something you don't?

      --
      Karma: -2147483648 (Mostly affected by integer overflow)
    4. Re:IBM running scared? by forkazoo · · Score: 1, Interesting

      how is subpeonaing Intel a huge step for IBM. Rather than be bothered by the order to show more code, they basically said, "Oh, hey, we totally already showed you a bunch, but I think those guys over there may have some interesting stuff. I dunno check them out. Leave me alone."

      IOW, it's a chewbacca defense. Flood the court with lots of information which may or may not be entirely relevant. IBM can afford to keep the dog and pony show going longer than SCO can, so they will keep looking for truckloads of information that doesn't specifically incriminate them. Eventually, the court stops caring, and SCO goes bankrupt, and everybody goes home.

      (Somebody please post the text of the Chewbacca defense, in case some of the other readers aren't familiar with it. I don't have time to track it down at the moment.)

    5. Re:IBM running scared? by Eric+S+Raymond · · Score: 2, Interesting

      Duh. To get valuable information from Intel, their future competitor.

      --
      Bypass Compulsory Web Registration -- http://bugmenot.com/
    6. Re:IBM running scared? by Anonymous Coward · · Score: 0, Interesting

      There is so much that the typical slashbot "knows" about this case, and it basically boils down to SCO not having a leg to stand on. However, if that were really the case, IBM would not have need of (as someone above described this) a fishing expedition.

      So what is IBM up to? And why are they taking such a drastic step?

    7. Re:IBM running scared? by Anonymous Coward · · Score: 0

      So far, Intel has been a relative outsider in all of this

      Not really. You might want to Google for it, but basically, SCO is suing IBM for intellectual property infringement, wherein they alledge IBM to put SCO's intellectual property to the Linux kernel the intellectual property obtained when SCO, IBM, and Intel still part of Project Monterey, which is a port of UNIX for Itanium. That was before Linux gained popularity.

    8. Re:IBM running scared? by metlin · · Score: 1

      > Duh. To get valuable information from Intel,
      > their future competitor.

      Future?

    9. Re:IBM running scared? by Anonymous Coward · · Score: 0

      IBM don't need to drag it out - the whole case has turned into a disaster for SCO anyway.

    10. Re:IBM running scared? by Anonymous Coward · · Score: 0

      how is subpeonaing Intel a huge step for IBM.

      Intel isn't a sub-peon...

    11. Re:IBM running scared? by den_erpel · · Score: 2, Interesting


      I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.

      I just had a presentation on patent law and practices (not that I pretend to be an expert, I think I just got a bit less clue-less). There seem to be a number of striking similarities here.

      It is surprising to see that a very little number of patent cases are won on the grounds of the cases, most of them on technical details.

      It seemed to me that this started out as an extortion racket, hoping that IBM would just cough up and pay. They didn't, and now IBM is striking back by bleeding them: they have far more resources to continue this than SCO has. I don't think that IBM will stop by simply winning, they will continue this until SCO is dead and in this respect, this approach makes sense:

      When going to the ground of the matter, they might have a remote chance (how minute ever) that they might loose. In that case, they have made their opponent stronger. By first bleeding them, and hopefully killing them, they are just playing out all their cards, without risking anything at the moment.

      Go IBM!

      --
      Genius doesn't work on an assembly line basis. You can't simply say, "Today I will be brilliant."
    12. Re:IBM running scared? by PedanticSpellingTrol · · Score: 1, Funny
      Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: (pulling down a diagram of Chewie) this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense! (jury looks shocked)

      Why would a Wookiee -- an eight foot tall Wookiee -- want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

      But more importantly, you have to ask yourself: what does that have to do with this case? (calmly) Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

      Look at me, I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

      And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

      If Chewbacca lives on Endor, you must acquit! The defense rests.

    13. Re:IBM running scared? by den_erpel · · Score: 1
      shoot, forgot to quote the first line:

      I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.
      --
      Genius doesn't work on an assembly line basis. You can't simply say, "Today I will be brilliant."
    14. Re:IBM running scared? by wernercd · · Score: 1

      The more I think about it the more I believe that Apple isn't the most influential thing... South Park is. God I love that show and that scene is definitely one of the best.

    15. Re:IBM running scared? by johndoe7776059 · · Score: 1

      Without even getting into the logic of your post, the entire thing was based of the idea that IBM is on a fishing expedition, which you have made no effort whatsoever to try and prove.

    16. Re:IBM running scared? by Anonymous Coward · · Score: 2, Interesting

      I think a more probable explaination is something along the lines of the following:

      Intel writes a lot of code in support of their hardware. A lot of which is esoteric and somewhat portable across the various *nixes. Intel more or less gives it away. Or might sell it to a company to SCO, but return it to linux at large for free, because people who roll their own, or just download iso buy hardware some of which is high margin. Some of the code ended up having a lot of *nix in common. And thus SCO turned it up in the code comparisons, and claimed they owned it. Yet it is, or at least appears to be, almost certainly written by Intel. If SCO owns it, and Intel wrote it, there must be a document stating this. A document Intel has no interest in either forging, or feeding to a dog. In fact there must be many such documents. If IBM's latest effort fails to uncover such a document, or even more likely, uncovers a document which mearly allows SCO use of the code, and allows Intel to retain their rights.... Well in the immortal words of Theo, "Oh my god! And the quarterback is toast!"

      "Duh, of course there is other code common to the SCO products, IBM products, and Wild Linui, Intel wrote it to sell hardware. So what exactly do you make over there in the company offices?"

      Given how little success SCO has had, it would lead me to believe that if this speculation is the case (big if), it would torpedo almost all of the evidence they've put forth that was any shade of convincing, and furthermore, they should have known better if Intel produces such hypothetical documents.

    17. Re:IBM running scared? by Donny+Smith · · Score: 1

      >Future?

      Yes, future (as in "in coming weeks"; when they launch el cheapo PowerPC servers for Linux).

      Which part of that post is unclear?

    18. Re:IBM running scared? by EmagGeek · · Score: 1

      I disagree. I don't think IBM would go off on a fishing expedition against a seemingly uninvolved party. My hunch is that IBM knows Intel has stabbed them in the back wrt SCO and wants to find out just how bad the damage is.

      Remember, IBM turned the table on Intel back in the mid 90's by decided to manufacture several competing x86 products (some of them even branded IBM).. remember the Cyrix processors?

      If Intel was in possession of some priveleged communication from IBM regarding SCO and Linux, and just happened to erroneously send them to SCO, that might be a bad thing for IBM...

    19. Re:IBM running scared? by metlin · · Score: 2, Informative

      The part that you missed.

      Intel already *is* a competitor (and has been, for a while).

    20. Re:IBM running scared? by Tim+C · · Score: 3, Funny

      Linui

      That has to be the most ridiculous fake pluralisation I've ever seen.

    21. Re:IBM running scared? by Anders+Andersson · · Score: 1
      It seemed to me that this started out as an extortion racket, hoping that IBM would just cough up and pay. They didn't, and now IBM is striking back by bleeding them: they have far more resources to continue this than SCO has.

      Besides seemingly growing into a mother-of-all-lawsuits kind of apocalyptic event (complete with horsemen and angels), it also reminds me of the Duckburg statue fight...

    22. Re:IBM running scared? by Anonymous Coward · · Score: 0

      IBM doesn't want to have to spread their IP around, and if they have to, they're probably pretty irritated, and perhaps even interested in spending SCO into the graveyard. Intel was a partner for Project Monterey, and IBM most likely has an interest in either using their documents to prevent having to spread their intellectual property, using them to run out SCO's funds, or making them demonstrate that they have had a hand in this annoyance.

    23. Re:IBM running scared? by mcc · · Score: 2, Insightful

      It seemed to me that this started out as an extortion racket, hoping that IBM would just cough up and pay. They didn't, and now IBM is striking back by bleeding them: they have far more resources to continue this than SCO has.

      This theory would make more sense if it was IBM that has been dragging this whole thing out. It hasn't. IBM's been forthright with what the court has ordered. SCO's missed quite a lot of their deadlines for producing things and seems to be doing absolutely everything they can to delay as much as possible; they keep changing their focus in the courtroom, they keep insisting they know things and then suddenly announce they need an undetermined amount of time to pronounce the things they know, they respond to every complied-with set of evidence from IBM with suddenly different and far expanded demands for evidence. They spent most of their time in court over the last year continually objecting, no matter the nature of things, that they couldn't go on because IBM had not produced a specific set of evidence that the court had repeatedly ruled IBM didn't have to produce, until finally in the last court ruling the judge finally ordered IBM to produce this, with the reason given being "to appease the rote objection by SCO".

      IBM is not the one who is making this take so long.

      I don't think that IBM will stop by simply winning, they will continue this until SCO is dead and in this respect, this approach makes sense:

      Thing is, IBM doesn't have to stop with simply winning... they've filed a countersuit. When SCO's case against IBM ends, IBM's case against SCO will go on.

    24. Re:IBM running scared? by geomon · · Score: 2, Interesting

      So what is IBM up to? And why are they taking such a drastic step?

      This may be the only avenue available to IBM in complying with the court order.

      If there is documentation that they need to satisfy the discovery order, they have no choice but to subpeona Intel.

      They could have done this long ago. They may have been holding on until they felt compelled by the courts to act.

      --
      "Rocky Rococo, at your cervix!"
    25. Re:IBM running scared? by OwnedByTwoCats · · Score: 1

      IBM insisted for a second source for Intel parts from the 8088/IBM PC days. As it worked out, IBM has the right to manufacture 486s.

      The IBM PC worked out pretty well for Intel.

    26. Re:IBM running scared? by Anonymous Coward · · Score: 0

      Hey! Everyone knows it should be like:

      Virus, virii -> Linux, Linii :)

  3. Enough by X43B · · Score: 4, Funny

    Wake me up when it is over.

    1. Re:Enough by superpulpsicle · · Score: 3, Funny

      Guess you'll be in a coma for the next 10 years.

    2. Re:Enough by wernercd · · Score: 1

      Yeah. You might as well say 'I'm not going to vote between a Doush and a Turd. Wake me up when there are two good candidates to choose from.'

      Have a nice nap

  4. my professional, legal and technical opinion.. by che.kai-jei · · Score: 1, Interesting

    ..is wow.

    dont be so quick to dismiss it.
    hwo is really intels competitor amd or ibm?
    amd for now. but i bm may displace both once x86 completely dies.

    1. Re:my professional, legal and technical opinion.. by cyberfunk2 · · Score: 4, Insightful

      Spelling and grammer helps when attempting to disseminate a professional opinion.

    2. Re:my professional, legal and technical opinion.. by njcoder · · Score: 2, Funny
      " Spelling and grammer helps when attempting to disseminate a professional opinion."

      Grmamar deos, but stuides have shwon taht if you at laset get the frist and last letetrs rihgt, poelpe can gerenaly raed it.

    3. Re:my professional, legal and technical opinion.. by DietCoke · · Score: 2, Informative

      "Grmamar deos, but stuides have shwon taht if you at laset get the frist and last letetrs rihgt, poelpe can gerenaly raed it."

      You forgot to read the last paragraph of the study:

      "Doing this on purpose in a setting out of context generally implies that the instigator needs to find a new hobby."

    4. Re:my professional, legal and technical opinion.. by cyberfunk2 · · Score: 1

      He shoots.. he scores !

    5. Re:my professional, legal and technical opinion.. by Coryoth · · Score: 4, Interesting

      For all the speculation about IBM vs. Intel, it seems to me that this post had the most sensible explanation of what's going on here. The SCO case is about Project Monteray now, which was an AIX on Itanium endeavour. It makes perfect sense to drag Intel in to discuss what SCO was told by Intel about Itanium, and its various delays.

      All this jumping to conclusions about IBM and PPC slugging it out with Intel is unbelievably silly given this other explanation that fits the facts (and the case) far better. Can we cut the stupid conspiracy theories?

      Jedidiah.

    6. Re:my professional, legal and technical opinion.. by gl4ss · · Score: 1

      completely dies?
      you smoking crack?

      obviously they need some information to prove their point.. information that is technically intels.

      --
      world was created 5 seconds before this post as it is.
    7. Re:my professional, legal and technical opinion.. by Anonymous Coward · · Score: 0

      That would be "grammar".

    8. Re:my professional, legal and technical opinion.. by Anonymous Coward · · Score: 0

      ITYM "Spelling and grammar help"

    9. Re:my professional, legal and technical opinion.. by TommydCat · · Score: 1

      ajow y)nw s6u!y+ a+e)snjqo o+ spue+ umop ap!sdn 6u!dh+ 'ja^amoH

      --
      This comment does not necessarily represent the views and opinions of the author.
    10. Re:my professional, legal and technical opinion.. by Anonymous Coward · · Score: 0

      Who in the world are you that commands the powers of the moderators? Very rarely are you're posts any more insightful, usefull, funny, whatever than anyone elses yet t seems almost every front page story you have at least one comment posted to the top.

    11. Re:my professional, legal and technical opinion.. by beav007 · · Score: 1

      Can we cut the stupid conspiracy theories?

      Are you kidding? This is slashdot, after all...

  5. Battle of the Titans! by Anonymous Coward · · Score: 0

    Hopefully all the big companys get drawn in then we can get some drama!

    1. Re:Battle of the Titans! by AwaxSlashdot · · Score: 0

      Let's bring in others : Boeing, Nortel, ... Enron

      AWx

      --
      Sig (appended to the end of comments you post, 120 chars)
  6. Down with SCO by soda160289 · · Score: 0, Troll

    Everyone who belives SCO should die say Aye!

  7. linux on ppc by datadriven · · Score: 3, Insightful

    I'm sure IBM would be happy if linux on ppc hardware got REAL popular

    1. Re:linux on ppc by aichpvee · · Score: 0
      Linux on PPC, now that's something everyone can enjoy!

      Except maybe the hardcore windows fanboys.

      --
      The Farewell Tour II
    2. Re:linux on ppc by Anonymous Coward · · Score: 1, Funny

      Ooooh oooh! Or those hardcore VMS fanboys!!! Or those Plan9 wankers!! LOL!! Or the fans of any other real operating system!!! This is such a fun template! Thanks!!

    3. Re:linux on ppc by metlin · · Score: 1


      You mean like this?

    4. Re:linux on ppc by faragon · · Score: 1

      IBM wants to bite the desktop microprocessor market, it is obvious. Despite their OS/2 attempt, they may be luckier with a hardware assault. Anyway, pushing by hardware battle it is not only good for the usr, but for the market too.

      Anyway, I'm sad to see a legal litigation, I preffer engeneering competition.

    5. Re:linux on ppc by aichpvee · · Score: 0

      I was just saying it's something we can all enjoy. Though I was thinking more along the lines of the now-defunct Slackintosh project.

      --
      The Farewell Tour II
    6. Re:linux on ppc by SnarfQuest · · Score: 1

      I'm sure IBM would be happy if linux on ppc hardware got REAL popular

      Isn't the PlayStation3 being based on PPC cell technology?

      If PPC cell lives up to all the hype, it might make a very intresting Linux system.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
  8. Chinese conspiracy by Anonymous Coward · · Score: 0

    It's actually the future Chinese owners of IBM PC devision who wanted this. It's the first step for taking over Intel. Next subpoena Microsoft.

    1. Re:Chinese conspiracy by Anonymous Coward · · Score: 0

      Next subpoena Microsoft.

      We can only hope. IBM isn't going to get much back from countersuing
      a bankrupt SCO, but if the money and directions for the SCO lawsuit
      come from Redmond (and we know about a lot of money flowing from there
      to SCO), then stopping the cancer at its source with Lanham act action
      should act as a deterrent to future similar actions.

  9. How typical... by Regnard · · Score: 2, Funny

    only goes to show that nobody goes down alone.

    --
    Need a color? Try 100 random colors
  10. Food for thought by Amiga+Trombone · · Score: 2, Insightful

    Don't ask me what it means, because all it means to me so far is that IBM suspects or knows something we don't yet know but we will, I'm sure, eventually find out. You don't usually have to depose your best friends, though. They tell you whatever you need to know volitionally, because they want you to win, and they'll do a declaration for you. You subpoena folks who are not eager to tell you what you wish to learn, or who wish to appear so.

    No, you usually don't have to depose your best friends. Which is why this action may give some insight into the real state of relations between IBM and Intel.

    Now that IBM has dumped their Intel PC business, they can afford to take off the gloves, and not have to worry about making nice in the morning.

    1. Re:Food for thought by HFShadow · · Score: 2, Insightful

      Or, intel hinted to IBM that they had some juicy details, but couldn't reveal them for one legal reason or another unless IBM could get a subpoena.

    2. Re:Food for thought by Anonymous Coward · · Score: 0

      So far, Intel has been a relative outsider in all of this, and it is hard to understand what IBM is trying to get by bringing in a hardware manufacturer into this software matter. This may be a motion to subpoena, but even IBM's army of lawyers seems to be grasping at any straw now, and (spoiler alert) Hilary Swank's character is rendered paraplegic in a fight, and Frankie hesitates before helping her commit suicide.

      I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.

    3. Re:Food for thought by haggar · · Score: 1

      Now that IBM has dumped their Intel PC business, they can afford to take off the gloves, and not have to worry about making nice in the morning.

      And the converse is true, as well. Intel can go full throttle against IBM without risking any business, except maybe those 4 Itanium servers a year that IBM moves for them.

      --
      Sigged!
    4. Re:Food for thought by Anonymous Coward · · Score: 0

      WTF? Have you ever heard of "X Series"??
      IBM and Intel have a very strong relationship.

    5. Re:Food for thought by strider44 · · Score: 1

      Have you ever thought that this might be done as a favour for intel as opposed to intel being on the other side? Intel might just be saying "I don't want to appear to get involved, so just depose the required evidence".

    6. Re:Food for thought by Anonymous Coward · · Score: 5, Informative

      > No, you usually don't have to depose your best friends.

      How did this get +4 Insightful? Obviously you've never dealt with a court case more complicated than a traffic ticket.

      When two companies discuss business it is done under Non-disclosure Agreements. Now I'm sure SCO and Intel had meetings about ia64 (since SCO was working on an OS for it and all) If IBM just went to Intel and said "hey tell us what SCO said back then" and Intel complied then SCO could sue Intel for NDA breach. Unlike their current suits they'd actually win that one, too.

      In a previous job we were in a similar position -- one of our customers was being (quite justifiably) sued and the other party needed information relevant to the case from us.

      We compiled the information but we couldn't just give it directly to them because that would breach our agreements with our (now former) customer. Instead we made a list of everything we had and had OUR LAWYERS write up a subpoena based on that.
      Then we handed it to them and said "please have this served on us". As soon as it had a judge's signature on it we faxed them the stuff they wanted within minutes.

      Basically in civil litegation ABSOLUTELY EVERYTHING that you find out from third-party corporations goes through the subpoena process whether they're friend or foe. Don't assume just because Intel got one from IBM that they must be on SCO's side or anything.

    7. Re:Food for thought by AK+Marc · · Score: 1

      WTF? Have you ever heard of non-disclosure agreements (NDAs)?
      They will prevent you from talking about something, like communications, without a subpoena.

    8. Re:Food for thought by Anonymous Coward · · Score: 1, Funny

      > except maybe those 4 Itanium servers a year that IBM moves for them.

      That would instantly cut off 50% of their itanium revenue dude!

    9. Re:Food for thought by LarsWestergren · · Score: 1

      From the article:
      IBM wants to be the first vendor to offer Unix on Intel's much touted 64-bit Merced chip. IBM is off to a decent start, having completed a 24 hour dry run at an Intel lab last week.

      I first read this as a "24 hour dry heave". Man, that's gotta hurt. SCO didn't stink that much at the time though. :-)

      --

      Being bitter is drinking poison and hoping someone else will die

    10. Re:Food for thought by SpaceLifeForm · · Score: 1

      Did you misread? That was the point HFShadow was making.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    11. Re:Food for thought by Anonymous Coward · · Score: 0

      Pretty sure parent was intended as a joke. Article is dated 1999.

    12. Re:Food for thought by Anonymous Coward · · Score: 0

      Makes one wonder just how qualified any commentary from the once-great PJ really is.

      She now claims to be a journalist but demonstrates an ignorance between reporting news and writing an editorial (see her criticism of "Yes, Virginia, there is a Santa Claus").

      As a para-legal, she should have known that you subpoena third-partys when there are NDAs involved. And as much coverage as she has given this case (and others), she should have known about the existence of NDAs if her research was as in-depth as is widely believed.

    13. Re:Food for thought by Anonymous Coward · · Score: 0

      You sure stuck your foot in your mouth. Look who the parent for his response was. Hint: it wasn't HFShadow.

    14. Re:Food for thought by Anonymous Coward · · Score: 0

      Why does anyone feel that her research is in-depth? A lot of the documentation-related work is done by third-parties for Groklaw. PJ has become little more than a pro-OSS editorialist. There isn't even really enough information available about this case to even justify a high-volume website, which is why we see a lot of opioninated junk from someone looking to make a name for herself.

  11. Hmm, interesting... by PaulBu · · Score: 2, Insightful

    So far the consensus here was that it is Microsoft behind the whole SCO debacle -- but what if IBM knows better (and I guess I'd bet my $10 on THEM knowing better ;-) ).

    Is it a purely defensive move? Or is the the "beginning of the end" of the PC industry as we knew it?

    Linux + PPC (+ IBM) might beat BSD + PPC (+ Apple) -- espcially since IBM makes the PPC part! -- and definitely beats Windows + i86, but why the hell NOW??? What do they know that I do not?

    Maybe I should actually go RTFA, but I doubt it will clear things for me.

    Paul B.

    1. Re:Hmm, interesting... by Art+Tatum · · Score: 1

      Is it a purely defensive move? Or is the the "beginning of the end" of the PC industry as we knew it?

      I don't know. But the whole thing is starting to remind me of the end of a theatrical production when all the actors come out on stage. Who's next, Charles Babbage?

    2. Re:Hmm, interesting... by hdparm · · Score: 1

      It is still hard to believe that IBM would be able to make a big dent in Wintel market. At least not quickly. For some reason, I think IBM and Intel are on the same side here.

    3. Re:Hmm, interesting... by Anonymous Coward · · Score: 0

      Your industry faultlines are drawn wrong. It's actually more like this:

      IBM, Apple, Motorola, BSD, Linux

      vs.

      Microsoft, Intel, Dell, George W. Bush, ...

    4. Re:Hmm, interesting... by Trogre · · Score: 1

      IBM, Apple, Motorola, BSD, Linux

      vs.

      Microsoft, Intel, Dell, George W. Bush, ...


      Come on, you can't tell me that MS/Intel/Dell are still the only players in the PC market. I don't remember the last time I bought Dell or Intel, and I buy a great deal of PCs for a significant company.

      Then again I don't buy Microsoft much either, so who am I to talk?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    5. Re:Hmm, interesting... by Coryoth · · Score: 3, Informative

      So far the consensus here was that it is Microsoft behind the whole SCO debacle -- but what if IBM knows better (and I guess I'd bet my $10 on THEM knowing better ;-) ). ... What do they know that I do not?

      IBM knows that Intel knows all about Itanium, its roadmaps, schedules, and delays. IBM knows that Intel has a good idea of what they told SCO about Itanium schedules and delays. Given that SCO is now down to claiming that any funny business about purloining code went on during Project Monteray, on which IBM and SCO cooperated, and that that was largely about AIX on Itanium, details about Itanium and what SCO knew about it are important.

      There are perfectly straightforward, perfectly innocent explanations for why IBM would want information from Intel, and oddly enough they fit the current major issues of the case far better than any wild and extravagant theories about Intel conspiring to bring IBM down.

      So what does IBM know that you don't? IBM know what they're talking about.

      Jedidiah.

    6. Re:Hmm, interesting... by Anonymous Coward · · Score: 0

      I love all this litigation... nothing like confusing the whole world regarding the legality and legitimacy of Linux. Everyone will be, should be afraid of using Linux lest they end up being named in a lawsuit. Just what project managers and big business wants to hear. That they're new KEY OS is the target of massive legal entanglements. I love it. MS won't have to "beat" Linux, the whole Linux crowd will do it to themselves and we'll finally get back to simply "users groups" like we should have remained. Free software for those that want it, but no hidden agenda about taking over the world.

    7. Re:Hmm, interesting... by Anonymous Coward · · Score: 0

      I'm sorry - "user groups"? "No hidden agenda"? Where the hell have YOU been for the last 20 years? It certainly hasn't been anywhere near the IT industry.

    8. Re:Hmm, interesting... by Andy_R · · Score: 1

      Does IBM taking the Xbox II away from Intel count as making a big dent? I believe IBM sees it's Power archtecture (possibly accompanied by Sony's Cell as in the PS3) as the natural successor to the x86 line, and is therefore at war with Intel.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    9. Re:Hmm, interesting... by mattyrobinson69 · · Score: 1

      if they made a PPC/x86 hybrid chip and board, they'd beable to syphon off the market - if they convinced via that via want to make chipsets for them, they'd have a large market base to draw from.

    10. Re:Hmm, interesting... by Shokac · · Score: 1
      Linux + PPC (+ IBM) might beat BSD + PPC (+ Apple) -- espcially since IBM makes the PPC part! -- and definitely beats Windows + i86, but why the hell NOW??? What do they know that I do not?

      Gosh, I wonder, why did IBM sold their x86 factory ??? Looks like they are done with x86 products, and going to introduce alternative platform like ppc + Linux.

      well, this is just MHO.. but who knows what tomorrow brings

    11. Re:Hmm, interesting... by Anonymous Coward · · Score: 0

      IBM has made no moves toward moving the PPC into the PC arena. They're much more interested in making a buck while lucrative parts of the PC market are eroded by cheaper specialty devices. The margins on the PC market are not very high, and the cost of trying to supplant Intel far too much to contend with. If you develop technologies that perform the functions that people buy PCs for (other than CAD/word processing/etc) but without making them think of the devices are PCs, then they don't care when it doesn't run Windows, doesn't execute their old x86 software, and are enticed by whatever novelty it brings in a market that is not very innovative and therefore not especially prone to fulfilling the human dsire for novelty.

    12. Re:Hmm, interesting... by Anonymous Coward · · Score: 0

      They don't need to. That's the job of Apple Computer.

      For those of you trying to stick AMD in it somewhere, the fact that AMD is competing successfully with Intel may weaken them may give IBM a chance in inject their chips into the market as well.

  12. How much longer until... by RyuuzakiTetsuya · · Score: 3, Funny

    Bumblebee Man from the Simpsons gets involved?

    --
    Non impediti ratione cogitationus.
    1. Re:How much longer until... by Anonymous Coward · · Score: 0

      Or until El Barto defaces them all, and they all quit in shame.

    2. Re:How much longer until... by Anonymous Coward · · Score: 0


      Oy mi estomigo


    3. Re:How much longer until... by Captain+Nitpick · · Score: 1
      Bumblebee Man from the Simpsons gets involved?

      Please, this is serious.

      They're going to subpoena El Chapulín Colorado, not some cheap running gag reference to him.

      --
      But then again, I could be wrong.
  13. Hog wash! by bstadil · · Score: 5, Informative
    It's just a protection effort by IBM.

    What they most likely want to establish is that SCO new Itanium was delayed and Intel notified them about the changing strategy of the processor.

    SCO is claiming that the Monteray project was cancelled by IBM "out of the blue (Pun somewhat intended)" and due to the advent of Linux. IBM canceled the Monteray project as they were allowed to do since the business reason for continuing was no longer there. They need to have Intel confirm this, information which Intel obviously is reluctant to provide

    --
    Help fight continental drift.
    1. Re:Hog wash! by Anonymous Coward · · Score: 0

      Thank you. If only there was a way to only get significant, intelligent post like yours on slashdot...

    2. Re:Hog wash! by LearnToSpell · · Score: 2, Funny

      Read at +5. That way you'll see both of them.

    3. Re:Hog wash! by Heggsy · · Score: 3, Insightful

      It's also worth considering contractual obligations. If Intel has agreements which they are contractually obliged to keep confidential, I would imagine that they couldn't divulge said information to IBM even if they really wanted to.

      A court order to produce such information (probably under seal) would trump the confidentiality agreement.

      Also, there may be business reasons why Company A doesn't want to appear too eager to acquiesce to the demands of Company B. A subpoena will preserve the fiction that 'they made us do it'.

  14. IBM by cyberfunk2 · · Score: 0, Troll

    IBM isnt running scared.. they're just playing the same dirty subpeona game that SCO is playing.

    This is just another tactic to hopefully run SCO out of funds so they cant continue. We all know how it's gonna end, IBM's just trying to waste as little of THEIR money as possible by wasting as much of SCO's time and money as they can. Intel's just an unfortunate bystander.

    1. Re:IBM by Anonymous Coward · · Score: 0

      i just troll slashdot to see what peoples views are usually and i think my trolling came in handy this time...

      your argument here is invalid since SCO has a set fee for all their ongoing legal costs in this matter, this was discussed on slashdot some 4 months or so ago...

    2. Re:IBM by cyberfunk2 · · Score: 1

      for a set period of time. When that time runs out.. SCO's gonna need to pony up more. The lawyers arnt that stupid.

  15. Soap Opera Digest, eat your heart out. by RealisticCanadian · · Score: 2, Insightful

    OK, So SCO starts a frivolous lawsuit to try and become a household name before it goes belly up. Now, in the crosshairs, and with far more power and finances at their disposal, IBM calls in some other top-dogs to drag this out into a dirty courtroom scrap that promises to last even longer. Stalling tactics hoping SCO runs out of money? Maybe, but more likely, like most of these software-based lawsuits, it's just to add enough confusion to the mediation to keep anyone who wasn't actually there from ever seeing the truth. And this drama all plays out for us on the daily news... lucky us. Your tax dollars hard at work. That's one expensive soap-opera.

    --
    A couple fans told me that my last journal entry was mint; give it a shot. Hope you like.
    1. Re:Soap Opera Digest, eat your heart out. by freemacmini · · Score: 1

      SCO is not going to run out of money. MS has given them 12 million dollars and arrainged for another 50 or so from baystar. Sun chipped in 9.x million too.

      So far both sun and MS have gotten their money's worth from the deal. Lots of FUD, doubts raised about linux adoption etc.

      There is no reason to think MS will stop there. If SCO starts to run out MS will find a way to pour some more money in. They have already signed some contracts with other canopy companies and some of that money will end up in the SCO legal warchest sooner or later.

      This has been a great negtive advertising campaign for MS and it only cost them 12 million dollars.

    2. Re:Soap Opera Digest, eat your heart out. by Anonymous Coward · · Score: 1, Insightful

      "and arrainged for another 50 or so from baystar."

      Baystar later withdrew the majority of this.

    3. Re:Soap Opera Digest, eat your heart out. by TapeCutter · · Score: 1

      To paraphrase another post. It is in IBM's interest to crush SCO and even better to let all other potential SCO copycats watch the leagal tourture and eventual slaughter of SCO.

      Another common assumption seems to be that because IBM went through the courts to get info from Intel therfore it follows that Intel must be pissed off because IBM is attacking them. The fact is even if Intel knew something and desperately wanted to give IBM the info they would have to ask IBM to get it via the court. Any dealings between Intel and SCO would be under a NDA so if Intel simply donated the info they would be in breach of contract (sco_score++).

      Personally I hope IBM will teach MS...umm, SCO a very expensive lesson in corporate strategy.

      Tax dollars - huh?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:Soap Opera Digest, eat your heart out. by CAIMLAS · · Score: 1

      It's times like these that I really wish I was a IP lawyer working for IBM. Or for that matter, for SCO, so I could fuck up the ship and still take home bank.

      Talk about job security.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    5. Re:Soap Opera Digest, eat your heart out. by freemacmini · · Score: 1

      Once they realized they were duped by MS and SCO.

      They have been selling that stock like crazy at around $4.00 though. God only knows how much they lost.

      Not that I feel sorry for them, that's what you get when you partner with MS. They should know that by now.

    6. Re:Soap Opera Digest, eat your heart out. by mcc · · Score: 1

      Maybe, but more likely, like most of these software-based lawsuits, it's just to add enough confusion to the mediation to keep anyone who wasn't actually there from ever seeing the truth

      Another possibility is that perhaps IBM subpoenaed Intel in order to gather evidence that might be relevant at trial.

      Just a thought.

  16. Intel UniX by DAldredge · · Score: 5, Interesting

    In the before time, from the long long ago Intel ported and sold a Unix of its own.

    Perhaps info regarding thost contracts is what IBM is after.

    1. Re:Intel UniX by Zab+UvWxy · · Score: 1

      Hmm.... Microsoft had a UNIX-y OS some years ago (XENIX? anyone?) - maybe some posters above are correct, and perhaps Microsoft *is* the next subpoena?

      Curiouser and curiouser....

      --
      "I don't get it." -- ObviousGuy
    2. Re:Intel UniX by Make · · Score: 1

      iirc, Microsft Xenix is now known as SCO OpenServer. make your math.

  17. I just LOVE this part! by PaulBu · · Score: 1

    The term "communication" shall mean any transmittal of information, whether oral or written, including correspondence, electronic mail and other internet transmissions, web pages, Internet Relay Chat logs, instant messages [...]

    I can just imagine Intel's Craig Barrett and our beloved Darl frigging chatting on IRC (!) how to shut the whole Leenux thngy down... ;-)

    Or is it IBM just playing cute for the Groklaw / /. crowd?

    Paul B.

  18. Don't even dare analyze this article by l33t-gu3lph1t3 · · Score: 5, Insightful

    With very few exceptions, no one who will post in this thread has any authoritative knowledge of business analysis or high-level computing industry politics. I can also predict that not a single soul who posts in this thread will have a good understanding of the legal nuances of IBM's most recent actions in the SCO case.

    So please, don't waste our time with useless conjecture, predictions, and "what-if" scenarios. Because really, what's going on here is just mental masturbation. Move along.

    --
    ------- "From bored to fanboy in 3.8 asian girls" ----------
    1. Re:Don't even dare analyze this article by Macadamizer · · Score: 1

      What!?! You mean having Linux on your desktop and hating M$ doesn't make you an expert at complex IP litigation? Say it isn't so!

      --

      "That's not even wrong..." -- Wolfgang Pauli
    2. Re:Don't even dare analyze this article by Anonymous Coward · · Score: 0

      "So please, don't waste our time with useless conjecture, predictions, and "what-if" scenarios. Because really, what's going on here is just mental masturbation. Move along."

      I agree entirely. This sort of thing should be left on Groklaw, and not be allowed to spread out onto "thinking" sites.

    3. Re:Don't even dare analyze this article by Anonymous Coward · · Score: 0

      "With very few exceptions, no one who will post in this thread has any authoritative knowledge"

      "don't waste our time with useless conjecture, predictions, and "what-if" scenarios. Because really, what's going on here is just mental masturbation."

      you must be new here

    4. Re:Don't even dare analyze this article by theonetruekeebler · · Score: 1
      So please, don't waste our time with useless conjecture, predictions, and "what-if" scenarios.

      You're new here, aren't you?

      What's going on here is just mental masturbation.

      And that's not what Slashdot is for, right?

      Move along.

      Wait a second...these are the droids we're looking for! Step out of the speeder, please, and keep your hands where I can see 'em.

      </sarcasm>

      --
      This is not my sandwich.
    5. Re:Don't even dare analyze this article by Lord_Dweomer · · Score: 1
      You must be new here...

      --
      Buy Steampunk Clothing Online!
    6. Re:Don't even dare analyze this article by silicon+not+in+the+v · · Score: 1

      But there really IS a wookie!! :)

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  19. Re: Monterey by cyber_rigger · · Score: 1

    IIRC the big squabble was about the failed Monterey project with SCO
    where Unix was to be put on the Intel "Merced"

    I'm sure that plenty of information passed through Intel at the time.

  20. Intel should subpoena AMD! by Mustang+Matt · · Score: 3, Funny

    You know if enough companies subpoena each other maybe we'll end up with "open source" hardware (not necessarily GPL) but force all the companies to give up their trade secrets and consumers reap all the benefits! MWUahahahaha!

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:Intel should subpoena AMD! by Macadamizer · · Score: 1

      Yeah, except everything that is remotely a "trade secret" will get subpoenaed and discovered under a protective order, which means only the judge and the lawyers will see the really interesting stuff...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    2. Re:Intel should subpoena AMD! by atcurtis · · Score: 4, Informative

      We already did have "open-source" hardware ... 20 years ago!

      My original IBM PC/XT came with a technical reference manual which contains the complete BIOS assembler source code and complete circuit diagrams for every board in the computer. Since it was constructed using OTS ICs, someone single-minded enough could construct a whole PC based upon those specifications - and I am sure that the whole PC industry owes it to IBM for making available those specifications and hence giving rise to all the clones... The tricky part for the cloners is to 'clean-room' design a clone without infringing on IBM's copyright - an issue which IBM did take to court on more than one occasion.

      That PC is long gone but I still have the original IBM technical reference manual. Its a nice hardcover ring-bound book. They don't make manuals like they used to!

      --
      -- The universe began. Life started on a billion worlds...
      -- Except on one where stupidity was there first.
    3. Re:Intel should subpoena AMD! by ari_j · · Score: 1

      Not sure if you're aware of this or not, but I'm not sure that Intel can subpoena AMD, here. I'm pretty sure that non-parties to a suit can't just go around subpoenaing documents and depositions from other non-parties. Now, if Intel were to intervene in the suit or be impled as a party, that would change things.

    4. Re:Intel should subpoena AMD! by samdu · · Score: 1

      Amen! My Commodore 64 and my first Amiga both came with big fat manuals that included schematics. I kinda miss those days.

    5. Re:Intel should subpoena AMD! by bwcbwc · · Score: 1

      I loved that XT technical reference manual. It helped me ace my microprocessor system design class back in the 80's.

      I bet IBM regrets ever producing the thing though. It probably accelerated the development of PC clones by a couple of years or more.

      --
      We are the 198 proof..
    6. Re:Intel should subpoena AMD! by KlomDark · · Score: 2, Informative

      You can still get Dave William's DOS Technical Reference Manual at http://public.planetmirror.com/pub/freedos/files/d ocs/ which contains a very technical reference to the BIOS inside. (Note that it is now located inside the FreeDOS documentation, as it was used as a reference in creating FreeDOS)

    7. Re:Intel should subpoena AMD! by greed · · Score: 2, Interesting
      My Commodore 64 and my first Amiga both came with big fat manuals that included schematics.
      Unfortunately, for the basement cloner, both systems used custom ICs built by Commodore's MOS Technologies division.

      Fortunately, the machines were cheap enough that there wasn't much call for clones. And the custom chips gave the Amiga a performance edge over everything else for a couple of years. The custom ICs in the 64 weren't so much about performance as cost--replacing 74-series TTL chips with a pair of PLAs, the SID and VIC-II chips, and the fairly-sophisticated-for-the-time CIA chips.

      Which doesn't explain why serial I/O on both machines was handled in such a boneheaded way. Async serial on the 64 was run of the non-maskable interrupt line on the CPU; entirely timed in software. No use of hardware shifters; there wasn't a UART anywhere on the machine. (There was a synchronous serial port, which was noticably NOT used for the floppy/printer port--that was also all done in software.)

      The Amiga at least had UARTs, so the hardware handled start/data/parity/stop in async serial I/O... but the hardware flow control (RTS/CTS) was done in software!

      Ooops, that's not the point....

      Anyway, even though there wasn't much point in building a Commodore machine from parts, you could sure have a lot of fun with a soldering iron, some TTL chips, and one of those schematics.

  21. when will MS be invited to the party? by Anonymous Coward · · Score: 0

    would be cute to see that :)

  22. You repeat yourself. by Joseph_Daniel_Zukige · · Score: 1

    Like Microsoft does.

    I think IBM ought to just take all the data that SCO wants, dump it on a big slag of a hard disk in tarred text form, and dump it in SCO's lap.

    There's your data, now what are you going to do with it.

    Kind of like when the dog chases you and you stop the car and get out and ask the dog what he wants with your car.

    No, I'm sure it's got to do with the termination of Monterrey. Perhaps somebody at iNTEL has already told the lawyers at IBM what parts to extract. Then they give the whole boatload to SCO for double checking, so SCO know's they've gone over the line in their fishing expedition.

    1. Re:You repeat yourself. by Anonymous Coward · · Score: 0

      You ought to reply to the original post that this the parent was stolen from.

    2. Re:You repeat yourself. by zcat_NZ · · Score: 1

      I think IBM ought to just take all the data that SCO wants, dump it on a big slag of a hard disk in tarred text form, and dump it in SCO's lap.


      Hard disk? Way too convenient! They need to print it. On a crappy old daisy-chain printer, partly because it's cheap but mostly because the 'ribbon imprint' and bad alignment of those fsckers makes OCR near impossible..

      --
      455fe10422ca29c4933f95052b792ab2
    3. Re:You repeat yourself. by mattyrobinson69 · · Score: 1

      Or print it on a bubble jet, in lime on yellow. That'll teach the bastards.

    4. Re:You repeat yourself. by lcam · · Score: 1

      One of the conditions with handing over data is that it's in an easily accessible format. So dumping miles of continuos dot matrix paper isn't acceptable in court.

      IBM is probably going to hand over a truckload packed with CD's written with some output of there software versioning system (almost as bad)

      Worse yet, the cd's are probably only marked with some alfanumeric indicator written in a felt pen. Those alfanumeric symbols probably will be references that only make sense if you have an index CD with a database of information dereferencing those alfanumeric indicators.

      If IBM just packed the index CD in with the rest, it means somebody will be wading carefully though a truckload of optical media trying to find a specific alfanumeric value written on some disk.

      If the recieving party isn't carefull about the way the CD's are unloaded then this could take a very long time. Each step in their fishing expedition will prove to be like trying to fish with a rusty hook on the end of a tangled line with no bait in a mosquito infested pond.

    5. Re:You repeat yourself. by zcat_NZ · · Score: 1

      Dead trees are 'easily accessable', they're just not computer-searchable. It seems to be good enough for my local telephone company, if I wanted a searchable CDrom of the telephone directory it would cost me several hundred dollars. The less convenient dead-tree version is given away for free..

      --
      455fe10422ca29c4933f95052b792ab2
    6. Re:You repeat yourself. by lcam · · Score: 1
      Dead trees are 'easily accessable', they're just not computer-searchable.

      The thing with telephone directories is that they *should* only be searchable by their primary index (last name). A computer searchable CDROM can be ?hacked? to allow the user to create a database searchable by whatever information was contained (phone number, address, first name). So the CDROM version is a bit *too* accessible (maybe). For the phone company the less accessible their directory the more anonymous their customers are.

      Perhaps the judges idea of easily accessible differs a bit from source code to a telephone directory.

      But given the quantity of information, that first few truckloads of CD's, may only contain stuff like smit, the IBM compiler whatever other proprietry IBM code they may have around; they may not have to send a single line of actual kernel code until about the 5th? 10th? 20th? truckload. I don't think the judge specified that AIX kernel code specifically, rather AIX as a system. Plus nobody says they have to fill the CD's to capacity. :)

    7. Re:You repeat yourself. by Lehk228 · · Score: 1

      Plus nobody says they have to fill the CD's to capacity. :)

      Deliberately making it difficult to use information related to a subpoena will get you slapped with contempt of court charges, on the other hand if each *file* were to get it's own CD-R that would probably pass court scrutiny, as it is a logical division of data, oh and anything less than 1.44 megs should be thrown on a floppy

      --
      Snowden and Manning are heroes.
  23. I sure hope not. by Anonymous Coward · · Score: 0

    Your hypothesis sounds plausable however, I hope it's not accurate. That's the part that really sucks about our courts is that other entities can become innocent bystanders.

    1. Re:I sure hope not. by Anonymous Coward · · Score: 0

      It also means that the courts are less powerful than big corporations. If a company has enough money to hold out against a plaintiff and the judge doesn't have the power to force both sides to come to a conclusion in a quick manner, victory in the courts will belong to the rich only.

      If I were the judge, I'd be holding both of these companies in contempt for unnecessary delays and engaging in pointless fishing expeditions that have no relevance to the case at hand.

  24. Its about intellectual property claims that... by 3seas · · Score: 2, Insightful

    ... well that aren't valid in the first placed.

    It like a bunch of people have pursued some man made rules or laws that rely on the earth being flat. But now that the earth really isn't flat, these rules, these laws are having a problem holding up. A lack of integrity of the rules/laws of which so many have beeing following.

    So yeah, its really not supprising the exposure of the web of distortion that has spread thru out the industry.

    Imagine what it would be like to see from the POV of one having clairity of the issue. Imagine how those following and supporting such distortion would be preceived by such a POV.

    Perhaps this is such a view!?

  25. Attrition by WilyCoder · · Score: 1

    If this turns out to be a war of attrition, IBM will bleed em dry....

    1. Re:Attrition by bwcbwc · · Score: 1

      And even if it isn't a war of attrition, do you REALLY want to get into an Intellectual Property pissing contest with IBM?? The largest holder of US patents for the last umpteen years? Stupid, stupid, stupid.

      --
      We are the 198 proof..
    2. Re:Attrition by Anonymous Coward · · Score: 0

      Exactly! Even Microsoft would be (really stupid) to go head to head against IBM. 1. IBM's patent portfolio: about 10,000 times as large as Microsofts. 2. IBMS protfolio: covers most of Microsoft's basic products. 3. IBM''s quarterly revenue: just slightly larger than Microsoft's, and rising (as opposed to Microsoft's which is falling (although static would be a better description).

  26. the only thing that scares me... by pavera · · Score: 2, Interesting

    Is that SCO/Caldera is Canopy group, and Canopy group has made almost all of its money by suing huge and successful companies. I'm not sure on their exact record, but I know they've done this sort of thing at least 2 or 3 times already. They are pretty good at doing this, so I don't like to see anything "going their way" at all... hopefully IBM can keep it on course, and kill them dead soon.

    1. Re:the only thing that scares me... by korbin_dallas · · Score: 1

      Yup, and they are suing the only company to successfully beat the U.S. Federal Government at this game.

      SCOs toast, but the real catch will be Canopy, since SCO is just a front company.

      Remember, Joe Smith was a 'Profit'.

      --
      They Live, We Sleep
    2. Re:the only thing that scares me... by drew · · Score: 1

      umm... sco is not canopy. canopy is an investor and partial owner of sco. that would be the same as saying that sco is baystar, or sco is (was?) royal bank of canada.

      --
      If I don't put anything here, will anyone recognize me anymore?
  27. THIS IS WHY YOU SHOULD JUST BUY A MAC! by ABeowulfCluster · · Score: 0

    No lawsuits in Macland... :p

    1. Re:THIS IS WHY YOU SHOULD JUST BUY A MAC! by kaltekar · · Score: 1

      Thinksecret ring a bell?

      --
      Ahh.. The mind what a wonderful trap!
  28. Next: Microsoft by Max+Threshold · · Score: 1, Funny

    Ooh! Busted!

  29. One word by Anonymous Coward · · Score: 0

    Obfuscation.

    By dragging Intel into the convoluted lawsuit, SCO has been deprecated.

  30. Power of IBM by a3217055 · · Score: 2, Insightful

    IBM is a very big big company, they have a lot of leverage power with lawyers and with other companies. I am not following this as much as I should but it looks like IBM is pushing SCO into a corner and will use every arsenal to make a win. If IBM was going not going to win this court case they will settle. IBM will win it and it will be the end of SCO, we will then see slashdot posts about people buying SCO office furniture for $50.00 at there parking lots. IBM is a east coast company and they can leverage all the big wig lawyers to fight for them there is no way SCO can win. take care -A End result lawyers go home rich, SCO sells furniture and IBM's laptops go in to suspend using ACPI under Linux.

    1. Re:Power of IBM by Hadlock · · Score: 1

      Synopsis: IBM is big. SCO isn't so big. IBM will therefore win.

      --
      moox. for a new generation.
  31. Who should be following this is ... by WindBourne · · Score: 4, Interesting

    the SEC. and yet, they are doing nothing.

    I suspect that following the money is next to impossible.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Who should be following this is ... by LearnToSpell · · Score: 3, Informative

      They don't publicize their investigations anyway, so just because we don't hear anything doesn't mean they're not following it. It's possible, of course, but we won't know until much later.

    2. Re:Who should be following this is ... by Anonymous Coward · · Score: 0

      Who benefits the most when Linux using businesses are frightened witless? Who uses studies about lawsuits and costs to scare potential Linux users away from Linux? Who puts out the most PR using this trial?

      It's not impossible to follow. Just see who benefits the most.

  32. gentoo by Anonymous Coward · · Score: 0

    gentoo can install on a ppc with the same cd that installs on x86. how k00lrad is th4t! coz it kompiles the kode. konsider the improvement of compiling something big and slow to use your athlon kan do that too.

    1. Re:gentoo by Anonymous Coward · · Score: 0
  33. That's the problem, the legal system is already by Polarism · · Score: 1

    compromised by the rich.

    If you have the money advantage, you have a very large advantage indeed in court, as you can hire more expensive lawyers, and more of them.

    I no longer have any trust or faith whatsoever in our judicial system, it is horribly broken.

    --
    All your base are belong to Google.
    1. Re:That's the problem, the legal system is already by Anonymous Coward · · Score: 1

      The thing I think, though, is that if you are rich, you probably ought to be able to afford the best lawyers. However, what those lawyers should be good at is arguing their client's case. They should not be experts at stalling and holding up due process so that they can bleed the other side dry.

      I don't like SCO bringing this kind of case, because I think the case doesn't have merit. However, they did bring it and if they have evidence, then they deserve their day in court, just like anyone else. What I really don't like is all the calls for IBM to "bleed SCO dry" by dragging this case out longer than SCO's finances allow.

  34. Doesn't make sense by phorm · · Score: 2, Insightful

    There are a lot of other ways to drag the case on and further drain SCO's finances. Involving an outside entity doesn't make sense, especially since doing so via supeona isn't exactly likely to promote good relations with Intel.

    I think there's a bit more to this than we've seen... but if anything when the dust is cleared it will be very interesting to look back and say "ahhhh, I understand now"

    1. Re:Doesn't make sense by Anonymous Coward · · Score: 0

      One can only think that maybe Intel did not want to produce evidence that ties there buddy Microsoft to the money or tatics. They have allready been tied to the money, now tie them to the tatics and show the judge this is all a fishing trip with no rod or real and SCO will be finished, and Microsoft is left explaining again in court. Hum..... my guess anyway. The only person Intel would be afraid of would be Billy boy and his hench men. Or would want it to appear they did not turn over the damming evidence over without a fight....

  35. The Monterey Project - cliffnotes by Anonymous Coward · · Score: 1, Informative

    Building A UNIX Of The Future

    SCO and IBM entered into a strategic business agreement in October of `98 to aggressively accelerate growth of UNIX enterprise servers. They are delivering a single UNIX product line for IA-32 systems and future IA-64 systems; the result, due in early Q2, 2000, is a single product line on IA-32, IA-64 and IBM PowerPC, ranging from entry-level servers to very large enterprise environments.

    monterey cliff notes stuff basically

  36. Just a technicality? by Tord · · Score: 4, Interesting

    Isn't anybody here considering that this subpoena might just be a technicality?

    Like Intel, having some proof which might help IBM, but is under NDA and can't release it without being in breach unless the court specificaly orders them to?...

    1. Re:Just a technicality? by Apoklypse · · Score: 1

      or is it possible that Intel, knows something ( possibly merely proprietary ) which they leaked to SCO, perhaps accidentally ... which gave SCO ammo, and without Intel's slip, they would never have known about or been capable of establishing or convincing a court thereof ... and therefor Intel is now responsible in part for this latest round ...

  37. AH HA! by Allnighterking · · Score: 1

    .... and all contracts or other business relations, past, present, or future, between Intel and SCO....

    Notice the "future" .... does this include the document that they are going to send through Intel in June of 2005 that will admit that the purpose of this entire project was to pump up the stock price and that Intel doesn't have to worry.

    Or perhaps is SCO going to claim that since their code ran on Intel chips that means that the chips are tainted and therefore all of Intels IP belongs to SCO.

    --

    I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  38. Sadly yes. by Polarism · · Score: 3, Interesting

    Not that I like SCO of course, but instead this just displays how meaningless our judicial system has become.

    Our laws are meaningless today, because we've been disenfranchised by corporations.

    --
    All your base are belong to Google.
  39. It's completely pointless by jeroenb · · Score: 2, Insightful

    Lots of posters here seem to think that once the judge finds out who's "behind" SCO that something will happen. But why would there? Suppose they find a document where an Intel executive advises SCO to sue IBM? That's not against the law at all.

    It's interesting for us to find out who's behind all of this, but not to the judge. These documents are only going to be needed because IBM thinks there's something there about licensing etc. deals. Not about helping out SCO or whatever.

    1. Re:It's completely pointless by Anonymous Coward · · Score: 0
      Knowing who is behind SCO becomes relevant when you take into consideration the countersuit by IBM, and if they will be able to collect damages beyond SCO's ever dwindling assets.

      The group that oversees Microsoft's anti-trust compliance might be interested to know if they are funding such shenanigans, and hopefully the SEC might like to know exactly what sort of tricks Canopy and Baystar have been up to in this case.

  40. Dammit to hell by Anonymous Coward · · Score: 0

    I used to work for a company that became IBM Global services (years ago), and also had a serious problem with a test version of the Linux 2.6 kernel (much more recently) and posted a message on LKML. An Intel engineer asked for a gob of information (which I provided), and the problem was solved (Linus found out 3 days later as others noted the problem, and the ready made solution). I'm sure my name (yeah, it really is Anonymous Coward), is on some of those documents. Dammit! Sukking SCO!

  41. Jun U Nakajima, SCO and Trillian project by NZheretic · · Score: 5, Informative
    From Jun 2003
    So, how did Linux become so capable of scaling beyond the heights of the old UNIXs. More importantly, who helped put what where?

    As with the marketing of cars and TVs, it is the vendor's high end leading edge models which sells the standard models, from which most of the sales and profit is made. For the enterprise server market today, that high end is multi-headed 64-bit SMP systems, never mind the fact that single 32-bit processors provide more than enough power to do most jobs. For all intents and purposes, it is the ability of the core OS to scale on 64-bit SMP systems that defines "enterprise scalability". Other enterprise feature are effectively just add-ons, which in the case of Linux, have been freely contributed from many vendors and developers.

    Since version 2.0, Linux was more than just a 32-bit x86 operating system. With the insistence and assistance of Jon "Maddog" Hall, Linux was already ported to the 64-bit Alpha processor, which delivered great performance and stability. Just like the traditional AT&T UNIX source base, the ownership of the Alpha chipset passed though many hands, suffering the same fate of a thousand cutbacks. Even Alpha's "native" OS, VMS, has been ported to Itanium by HP/Compaq.

    Since 1997, Intel has been promoting the Itanium line as the inevitable successor for every other server processor on the market. Despite the early vaporware status, Intel has been very successful, at least in terms of marketing. With the exception of its mainframe systems, even IBM ships Itanium systems that directly compete with their own Power processors.

    For what The SCO Group has to offer with SCO Unixware 7,the Itanium line is the only 64-bit option. The problem for The SCO Group is that modern Linux can compete so well in that same market that the value of Unixware is rapid deteriorating to a historical curiosity. I suspect that The SCO Group (at that time called Caldera) executives were well aware of this before they acquired the server part of Old SCO in August 2000, or they would have known, if they spoken to the right executives and technical staff.

    So how did Linux get scale on Itanium? The SCO Group would have you believe it was all IBM's doing, which isn't as interesting as the real story. The web of history weaves to encircle and entangle a much more diverse group of conspirators, including many of The SCO Group, Caldera, and old SCO's own former executives and other employees.

    In October 1998, IBM, Old SCO and Sequent teamed up to collectively develop parts of Unixware and AIX into scalable 64-bit-ready ports for IBM's Power processors and Intel's AI64, or Itanium, under the banner of Project Monterey. But by then, it was already too late.

    In February 1998, well before even the first prototype IA-64 chips were available, a skunkworks team at HP, with some assistance from Intel, began the work toward porting Linux to IA-64. By October 1998, around the same time that IBM, Old SCO and Sequent had finished negotiations, HP had completed the build toolchain. By January 1999, the Linux kernel was booting on an IA-64 processor simulator, months before the actual Itanium processor was available. In March 1999, at Intel, Linux was booting on the actual Intel Itanium processor. In April 1999, CERN joined the project for the port of the GNU C library and VA Linux Systems joined the project and rapidly improved the stability and performance.

    In May 1999, the Trillian Project was founded and HP, VA Linux and Intel collectively provided their source patches to the Linux kernel for the Itanium port under the GNU general public license.

    A bootable kernel alone however does not make an OS make. HP supplied the patches for the toolchain (initial GCC C/C++ compiler, gas assembler, ld linker). Intel supplied the test platforms, apache, EFI, FPSWA, SCSI, SMP, libm (the old Linux C libraries). VA Linux ported E, E-Term, XFree86, utilities

    1. Re:Jun U Nakajima, SCO and Trillian project by alonso · · Score: 1

      Very well done!

    2. Re:Jun U Nakajima, SCO and Trillian project by Anonymous Coward · · Score: 0

      In March 1999, at Intel, Linux was booting on the actual Intel Itanium processor.

      Sorry, that is incorrect. There was no Itanium silicon until late August of 1999.

    3. Re:Jun U Nakajima, SCO and Trillian project by Anonymous Coward · · Score: 1, Interesting

      To be profitable, top end hardware needs to be on time, and perform, and scale better. Intel, IBM and Fujitsu already know what features need to trickle down, rationing it out. What is very old, SCO thinks is new. Reasonable to predict that Intel comes out shining, with brilliant patches and contributions, and IBM can come out and say, Intel made it possible. Now if Intel tipped off SCO about important releases.. gosh , what material announcements were not made?. The real point, is that under GPL, maybe the compromise code got 'fixed and effective' way too fast. Is there an agreement that say thou will not release the good stuff too early?.

  42. They distribute GPL software with their products. by penick · · Score: 1

    But their CEO says... "SCO asserts that the GPL, under which Linux is distributed, violates the United States Constitution and the U.S. copyright and patent laws. . . ." and "We believe that responsible corporations throughout the IT industry have advocated use of the GPL without full analysis of its long-term detriment to our economy. We are confident that these corporations will ultimately reverse support for the GPL, and will pursue a more responsible direction." I know it is sort of irrelevant to this particular article but it show the true motive behind their lawsuit(s) i.e. Money.

  43. A buyout would be a bad thing for IBM. by khasim · · Score: 5, Insightful

    Then every failing company with a past contract with IBM would file a lawsuit and hope to be bought out.

    In the long run, it's better for IBM to crush SCO, publicly, slowly and legally.

    1. Re:A buyout would be a bad thing for IBM. by WarwickRyan · · Score: 2, Interesting

      The thing is, Microsoft might suddenly find out that they have to licence a lot more code from SCO, which would bankroll SCO's legal case..

    2. Re:A buyout would be a bad thing for IBM. by Anonymous Coward · · Score: 0

      So? Good. Then the case gets settled in court and IBM gets to recoup some of their legal costs from whatever they get awarded for their counterclaims (some, if not all of which are likely to succeed).

      If SCO can stay afloat to see these things through, they'll just be left with no money, no product, and no lawsuits. What do they do then? Start more lawsuits? Microsoft isn't going to keep funding them for perpetuity for an ever-weaker set of lawsuits.

    3. Re:A buyout would be a bad thing for IBM. by Dan+Ost · · Score: 3, Insightful

      Which might mean something if SCO had a case. There's been no indication,
      however, that that is the case.

      Another thing you might consider is that if MS gave more funds to SCO now,
      even the mainstream media would make a big deal out of it. I don't think
      MS wants that.

      --

      *sigh* back to work...
  44. Not called "Wintel" for nothing ... by quarkscat · · Score: 4, Insightful

    so you can bet that both Intel and Microsoft
    would like to see SCO Group succeed in court.
    Sun is pushing Sparc and AMD processors, IBM
    is pushing (hard) with PPC processors, and even
    HP is courting AMD processors -- all three
    with their UNIX and GNU/linux.

    Microsoft courted, and then dumped support
    for microcomputers based upon the Alpha, MIPS,
    and PPC processor. Intel's many mis-steps
    with the Itanium (ia64) processor may well be
    an issue that IBM would like to raise with
    the court, especially as regards IBM's short
    lived alliance with SCO.

    IANAL, but no matter how much code IBM reveals
    in court against SCO Group, SCO's main attacks
    center on (1) ownership of derivative works,
    and (2) legality of the GPL. Either could
    seriously damage F/OSS if the case goes to SCO.

    I do not have very much faith in the USA's
    system of justice these days, particularly
    since the DoJ let MSFT off the monopoly hook
    so readily (after regime change).

    1. Re:Not called "Wintel" for nothing ... by Anonymous Coward · · Score: 1, Interesting
      I do not have very much faith in the USA's system of justice these days, particularly since the DoJ let MSFT off the monopoly hook so readily (after regime change).

      Philosophical arguments aside and actual facts in the various cases, evidence suggests that the US Legal system is favouring the big corporations at the moment. There aren't many companies bigger than IBM. Certainly not SCO.

    2. Re:Not called "Wintel" for nothing ... by quarkscat · · Score: 1

      I absolutely agree - there aren't many companies
      bigger than IBM. If you look at the political
      side of current USA business practices, though,
      it is less to do with how big the company is,
      and far more to do with how much "love" those
      companies are willing to "share" with the ruling
      political party. Money is the "mother's milk"
      of politics. The more of that money that goes
      to the politicians, the more closely they listen
      to their "corporate friends".

      And sometimes, it isn't only how much money gets
      spread around, it is also about close ties with
      in-state companies. There is also the possibility
      of such things as "school ties" that add much
      influence (membership in Yale's "Skull & Bones?).
      How much money has Halliburton contributed to
      specific political parties and persons, compared
      to what they have received off the government tit
      in return?

      Most publically traded corporations are amoral,
      with their chief concern being the bottom line.
      A significant part of the problem with jobs
      disappearing overseas is that rising quarterly
      profits (and the bonuses they generate) mean
      more than allegiance to their country of origin,
      or to the longterm well-being of the economy or
      their corporation. (The business news has been
      full of such examples for more than a decade.)

  45. MOD PARENT UP by mrsev · · Score: 1

    mod parent up. Who ever modded this as flamebait is simply wrong. The opinion of the parent is essential right and is not mean to provoke.

  46. I'm safe on Linux by FullCircle · · Score: 0, Flamebait

    Apple only seems to sue their biggest supporters.

    --
    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
  47. I'll give you a hint... by SlimFastForYou · · Score: 1

    All that air pollution coming from Microsoft isn't a result of a manufacturing process.

  48. A clear case of what phycologists call projection? by TapeCutter · · Score: 1


    Like old reports of the imminent extinction of mainframes, any report of a similar fate for Windows is a tad immature.

    "windows fanboys" - Perhaps I am just adding fuel to the flame or maybe you are to young to shave and don't see the "fanboy" in the mirror every morning. Either way your post makes for an excellent example of projection (definition 6b).

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  49. What will be left by this whole thing by zalt · · Score: 1

    One thing i'm sure of when it comes to this whole SCO circus is that all of a sudden i found myself thinking "oh, is this mess still alive? i thought it was gone and forgotten". And i bet a whole lot of people responsible for the IT-infastructure at companies thinks the same thing. "Hmm what was it about Linux and those court problems last year.. It was a rip-off or something.. I can't remember, it's free - now that's suspicious.. Can't remember what happened in court though, but i might be better off choosing this expensive piece of software instead. After all, it costs a lot of money - it must be good." If shitloads of people think like that now someone in Redmond can smirk a little. I'm basing this off the rumours that Microsoft funded the whole SCO-legal circus last year. I love conspiracies.

  50. The processors were provided by Intel by NZheretic · · Score: 1

    Intel had prototype Itanium chips by early April/March.

    1. Re:The processors were provided by Intel by Anonymous Coward · · Score: 1, Informative

      I'm sorry, but Intel did not have first silicon in April/March of 1999. There weren't chips in that timeframe because tapeout did not occur until on or around July 4, 1999. I'm sorry, but I don't have an exact date for when the first mask set was made, nor do I have an exact date for the first wafer start.

      There may have been mechanical samples of cartridges and carriers, but there was no Itanium silicon, prototype or otherwise, in April/March of 1999.

      First Merced silicon booted up in Dupont, Washington, on or around August 27th, 1999. Some samples were available August 30th, 1999.

      One of the first 64-bit operating systems that booted on Itanium was Mach 3.0.

    2. Re:The processors were provided by Intel by Anonymous Coward · · Score: 1, Interesting

      No, Itanium silicon did not exist in early March/April of 1999. Incomplete reference: http://www.intel.com/technology/itj/q41999/pdf/por ting.pdf but you should be able to figure it out.

  51. Next round of subpoenas... by Alsee · · Score: 1

    All communications, contracts or other business relations, past, present, or future, containing the letter "e".

    Oops! That didn't catch Gadsby!

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  52. when ... by Neuropol · · Score: 0

    are people going to acknowledge that is hindering actual work being done. the progress this is hindering by wasting so much time and money on the legal process for proving what? proof of ownership? who cares at this point? does some one feel as though they missed out on a big piece of the cake? i think that some accord should be reached, get it over with already, and stop making such a big deal out of a pixel on the screen of what is.

  53. All is not well at SCO by orbitalia · · Score: 1

    I think its not long before SCO self implodes anyway if the latest news from the salt lake city tribune is to go by, Apparently noorda's daughter is being sued for a boardroom coup..

    http://www.theregister.co.uk/2005/01/31/canopy_s ue d/

  54. Ironic. by TapeCutter · · Score: 1

    Unless off course there is someone on Slashdot who is not just killing time?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  55. You mean other than the huge suit with Apple? by Anonymous Coward · · Score: 0

    Apple records that is...

    Hope the iPod business doesn't go away, eh?

  56. Was that ISSC? by Anonymous Coward · · Score: 0

    Funny thought... when ISSC was split from IBM, the IBM managers were glad for a place to dump their lousy workers (as reported by IBM's chief networking architect to me back in the 1993-ish time frame)

    That place was ISSC.

    ISSC sucked so hard though, they had to change their name to IGS to run away from that legacy.

    Good luck you.

  57. Discovery laws.... by Kentsusai · · Score: 2, Informative

    Many these discovery laws are powerful!

    People can go to jail if they fail to disclose!

    I work in litigation and subpoenaing someone with something as ridiculous as this is a great way to keep the other party busy and give yourself some extra time. In addition to that, it adds costs to the other party's litigation.

    Sometimes, you can just keep subpoenaing and they won't be able to keep up. And generally when that happens, they will want to settle.

    Wonder if Intel is going to have one of its attorneys claim legal professional privilege over the documents that they want to discover?

    All fun and games I say!

    1. Re:Discovery laws.... by Anonymous Coward · · Score: 0

      Yes I know what you mean. I have been there before.... The amount of paper work that gets served to you wants to make you settle it out of court.

    2. Re:Discovery laws.... by zoloto · · Score: 1

      of its attorneys claim legal professional privilege

      Could you explain this in layman's terms for those who aren't lawyers

  58. Mar ’99: Linux boots on Itanium™ process by NZheretic · · Score: 2, Insightful
    See page 10 of Intel's Trillian press presentation:
    Pre-Trillian IA-64 Linux Contributions
    * Feb '98: IA-64 Linux work begins at HP
    * Oct '98: HP toolchain complete
    * Jan '99: Kernel boots on processor simulator at HP
    * Mar '99: First Public demo of IA-64 Linux on HP simulator
    * Mar '99: Linux boots on Itanium(TM) processor logic model at Intel
    * Apr '99: CERN joins HP development effort for C library
    * Apr '99: IA-64 Linux work begins at VA Linux Systems
    * May '99: Trillian Project Founded
    HP donates initial toolchain and foundation kernel source code Intel and VA Linux Systems provide platform source code
  59. This is how lawyers make their money. by Anonymous Coward · · Score: 1, Interesting

    It's in the lawyer genes.
    If either client still has money, make more work for them to spend it on.

    This is how SCO will lose. They just don't have enough $ to fight IBM. The side benefit to the lawyers is that they have work to the bitter end.

    SCO was recently granted a look see at a huge load of IBM stuff and IBM told that failure to comply would result in SCO being given a look see at everything IBM has. This is designed to make IBM's lawyers read through tons of paperwork at IBM and then the same stuff gets read through by the SCO lawyers.

    While IBM is reading through all this crap, they want SCO to be burning bux so they introduce yet another $hitload of paperwork into the mix.

    If you've ever had dealings with a lawyer, you know what I'm talking about.

    The lesson is similar to that one learns after dealing with a 'payday' or 'title' loan company.
    When confronted by someone elses lawyer, before you hire your own, bury them in paperwork. The person who is after you may well run out of money/interest in spending money, long before you ever have to hire your own lawyer.

  60. Soap by erroneus · · Score: 1

    This has the makings of a good soap opera. All they need to do is sprinkle in a little sex and murder and we've got an award winning mini series on our hands. I think they should write this thing before it finishes though. It would be more interesting to see someone's interpretation of all this crap and how they think it will turn out rather than to watch a dramatic reenaction.

    1. Re:Soap by Anonymous Coward · · Score: 0

      sprinkle in a little sex and murder

      How about Darl McBride getting fucked in the ass till he bleeds to death?

  61. "You don't usually have to depose your best by Anonymous Coward · · Score: 0

    friends, though. They tell you whatever you need to know volitionally, because they want you to win, and they'll do a declaration for you. You subpoena folks who are not eager to tell you what you wish to learn, or who wish to appear so."

    Huh? If one accepts that IBM and Intel have a 'nudge-wink' relationship going on then, this statement is pretty naieve on the part of the groklaw dude. You see, if you have a business selling to other business who are in competition with each other, the last thing you want to do is show any appearance of favoritism!

    So, it's much more likely that you tell your best friend at a golf course, far from prying ears, that he might want to consider a subpoena for, ...

    Now your best friend knows you have something, he can come get it, and you maintain the appearance of neutrality as far as your other customers and any 'fair trade' lawyers are concerned. As an aside, the LAW is directed somewhat at discouraging the concept of 'friendship' between businesses.

    Jeez Mr. Groklaw dude. Where did you learn 'real life'???

  62. Truth or Dare by Anonymous Coward · · Score: 1, Funny

    Is this like truth or dare for grownups? "show us the code"
    "no"
    "then you have to tell so and so you like her"


    Why I chose to not become a lawyer is beyond me.

  63. And IBM's lawyers? by xixax · · Score: 1

    As far as legal departments go, IBM has been pretty good at keeping their legal dealings watertight.

    --
    "Everything is adjustable, provided you have the right tools"
  64. Timeline is a little wrong. by lauterm · · Score: 5, Informative

    IBM filed this motion on Jan 19. The actual subpoena was signed by IBM's attorney on Jan 13. SCO's motion for more discovery was granted Jan 18.

    The blurb for this story is a little misleading. IBM planned to do this and may have even already had the subpoena executed by the time SCO's motion was granted. The timing was coincidental not causal.

  65. The more valid question... by thegnu · · Score: 1

    ...is, "Why did it start?"

    For now, I'm rooting for IBM. And hell, maybe they're on to something. You never know. SCO has been making unreasonable demands for quite a while now. It's time the tables turned.

    --
    Please stop stalking me, bro.
  66. No need to give in to blackmail by Anders+Andersson · · Score: 1
    It would likely be better for the Linux community to code around the suspect areas rather than have this cloud hanging over everybody. SCO is holding us hostage via lack of specifics, not so much software code itself.

    There is no cloud hanging over everybody, unless we trust SCO when they tell us there is a cloud (while not letting us know exactly where it is). It's not our job to force them to finish their sentences; it's up to them to either speak or not speak. As long as they don't state their accusations in plain language, there is no accusation, and we can go about our business as usual.

    If we were to "code around" anything on our mere suspicion that someone, somewhere may think it's not 100 percent legit, then we would be held hostage via lack of specifics, and it would only serve to encourage others acting just like SCO (merely hint at a problem, and everybody will bend over backwards to "solve" it for you). What if blackmailing were that easy? Put in a newspaper ad saying that "fires happen" and everybody starts offering you money?

    Only when they drag me personally into court will I care to even answer their questions, and my answer will be no, my software does not infringe on the rights of anybody, and nobody has made that accusation before. Next question?

  67. Am I the only one that feels.... by SpacePunk · · Score: 1

    there's a big stinking mountain of shit underneath all this that could potentially cripple the whole industry?

    Microsoft has been implicated via Baystar.
    Intel is being implicated.
    Novel has spoken about SCOs claims, but haven't taken any other definitive action.
    Nobody holding copyright to code in use by SCO has revoked right for SCO to use any of that code.
    SCOs use of the UNIX mark hasn't been revoked.

    There's a lot of silence out there.

  68. Cdefinnot? by pjt33 · · Score: 1

    Saadeeiiilnpqssum peenrsts mdiilnottuuus caeeelmnoprtuxs.

  69. Re:Mar ’99: Linux boots on Itanium™ proc by Anonymous Coward · · Score: 2, Informative

    You are making my argument for me.

    The "Itanium processor logic model" mentioned in the press release was a software simulation using the RTL description (written in ihdl) of the chip ("csim" to be exact). The simulator ran at an effective rate of about 1Hz from a netbatch queue amongst a huge farm of workstations in Santa Clara, and took weeks to complete (the simulation was not parallel).

    The version of Linux that was booted (at 1Hz) was a highly stripped version of 2.2, ported by a team in Oregon independent from the Trillian efforts. The simulation took weeks to complete. Several months prior to that date, the same team booted Mach 3.0 in the same simulation environment.

    Both of those kernels, as well as others configured for single & multi-processor with a few user-mode tests, were used during first silicon bring-up in late August of 1999.

    The RTL source of the chip is used by additional tools to place and route signals and functional blocks (built from transistors and signal lines). That information is then used to produce masks, which are then used to produce wafers.

    Trust me, as a guy that should know, there was no silicon until late August of 1999.

    If I posted a photo of the wall-plaque that sits near my desk, it might convince you (tapeout July 4th 1999, samples August 30 1999), but I can't do that.

  70. John Grisham, David E. Kelly watch out. by Anonymous Coward · · Score: 0

    Well, listening to the suspected level of legal gymnastics in this, when its all said and done, do we get a movie out of this?

    there sounds like waaay more backstabbing here than there was in 'Pirates of Silicon Valley'

    can't wait. Hope there's lots of rockets and bombs and sex in it too.

  71. Re:A clear case of what phycologists call projecti by aichpvee · · Score: 0
    Did I hit a little too close to home, son? Think on this and then take one year off from posting because you are a moron:

    1) No one was reporting the "imminent" death of anything, least of all me. You can feel secure that your precious windows will be around for many years to come and continue it's unprecedented success.

    2) Other than a die-hard windows fanboy, who else would particularly care if PPC and Linux were the dominant combination for desktop computing?

    As a Linux user I certainly don't care what hardware I'm running on as long as the few close-sourced apps I need are compiled natively. And the Mac kids wouldn't care, since there would be nothing keeping them from running OSX on the same PPC hardware.

    3) See 1 and 2 and see how this is something that "everyone can enjoy" except "windows fanboys". A group you obviously take great pride in belonging to. Or perhaps you just aren't old enough to have developed much reading comprehension.

    --
    The Farewell Tour II
  72. Not even pro-OSS by Anonymous Coward · · Score: 0

    If it isn't GPL, it isn't good enough

    which is kind of ironic considering that she uses Mac OS X and MS-Windows - and doesn't use Linux.

  73. Re:They distribute GPL software with their product by zoloto · · Score: 1

    The GPL violates the U.S. Constitution?

    Then SCO/Caldera/BS COMPANY doesn't know jack of the constitution. Did he take a civics class? Did he ever go to college?

    Where do I have to go to slap this silly bitch because his claims are really starting to infuriate me!

    The GPL is freedom!!
    USA is freedom!!

    WTF is he smoking?

  74. Re:A clear case of what phycologists call projecti by TapeCutter · · Score: 1

    You must of ducked while reading my post as the point went clear over the top of your head.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  75. in bed with sco? by torrents · · Score: 1

    hopefully sco will go bankrupt or reach its legal spending cap and just disappear like a "good" pos company

    --
    Get your torrents...
  76. when a nurd vigilante steps up by Anonymous Coward · · Score: 0

    when a nurd vigilante steps up