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The Register vs Groklaw: Who Gets It Right?

microbee writes "Over the past weeks Groklaw has been running a series of articles on new discoveries about SCO and Project Monterey. Surprisingly (to me, as I love both sites), The Register published another article to counter the argument of Groklaw's serials, claiming "it's difficult to envisage Groklaw's conjecture swaying a court case, but it provides SCO with valuable public relations ammunition."" There's also a rebuttal on groklaw as well.

224 comments

  1. PJ's Rebuttal by vmcto · · Score: 5, Informative

    As others are reporting, postings to daddypants@slashdot.org are ignored...

    Why not present both sides fully? PJ has already posted a rebuttal to this on Groklaw.

    And for the record: Groklaw gets it right

    PJ's Rebuttal

    1. Re:PJ's Rebuttal by squiggleslash · · Score: 4, Interesting
      Perhaps I didn't read El Reg's article properly, but I was under the impression the most damning charges it makes are about the assertion that Project Monteray was worked on by an SCO fully aware that it was part of a migration to "Linux":
      At least five articles published this month suggest that Project Monterey, the joint Unix that was being co-developed by IBM, the Santa Cruz Operation and Sequent beginning in 1998 was only a "stop-gap" measure. The participants, she asserts, had from the start bet that Linux would supplant their proprietary Unix offerings. And more damningly, she claims that SCO knew this at the time, and has declined to reveal this secret strategy.

      "Project Monterey was the stopgap, in a way, I gather. It worked for the enterprise right away, and it was a path to smoothly move to Linux as it matured," wrote Jones.

      There is a serious problem with this hypothesis: it isn't true.

      PJ seems only concerned, as I read her response, about whether PM was intended to run on the POWER architecture. I'm not sure how much the latter matters as much as the former. The former implies an allegation of SCO seeing the Linux kernel as the future, which would make SCO's later decision to come back and attack it legally interesting.
      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:PJ's Rebuttal by TrappedByMyself · · Score: 2, Informative

      Groklaw gets it right

      Of course. The Register is nothing but a tech tabloid.

      --

      Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
    3. Re:PJ's Rebuttal by Anonymous Coward · · Score: 0

      Caldera/SCO's CEO at the time has acknowledged that Monterey would involve both UNIX and Linux, which were strategic to both companies at the time. To say that SCO's motivation for entering Project Monterey was either to counter the threat of Linux, as Orlowski does, or a stopgap measure on the road to full migration to Linux, per Jones, is a bit of a reach.

    4. Re:PJ's Rebuttal by drakaan · · Score: 1
      Definitely...and I'm sure that's the reasoning the OP used when deciding to state who they thought got it right.

      Of course, you *could* actually go to Groklaw, and read the rebuttal (more of an article correcting some incorrect aspersions from the Reg article, really). The thread at Groklaw is about Linux on POWER, which is something that SCO is trying to say that they knew nothing about, in their third amended complaint.

      Groklaw digging up things that say "SCO knew all about Linux on POWER" is on-point, and correct, as far as the litigation goes.

      In the context of this Reg article, yes, The Register is nothing but a tech tabloid...or, at least, they didn't really understand what those Linux on POWER articles were about.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    5. Re:PJ's Rebuttal by swillden · · Score: 4, Informative

      PJ seems only concerned, as I read her response, about whether PM was intended to run on the POWER architecture. I'm not sure how much the latter matters as much as the former.

      You have the importance backwards. SCO's third amended complaint alleges that IBM's port of UNIX to POWER was not authorized by SCO. IOW, SCO is suing IBM for porting UNIX to POWER. Therefore, it is very important to prove that SCO did know, and approve, of IBM's efforts to port UNIX to POWER.

      This is what PJ's spate of Monterey articles have primarily been about.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    6. Re:PJ's Rebuttal by Tony+Hoyle · · Score: 0

      That concerned me too... PJ seemed to completely miss the point, which was that Linux and Project Monterray were different and it's incorrect to link them in that manner.

      She instead started going on about Power architecture???

    7. Re:PJ's Rebuttal by Eunuchswear · · Score: 0

      And why whould anybody care what Caldera's CEO thouht about Project Monterey, a joint project between SCO and IBM?

      Monterey was started BEFORE Caldera bought UnixWare from SCO.

      --
      Watch this Heartland Institute video
    8. Re:PJ's Rebuttal by Anonymous Coward · · Score: 1, Interesting

      I find it difficult to believe that Linux played any role in the *original* strategy behind Monterey -- it was positioned as an attack on the Unix market leader at the time, Sun Solaris, and to a lesser extent, "WinTel".

      What you see is IBM and OldSCO and Caldera rationalizing Monterey after it had become clear that Linux was taking over but before Monterey had officially been put into the coffin. Keep in mind at this point, everyone knew a contract lawsuit was coming, so no doubt public statements were spun accordingly.

    9. Re:PJ's Rebuttal by saur2004 · · Score: 2, Interesting

      I seem to remember that a couple months ago there was speculation that slashdot was going to be the target of an astroturf campain. From what I have been reading in my opinion, it isnt speculation any more.

    10. Re:PJ's Rebuttal by Phong · · Score: 2, Interesting
      I was under the impression the most damning charges it makes are about the assertion that Project Monteray was worked on by an SCO fully aware that it was part of a migration to "Linux"

      I also noticed that PJ didn't rebut that portion of the article. I think that the difference between the two may be in which SCO they're talking about. It appears that The Santa Cruz Operation (oldSCO) didn't know at the start that Project Monterey would be a stepping stone to Linux, but that Caldera (now The SCO Group, or newSCO) did know this when they purchased the SVR4 rights from oldSCO. If true, newSCO can't complain (successfully) about IBM abandoning Project Monterey for Linux if they knew at the time of their purchase what was going to happen (especially since they seemed to be actively supporting it at the time).

      --
      ..wayne..
    11. Re:PJ's Rebuttal by squiggleslash · · Score: 1
      Well, they may have been buying a lawsuit. They've done it before, Caldera's purchase of DRDOS being largely for the Microsoft anti-trust action they took against MS.

      That said, back in 2000, there was no sign that Caldera was anything but a Linux supporter. And as their management has been replaced since, I think in some ways it's Old SCO, New SCO, and Current SCO, three different entities.

      --
      You are not alone. This is not normal. None of this is normal.
    12. Re:PJ's Rebuttal by prgrmr · · Score: 1

      Because it's a demonstration of IBM's intent. Because it's not from IBM and because it's from a source close to the matter, it's a credible demonstration. Also, as Caldera's successor, SCO is bound to continuous acknowledgement of that intent by virtue of allowing the status quo to continue for as long as they did.

    13. Re:PJ's Rebuttal by mstone · · Score: 4, Interesting
      Because the company currently suing IBM, which calls itself "The SCO Group", used to be named "Caldera."

      The company that used to be named "SCO" is now doing business under the name "Transmeta."

      Caldera (aka: newSCO) bought the IP rights to the work done in Monterey from oldSCO (now Transmeta), and those rights are at the core of the present lawsuit.

      So.. by showing that Caldera (now newSCO) knew Monterey was heading to POWER back before the Monterey project ended, PJ has produced evidence which directly contradicts the claims newSCO (then Caldera) has made in its third amended complaint.. namely that newSCO (then Caldera) thought:

      • .. that Monterey only gave IBM permission to build code for the Itanium platform
      • .. that by porting the code to POWER, IBM went beyond the rights it was granted by the Monterey contract
      • .. that newSCO (formerly Caldera) had the right to address that violation by revoking IBM's right to use or distribute the code
      • .. that anything IBM did with the code after that revocation was illegal
      • .. that IBM's illegal actions caused newSCO (formerly Caldera) financial injury
      • .. and that IBM owes newSCO (formerly Caldera) a whole bunch of money.

      Interestingly enough, the company formely known as "Caldera" didn't change its name to "The SCO Group" until after it filed its lawsuit against IBM. Questions like the one you just asked show just how much confusion that bit of misdirection has caused.

    14. Re:PJ's Rebuttal by Watts+Martin · · Score: 1

      Your summary's pretty good, with one error. The company that used to be known as SCO is now known as Tarantella. Transmeta is a very different company. :)

    15. Re:PJ's Rebuttal by mstone · · Score: 1

      ARRRRRGH!

      You're right. My typing got ahead of my fact-checker.

    16. Re:PJ's Rebuttal by Eunuchswear · · Score: 1

      Caldera's CEO can demonstrate IBM's intent in a deal between IBM and SCO?

      Once again, that's "old" SCO, now Tarantella, not "new" SCO, formerly Caldera.

      Ransome Love was not involved in the IBM/SCO deal.

      --
      Watch this Heartland Institute video
    17. Re:PJ's Rebuttal by Eunuchswear · · Score: 1


      So.. by showing that Caldera (now newSCO) knew Monterey was heading to POWER back before the Monterey project ended


      Ok, that would be a valid point.

      However please note that Love never mentions Power in the interview. The editor writes:


      Project Monterey was a deal between SCO and IBM, with Intel's support, to develop an enterprise Unix that could run on systems based on Intel's IA-32 and IA-64 architectures as well as IBM's POWER4 processor.


      But Love only talks about "64 bit platforms".

      (Personaly I'm pretty sure that everyone knew that Monterey was going to be on Power as well as Ia64 and x86, but this interview isn't the smoking gun).

      --
      Watch this Heartland Institute video
  2. Re:Give up and Die, SCO by Sv-Manowar · · Score: 3, Insightful

    It would not be in their best interests to do so, by suing a big name, SCO keep their name in the limelight, hoping they will be bought or something similar

    I guess they hope it's a case of any publicity is good publicity

  3. Groklaw got it right by belmolis · · Score: 5, Insightful

    I found it difficult to see the point of the Register article. There was very little in it that was actually inconsistent with what has appeared on Groklaw. The main theme seemed to be that Groklwas was wrong to think that it had made a big discovery about Project Monterey, but Groklaw has never claimed to have made such a discovery, just to have assembled lots of evidence that counters SCO's claims. The Register article's claims about PJ retracting statements are not backed up by any evidence.

    As for Groklaw's alleged errors helping SCO, I don't see it. At worst, Groklaw has exaggerated the significance of the history of Project Monterey. SCO has made no hay out of this, and I don't see how it could, even if the Register's claims were true.

    1. Re:Groklaw got it right by k98sven · · Score: 4, Informative

      The Register article's claims about PJ retracting statements are not backed up by any evidence.

      Strange, since PJ concedes that she changed a statement after the article.

    2. Re:Groklaw got it right by HiThere · · Score: 2, Informative

      Yes, she corrected an error in the article. (Concedes?) The point appears to have been a minor quibble about phrasing...though if I wanted to defend this position I should probably check it again. It didn't appear to be major to me at the time that I read it. (And you don't explain why you consider it significant, so I don't know what evidence I should be looking for.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Groklaw got it right by dhall · · Score: 4, Informative

      Considering PJ's main focus was to point out that both old SCO (now Tarantella) and new SCO (previously Caldera) were fully aware that IBM was using Unix based technology on the POWER architecture, which appears to be in contradiction to new SCO's current claims.

    4. Re:Groklaw got it right by Quila · · Score: 3, Insightful
      Strange, since PJ concedes that she changed a statement after the article.



      She does that all the time. That's why there is a "Corrections go here" post in every story.

    5. Re:Groklaw got it right by k98sven · · Score: 0, Troll

      Yes. PJ says she corrected a statement. The Register said she retracted the same statement. The poster here said there was no evidence of any 'retraction'.

      I don't really care whether it qualifies as a 'retraction' or not, but it's an undisputed fact that PJ did change some of her previous statements after The Register published their article, which means that stating there's 'no evidence' is false.

      That's all I mean. Personally I don't care much, because I don't really consider either Groklaw or The Register to hold very high journalistic standards. Although Groklaw is far better than The Register in that respect.
      (Groklaw seems to at least try to use primary sources as much as possible. The Register almost never. Both are blatantly biased in their commentary. Groklaw somewhat less so, but at least it's clear that it *is* personal commentary, and not reporting.)

    6. Re:Groklaw got it right by strider44 · · Score: 4, Informative

      she didn't actually change her point of view, but she just clarified a statement as she thought the Register writer misinterpreted it.

    7. Re:Groklaw got it right by kfg · · Score: 5, Interesting

      Is this not done in the effort to be even righter? Did not Newton himself point out evidence that his theory could not explain and thus that it was incomplete, and have not others made extenstions to the theory that have it very much "righter"? Is not one of the possible advantages of Free Software that it can easily be examined and changed to make it better?

      Isn't this how we want things to work?

      I don't hang out at Groklaw much, but in the few hours I've spent there I get the impression that PJ is very open to corrections, even soliciting them, and takes them to heart.

      This is the side I'm likely to bet on. Nobody ever gets everything right, but the people who cling to their wrongs remain wrong, the people who admit their wrongs correct them and become "righter."

      And then get critized for admiting they were wrong and retracting/correcting. On the other hand if you "correct" your view to a wrong one to gain popularity you are often cheered as a hero, and elected President. Is a puzzlement.

      Henry Clay said, "I'd rather be right than President." I'll got with that, and PJ, not because she's infallible, but because she clearly, and publicly, knows that she isn't.

      KFG

    8. Re:Groklaw got it right by Anonymous Coward · · Score: 4, Insightful

      To be honest, I would much rather have her correcting small mistakes in articles than just leaving them there. Or does the register choose to leave all mistakes in their articles even if someone else points them out?

    9. Re:Groklaw got it right by belmolis · · Score: 4, Informative

      Sorry but this is not a rebuttal of what I said. I said that the Register article's claims:

      are not backed up by any evidence
      That remains true: the Register article doesn't specify what statements PJ retracted, with quotes and/or links. So even if the Register's claim were right, it is true that it gave no EVIDENCE for it, which is what I said.

      As to the correctness of the Register's claims, what PJ "admits" is that she made a small modification to ONE statement. Contrast that with the Register article's claim that:

      some of the phrases we quote have already disappeared
      As far as I can tell, NO phrases have "disappeared", and only one statement has been modified, in a rather minor way. This is hardly vindication for the Register article's overblown claims.
    10. Re:Groklaw got it right by Master+of+Transhuman · · Score: 1


      Now we'll wait (forever) for Andrew to retract his retraction claim...

      My question is: why did Andrew make a big deal of this? It seems like an incredibly minor point one way or the other. PJ appears to have merely put together a hypothesis that one of SCO's claims was incorrect. Andrew appears to want to pounce on this as being some huge mistake on PJ's part.

      Is this some "journalistic war" because the Register hasn't done (and can't do, given its nature) as good a job as Groklaw in covering the SCO case? Is it a slow news day now that the Tridge-Linus fight appears to be over?

      Who gives a shit? The SCO case is history and is going to die just as soon as the judge finally admits (after giving them all the rope SCO needs) SCO has NO evidence whatsoever of their claims.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    11. Re:Groklaw got it right by Jerry · · Score: 1
      At worst, Groklaw has exaggerated the significance of the history of Project Monterey.


      Exaggerated? Hardly.
      Ransom Love himself, at the LinuxWorld 2000 convention, is RECORDED as saying that SCO was in the process of moving UNIX code to AI-32 and AI-64 Linux as quickly as possible. This was shortly AFTER Caldra acquired SCO. You can catch that comment at the 47 minute mark of his 50 minute speech at:
      http://technetcast.ddj.com/tnc_stream.html?stream_ id=393
      and other places. I have the last 2 min and 50 seconds in an mp3 clip.

      --

      Running with Linux for over 20 years!

    12. Re:Groklaw got it right by mstone · · Score: 2, Insightful

      For the record, Orlokowski is the one responsible for the whole "RMS 'can't believe' that Miguel de Icaza is working on .NET'" non-event a couple years back. (link)

      IIRC, RMS actually said, "I don't believe he's doing that," when answering some specific question about de Icaza's work, in the, "I think that's incorrect," sense. Orlokowski got it secondhand from someone who attended, misinterpreted the out-of-context quote, and chucked a story onto the Reg's front page before doing any journalistic stuff like contacting the primary sources and checking his facts.

      RMS wrote a response (link) which begins: "Your article about me, GNOME and .Net was inaccurate starting from the title."

      The Reg has a habit of blurring the boundaries between 'reporting' and 'editorializing', which is part of its charm. Sometimes that means not letting the facts get in the way of a that will draw page views, but at least they don't do it too often.

      This particular case happens to be pretty silly, though. For some reason Orlokowski, a general pundit who's never claimed any kind of in-depth legal knowledge, decided it would be a good idea to trade legal opinions with PJ, a paralegal who's read, discussed, archived, and cross-referenced every public document relating to this case that she can get her hands on.. not just the complaints, briefs, motions, responses, etc actually filed in court, but also a whole ton of external contextual information.

      By and large, I think it's pretty safe to bet that PJ knows what she's doing.

    13. Re:Groklaw got it right by owlstead · · Score: 1

      This is the register you are talking about. Yes, they leave mistakes even if you point them out. Hell, they have heard about editing, they just don't want to have anything to do with it. Heck, they even don't check if the HTML they are writing is valid, though most of that seems to happen @ mikes new place, the inquirer nowadays. But they are quick with news, and their front page is easy to read.

    14. Re:Groklaw got it right by oirtemed · · Score: 1

      Don't blame the parent....MSM has forgotten what corrections, facts and the truth are so the public gets confused when someone makes a mistake and actually fixes it.

    15. Re:Groklaw got it right by Anonymous Coward · · Score: 0
      You could argue that PJ, as a paralegal who doesn't know any computer history, is in equally over her head. Insisting that Monterey was a "stepping stone" to Linux kinda proves that.

      Which is why she corrected it:

      PJ [April 29, 2005 4:00:29 PM PDT] -
      I read it again, and I see what you are saying. So I changed the stories to reflect what I now understand, and I'll do an article to highlight it too.

      I want to thank you very much for bringing this to my attention.
      Perhaps you missed this because your knee was jerking too quickly. I'm sure Andrew Orlowski will be pleased with your expert spelling of his name.
    16. Re:Groklaw got it right by willdenniss · · Score: 1
      From this comment

      What of the charge that PJ has retroactively modified comments on this topic?

      Authored by: PJ on Saturday, April 30 2005 @ 03:05 PM EDT

      I just got it. He objected to my saying it was a stopgap.

      I modified the sentence he objected to, so as to say that it was viewed from 2000 onward as a stopgap for ebusiness customers, but not necessarily for all. I felt he was right about that point. I do fix articles all the time, when I learn more or realize I have made a mistake or need to nuance something. I had an article ready to say so, but his article came out while I was sleeping.

      It's why my readers trust Groklaw, actually, I think. They know I care about being accurate above all things, and if anyone has more information that would result in further editing or correcting, I'm happy to receive it.

      Our policy from the beginning has been to correct anything that needs correcting, so don't hesitate to let me know if you see any needed corrections. We are striving for an accurate portrayal of the SCO litigation, for future historians, and so getting it right is vital. And Groklaw's advantage is that it's a group effort, not just me, so all the input is of great value.

      Will.
    17. Re:Groklaw got it right by Anonymous Coward · · Score: 0
    18. Re:Groklaw got it right by Anonymous Coward · · Score: 0

      or, "In defense of Liberalism".

    19. Re:Groklaw got it right by dcgaber · · Score: 1

      I recall a Register article a few years ago with the term "wetback" in it. I am not sure if the (presumably British) author knew how racist that term is considered, but later on in the day, the word was removed and something less offensive took its place. There was no mention or indication of the earlier reference to wetback. So yes, The Register does alter their articles in at least one case.

  4. Is it just me? by the_macman · · Score: 1, Troll

    Over the past weeks Groklaw has been running a serials of articles

    Shouldn't that be series?

  5. The article was more M$ trolling by tomhudson · · Score: 0, Troll
    Look at the timeing - it was posted on a Friday so it would sit there all weekend without rebuttal.

    Groklaw has already given a good debunking of it - including that the author of the article doesn't exist - its a nym for a M$ astroturfer.

    Microsof tis scared, because features that were pulled from longhorn, which is delayed now until Christnas 2006, are already out in linux and tiger.

    1. Re:The article was more M$ trolling by squiggleslash · · Score: 4, Insightful
      It's not troll tuesday yet Tom!

      Andrew Orlowski wrote the best coverage I saw of the Microsoft monopoly trial, and pretty much changed my mind from one of "Well, if Microsoft wants to include a browser, then so be it, you can't stop progress" to "Hang the bastards!" (obviously I mean as past tense being "hung" not "hanged", I'm an opponent of the Death Penalty. Ooer, little bit of politics, little bit of politics.)

      He's anything but a Microsoft astroturfer.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:The article was more M$ trolling by Anonymous Coward · · Score: 2, Interesting

      the author of the article doesn't exist

      Where id PJ say that?

      I quote below the second paragraph of the groklaw article:
      Andrew Orlowski is a fine journalist, whose skills I have long admired. However, in this case, he didn't understand why legally the evidence Groklaw found of Project Monterey being intended from the beginning to be used on POWER matters. It matters because SCO's proposed 3rd amended complaint apparently is claiming that IBM had no right to use the Project Monterey product on POWER and only did so after Project Monterey was killed.

    3. Re:The article was more M$ trolling by DjReagan · · Score: 1

      Not only would it sit there all weekend, but today (Monday) is a bank holiday here in the UK, so there won't be any rebuttal until at least Tuesday

      --
      "When I grow up, I want to be a weirdo"
    4. Re:The article was more M$ trolling by Specter · · Score: 1

      Be careful of claims the author was discredited. The groklaw following is getting quite cultish and divergent opinions are not suffered lightly.

      The knee-jerk reaction to any post that might contradict the conventional wisdom is to scream that the poster is an M$ astroturfer, whether or not that accusation is well founded.

    5. Re:The article was more M$ trolling by mmusson · · Score: 1

      The parent poster is confusing two completely different stories. The author who is not using his real name is Paul Murphy who wrote the story about how SCO has IBM on the ropes.

      --
      SYS 49152
    6. Re:The article was more M$ trolling by Tony+Hoyle · · Score: 1

      I read the rebuttal on the same day as the article.. The subtext seems to be that PJ knew about it before publication (hence her retraction of certain parts of evidence, before the article was published).

    7. Re:The article was more M$ trolling by Anonymous Coward · · Score: 0
      Oops - as one of the descendent posters point out - got it confused w. Paul Murphy However, the article is still pure fud, and the posting of it at a time when there won't be corrections until at least Tuesday (because of the holiday in Britsville Monday) is "convenient".

      However, there is one piece of "smoking gun evidence" quoted that is just too tinfoil-hat:

      In it, IBM claims:

      "Linux, over time, will develop into the standard application development platform for the spectrum of applications that comprise our customers' e-business solutions."

      But there's a big difference between a development platform and a deployment platform. The document is designed to assure IBM's Monterey, Linux and AIX customers that its server strategy won't leave anyone stranded. It offers little more than that.
      So what? He makes a big deal of this, saying that IBM was only looking for Linux for development, not deployment. One doesn't preclude the other, so his logic is false. It would be like Microsoft claiming that LongHorn will be the platform for their developers to work on. That doesn't preclude it being sold at retail, etc.

      Then there's the "echo chamber" thingee ...

      The whole "echo chamber" theory is all very well and good, except that lately it applies more to the supporters of Microsoft and SCO. It makes the classic confusion of newSCO and oldSCO.

      Look at the facts - Microsoft is due to become irrelevent to the computer industry over the next decade, as it falls further behind the tech. curve. It's already lost in the embedded, server, and this last month the movie industry (when the last of the "big 4" holdouts opted for h.264 instead of wmv).

      What's left? Their office suite monopoly, which is their biggest profit center, is being chipped away by OO, which doesn't require you to switch platforms, or even upgrade, so this is a direct threat to the "forced upgrade" cycle in fall2006-spring2007. Their desktop monopoly? Apple's taken a bite out of it, a lot of windows users are infected with Tiger envy, and the various linux distros will continue to make inroads, based on security and performance. Lower cost is the least important benefit, but a nice addition.

      Which brings us back to "Why the attacks (of which there have been many this past month) on Groklaw? Is it conveniently timed to draw those who have the attention of crtics away from the almost total disappointment of LongHorn? I mean, really - which would you rather have under your tree this christmas - a Tiger or a Bum Steer?

      I guess its time we got our own "Team 99" ...

      - posted anon because I'm:

      1. installing suse 9.3 on my main work machine
      2. too lazy to log in on this machine
    8. Re:The article was more M$ trolling by Anonymous Coward · · Score: 0

      I can attest that the Groklaw readership sees trolls behind every lame post.

      Unfortunately this sensitivity is well founded in far to many cases.

      Groklaw is permanently inundated with astroturfing, and significant effort is required to maintain the sites current usefulness.

      The outcome of neglecting that editing was demonstrated clearly by one article and its threads the PJ left unedited to highlight the problem.

      I for one prefer the edited version, and accept that drawing a line between confused newbie and intentional astroturfer purely from the post is error prone at best.

      Some of my posts have disappeared in purges, but to the best of my knowledge the deletions show no pattern related to content, but strong correlation to being responses to dumb newbies, that probably weren't quite so dumb as they appeared.

      In the present context, I am unimpressed with the Register article. Its tone is simply that of a disgruntled "Real Unix" fan unable to cope with the reality of Linux.

      The key point that the Groklaw articles address, regarding OldSCO's knowledge and agreement that Monterey was intended to be hosted on Power as well as Itanium, is crucial to the present moves to amend the SCO complaint a third time. The Register article seems unaware of this nuance.

      That Monterey was a stop gap, eventually to be replaced by Linux, is a marketing message, to hook Monterey to the feel good factor of the Linux image.

      That it was also the real long term strategy is not something you emphasise to the Unix steeped programmer troops you are trying to motivate to create your new Unix variant.

      My reading of the straws (with 20-20 hindsight) is that at least some fractions of the IBM/OldSCO Monterey project really thought that they were building the Unix of the future. Others were not drinking the kool-aid, and had a much bigger vision for Linux as a universal system.

      That the tone of some of the marketing material the Groklaw has turned up was influenced by the latter group, is pretty obvious. What the balance of "Unix Romantics" to "Linux Sceptics" in the Monterey management is hard to tell today, and given the corporate forked tongue, probably then as well.

      That Itanic systems would be expensive and would not be freely available to amateI can attest that the Groklaw readership sees trolls behind every lame post.

      Unfortunately this sensitivity is well founded in far to many cases.

      Groklaw is permanently inundated with astroturfing, and significant effort is required to maintain the sites current usefulness.

      The outcome of neglecting that editing was demonstrated clearly by one article and its threads the PJ left unedited to highlight the problem.

      I for one prefer the edited version, and accept that drawing a line between confused newbie and intentional astroturfer purely from the post is error prone at best.

      Some of my posts have disappeared in purges, but to the best of my knowledge the deletions show no pattern related to content, but strong correlation to being responses to dumb newbies, that probably weren't quite so dumb as they appeared.

      In the present context, I am unimpressed with the Register article. Its tone is simply that of a disgruntled "Real Unix" fan unable to cope with the reality of Linux.

      The key point that the Groklaw articles address, regarding OldSCO's knowledge and agreement that Monterey was intended to be hosted on Power as well as Itanium, is crucial to the present moves to amend the SCO complaint a third time.

      That Monterey was a stop gap, eventually to be replaced by Linux, is a marketing message, to hook Monterey to the feel good factor of the Linux image.

      That it was also the real long term strategy is not something you emphasise to the Unix steeped programmer troops you are trying to motivate to create your new Unix variant.

      My reading of the straws (with 20-20 hindsight) is that at least some fractions of the IBM/OldSCO Monterey project

    9. Re:The article was more M$ trolling by tomhudson · · Score: 1
      Thanks for pointing that out ...

      The article seems to lack focus ... and this, intentionally. I've read it a few times, and I think I'd make a better argument after a half-dozen beers.

      All in all, very strange ...

    10. Re:The article was more M$ trolling by tomhudson · · Score: 1
      As another poster pointed out, I goofed on the dff. between the article writer and another one using a nym; this makes it even stranger, though.

      Consider this:

      1. The article lacks focus. If you're going to hammer away at something, at least marshal your arguments in a fashion that leads your readers from beginning to end in the most direct fashion.
      2. The arguments that *are* put forward are illogical. For example:
        At one point, a Register article is produced as evidence. In it a SCO employee working on the LKP (Linux-on-Unixware).

        "Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise? I have found the answer to that question. In an article in August 2001, in the Register, Caldera -- what SCO then called itself -- predicted 'In two to five years Linux will surpass where Unix is now'"

        But that's a prediction by an engineer, not a strategy statement.
        So what? This certainly doesn't have any value whatsoever on determining whether management thought the same way or otherwise. In other words, its a non-argument.

        Again:

        In it, IBM claims:

        "Linux, over time, will develop into the standard application development platform for the spectrum of applications that comprise our customers' e-business solutions."

        But there's a big difference between a development platform and a deployment platform. The document is designed to assure IBM's Monterey, Linux and AIX customers that its server strategy won't leave anyone stranded. It offers little more than that.
        Again, the author is picking nits where none exist. Just because someone says something is being used as a development platform doesn't mean it can't also be a deployment platform. The argument has zero logic content.
      Then there's the whole ad hominem attack - accusing those defending GrokLaw of being the victims of "the echo chamber" effect. Since he wants to stoop that low, I'll be happy to follow suit - the only "echo chamber" effect is the once caused by the hollow space between the writers' ears.

      There - was that informative? Constructive? - not really, except as an example of how useless that form of argument is.

      It was astroturfing, or an ill-advised attempt at self-promotion. Either way, the author can't be taken seriously.

    11. Re:The article was more M$ trolling by jbolden · · Score: 1

      Please show me a well reasoned argument based on facts which holds up which is in favor of SCO. In all the years of following this case I have to see one. I have yet to see one pro SCO case that wasn't filled with statements so obviously false that they put serious doubt on the writters intellegence or honesty. So please just for a change show me a good article on SCO filled with facts that hold up and arguments that make sense.

      Until then lets stop attacking the groklaw crowd for something they haven't done. They are trying to treat a totally BS lawsuit seriously to the best of the their ability. That's hard work.

    12. Re:The article was more M$ trolling by hkmwbz · · Score: 1
      "Andrew Orlowski wrote the best coverage I saw of the Microsoft monopoly trial, and pretty much changed my mind from one of "Well, if Microsoft wants to include a browser, then so be it, you can't stop progress" to "Hang the bastards!""
      Interesting... Got a link or the text itself?
      --
      Clever signature text goes here.
  6. Corrections go here by dtfinch · · Score: 5, Informative

    Every GrokLaw article has a thread under it entitled "Corrections go here: So PJ can find them" or something of that nature.

    1. Re:Corrections go here by strider44 · · Score: 2, Funny

      One of the better ideas passed through Groklaw, however I think that it wouldn't work on Slashdot since a single Slashdot paragraph would have more errors than an entire 10 000 word essay from PJ.

  7. My money is on The Register by goldspider · · Score: 2, Insightful
    And here's why:

    "The saga illustrates one of the perils of online forums, the "echo chamber" effect. Many participants join a forum to have beliefs re-affirmed, and context is often a casualty. It's also a characteristic of the "information age" that facts are often applauded regardless of whether they make sense in a particular context."

    A brilliant explanation of how something becomes "fact" on the Internet. I wouldn't say The Register's article is really an indictment of Groklaw, but perhaps it would be better if Groklaw let the courts decide this particular case.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:My money is on The Register by MathFox · · Score: 5, Insightful
      "The saga illustrates one of the perils of online forums, the "echo chamber" effect. Many participants join a forum to have beliefs re-affirmed, and context is often a casualty. It's also a characteristic of the "information age" that facts are often applauded regardless of whether they make sense in a particular context."

      A brilliant explanation of how something becomes "fact" on the Internet. I wouldn't say The Register's article is really an indictment of Groklaw, but perhaps it would be better if Groklaw let the courts decide this particular case.

      We will let the courts decide; but there needed to be a place to rectify the FUD SCO spouted about Linux. The best way to fight FUD is to provide the facts, even if they are not 100% in your favour. If Groklaw seems biassed in the SCO-IBM case, that is because the facts support IBM's view of the case.

      One of Groklaw's missions is to provide access to the available information so that the reader can form his own opinion. We feel we are quite successfull with that; even SCO uses our archive of legal documents.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    2. Re:My money is on The Register by warpSpeed · · Score: 4, Insightful
      but perhaps it would be better if Groklaw let the courts decide this particular case.

      Yes, perhaps we should stop reporting on what goes on in the courts, and even better corporate boardrooms. Why bother, what could the public possibly gain from a though scrutiny of these public entities? The courts can decide for themselves what is right and wrong with out the help of Groklaw. I would really hate for the data that has been compiled on Groklaw to get into the wrong layers hands, it could thorw the whole case off for SCO. How dare PJ attempt to refute each and every accusation put forth by SCO. I mean SCO would _never_ use the media like this, would they?

      How about blinders for the public too, no need for all these messy details to make it outside of the court room. We simple folk cannot possibly comprehend the subtiles of SCO trying to bludgeon linux by suing IBM, we should just quietly wait while the fate of open and free software is tested in the courts.

      Gimme a break...

    3. Re:My money is on The Register by YellowElf · · Score: 1

      The Register author says "Many participants join... and context is often a casualty" yet he fails to explain whether or how this has supposedly happened on Groklaw. So suspicion equals truth? Why can't those who refute Groklaw ever actually point to an instance where what has been posted is factually wrong? Even those most interested in the case (e.g, Darl McBride) have completely failed on this point. PJ on Groklaw points out that Andrew Orlowski merely *missed* the point.

      Maybe goldspider is just reaffirming his beliefs here on Slashdot, with his own context a casualty. Perhaps it would be better if he allows those who want to do the research and watch the case closely to do so, while he ignores it as is his choice.

      --dv

      --
      Insert witty saying or aphorism here.
    4. Re:My money is on The Register by Anonymous Coward · · Score: 0

      "but perhaps it would be better if Groklaw let the courts decide this particular case."

      But the courts are going to decide the case. (Don't they decide them all? Except those that are settled, etc.) Anyone can talk about it and write about it though. Or did I miss some gag order?

      all the best,

      drew

      ( zotz )

    5. Re:My money is on The Register by goldspider · · Score: 1

      Of course, that's not what I or The Register is saying.

      Only that the Truth often gets lost when the Facts are repeated by people who don't know what they're talking about (forum posters, not the Groklaw folks).

      --
      "Ask not what your country can do for you." --John F. Kennedy
    6. Re:My money is on The Register by hhghghghh · · Score: 5, Interesting

      If Groklaw seems biassed in the SCO-IBM case, that is because the facts support IBM's view of the case. This is not entirely true. Groklaw is biased in a way, but not to the extent of misreporting facts, rather they do sympathize with IBM. So if a fact is posted that's not in favor of IBM (and this does happen) they're reported as "a problem for IBM's case, how should this be solved?" whereas if a problematic fact arises that hurts SCOX, it's quickly pointed out that this is the latest in a long string of facts exposing their lies and misrepresentations. While the latter is also factually true, the emphasis is on pointing this out. Of course, some of the comments go either way in being totally biased for or against. Of course, groklaw being biased at least in its attitude is not a bad thing in itself. In fact, if it wasn't, it would be a lot less interesting to read. Rather like The Register itself.

    7. Re:My money is on The Register by Stumbles · · Score: 3, Insightful
      Please show me where you think Groklaw is attempting to decide this case instead of the courts, cause I think your way off there.

      Neither do I think you are correct attempting to tie "facts" as the reg puts it as an indictment to Groklaw. Again please show me one link of PJ's that are not facts or a matter of public record.

      --
      My karma is not a Chameleon.
    8. Re:My money is on The Register by rhizome · · Score: 1

      Of course, that's not what I or The Register is saying.

      Only that the Truth often gets lost when the Facts are repeated by people who don't know what they're talking about (forum posters, not the Groklaw folks).


      I'm sorry, I don't follow. Why shouldn't facts be repeated? How is truth affected by the facts? Why the capitalization? It sounds like you're being an apologist for the prevalence of spin applied to meaning, so I'm curious about what you're trying to say.

      --
      When I was a kid, we only had one Darth.
    9. Re:My money is on The Register by goldspider · · Score: 1

      Meaning that the truth is often distorted by how people (mis)interpret or (mis)represent the facts.

      Again, I'm not accusing Groklaw of doing either, intentionally or not, but that certainly isn't beneath forum posters with an agenda.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    10. Re:My money is on The Register by Anonymous Coward · · Score: 0
      According to the article Orlowski was writing privately to PJ and she corrected her Monterey articles on his advice before the Register article was published. She owes The Register a favor for spotting mistakes that Groklaw commenters didn't.

      She'll get over it.

    11. Re:My money is on The Register by SpaceLifeForm · · Score: 1
      Hypocrite.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    12. Re:My money is on The Register by drsquare · · Score: 1

      Yeah, I'm with the register on this one. I don't know if groklaw can be trusted as an unbiased news-source, they seem to have something of an agenda.

    13. Re:My money is on The Register by Anonymous Coward · · Score: 0

      Much like yourself.

    14. Re:My money is on The Register by Anonymous Coward · · Score: 0

      And what is my agenda? What facts am I distorting in support of that agenda?

    15. Re:My money is on The Register by fucksl4shd0t · · Score: 1

      I can't believe you'd side with the Register on the grounds of "bias". I read the Register because their bias + their sense of humor = excellent reading, facts notwithstanding.

      --
      Like what I said? You might like my music
    16. Re:My money is on The Register by Anonymous Coward · · Score: 0

      A certain oft renamed Utah Company would very much like to discredit Groklaws efforts.

      And uses comments just like yours to attempt to undermine confidence in Groklaw.

      A post like yours would be regarded as a troll as a matter of course on Groklaw, since its lost among a flood of such astroturf.

      In the case of Groklaw, the agenda is posted all over the site. PJ likes open source software, and respects those who contribute it.

      Groklaw is her contribution.

      Spew FUD about Open Source, and expect your every statement, expressed opinion, antecdents, offspring and shirt size to be reviewed, analysed, and debunked.

      If you are stupid enought to try and extort $700 per copy for the use of your "intellectal property" "stolen" by long haired hippy Linux developers, that goes in spades.

      Harry

    17. Re:My money is on The Register by jbolden · · Score: 1

      First, how is Groklaw stopping the courts from doing anything. Last time I checked the reason we have information presented to the public is to encourage informed debate. Second, since even the courts have indicated serious doubt that there is a case what exactly are you asking them to decide? Third, what is brilliant about the above. Its seems bad cliche to me.

      -- The saga illustrates
      Except as quite quite well shown the sage doesn't illustrate anything of the sort since the register missed the whole point of the article on groklaw they are responding too (SCO's 3rd amendement complaint). Providing evidence that SCO participated in getting AIX on Power proves that IBM didn't violate any license from SCO on getting AIX on power.

      -- one of the perils of online forums, the "echo chamber" effect. Many participants join a forum to have beliefs re-affirmed,

      And regular media is different in what respect?

      -- and context is often a casualty.

      Really? This particular case is an example the opposite. Online forums are able to go far enough in depth that they are able to work with more detailed context since they can assume a more knowledgeable audience. The fact again the Groklaw readers understood what the article was about while Register writers did not being an example.

      -- It's also a characteristic of the "information age" that facts are
      -- often applauded regardless of whether they make sense in a particular context.

      And how was this different in the bronze age, the iron age, the middle ages, the enlightenment....?

      Seems like a typically stupid statement to me.

    18. Re:My money is on The Register by jbolden · · Score: 1

      No the facts are pretty clearly in IBM's corner. In fact this case is so one sided that people have to work really hard to even keep it interesting.

      Imagine a wrongful death lawsuit between Mr SCO and Mr IBM over the death of "Mr Body" where:

      1) Mr SCO had no evidence that Mr Body was dead
      2) Mr Body had come forward and indicated he would testify for Mr IBM that he was not in fact dead
      3) Mrs Body was willing to testify and produce evidence that Mr SCO had no standing to sue even if Mr IBM had killed Mr Body
      4) At the time the alleged death occured Mr IBM could prove he was elsewhere.
      5) At the time the alleged death occured Mr Body had been assulted but that assulted had been from Mrs SCO.

      From the first moments this case started SCO has done nothing but lie. Since all of the above show its a bullshit case any piece of evidence that goes in Mr SCO's favor must have a flaw in its chain of reasoning tieing it to Mr. IBM's killing of Mr Body. That's why Groklaw seems biased.

    19. Re:My money is on The Register by Anonymous Coward · · Score: 0

      This lawsuit started as an attack on open source Linux and Linux has been improved by open source community, much of it has been written by open source community, and all contributors were attacked in this lawsuit, why then should the open source community not band together to defend its own work?

    20. Re:My money is on The Register by idlemachine · · Score: 1
      A brilliant explanation of how something becomes "fact" on the Internet.

      Funnily enough, your post is a perfect example of this very process, as your judgement of who is 'right' in this situation is seemingly being based on your agreement with an observation of net-behaviour, rather than, say, relevent facts.

  8. Re:El Reg == crap by tomhudson · · Score: 1

    Come on, I'm sure the reg's BOfH will have something extremely relevant to say about this latest episode of Microsoft trolling ...

  9. Register seems to be missing the point by stevew · · Score: 5, Insightful

    In looking at the "response" by the register, it looks more like the original article than a response.

    In any case, the big problem the register has is PJ's summary of how Monterey was a "stopgap" on IBM's way to Linux.

    That seems to be much ado about nothing (then we ARE talking about the register ;-)

    Whether Monterey was a "stopgap" or not doesn't matter to the case, but rather whether SCO was aware of IBM's intent to run the code on the power PC. THAT is why the "evidence" that has been recorded on Groklaw is important.

    --
    Have you compiled your kernel today??
    1. Re:Register seems to be missing the point by dan+of+the+north · · Score: 1
      Insiders reveal SCO's Monterey disarray
      By Andrew Orlowski in San Francisco
      Published Monday 2nd May 2005 20:07 GMT
      http://www.theregister.co.uk/2005/05/02/short_staf fed_sco_dropped_the_ball/

      The above link will take you to Orlowski's reply to PJ's Response to The Register article.

      --

  10. Echo chamber by grahamlee · · Score: 4, Insightful

    One part of the reg's article was certainly correct - that a number of these sites act as echo chambers for people who want their own beliefs reaffirmed. So far in this Slashdot thread I've seen "well it's obvious, Groklaw gets it right" or similar sentiment displayed in multiple comments, without one statement of factual evidence used to corroborate the claim. Me, I don't know anything about Monterey, but I'd be happy to consider any evidence that people are willing to post :-)

    1. Re:Echo chamber by Anonymous Coward · · Score: 2, Informative

      Most of this centered around SCO's Third Amendment Complaint. SCO's Third Amendment Complaint claimed that under the Project Monterey Contract IBM had no right to port UNIX to the POWERPC platform, by doing so IBM had broken the contract and misappropriated SCO's intellectual property.

      It takes time to research an assertion like this, and only recently have people been able to dig up and post documents relating to the above assertion by SCO.

      The problem seems to be that where GORKLAW readers were fully aware of the Third Amendment Complaint, reference to that document was not made in the recent GROKLAW articles (it was evidently assumed).

      It is almost certain that Andrew (writing for TheRegister) was not aware of the Third Amendment claim and did not dig deeply enough into GORKLAW's archive to find a copy of the original court document (I am too lazy to do it for you but it is easly accessable on GORKLAW).

      It appears that this lacking piece of information has resulted in substantial misunderstanding.

      Tom

    2. Re:Echo chamber by Anonymous Coward · · Score: 0

      We don't need evidence, Groklaw gets it right.

    3. Re:Echo chamber by ave19 · · Score: 1

      That smiley is because you posted that comment to slashdot, right? You're no seriously looking for evidence HERE are you??? :)

      -ave

      --
      ...or maybe not.
    4. Re:Echo chamber by supersnail · · Score: 1

      As I remeber it at the time Monteray was more about porting large chunks of AIX to run on Intels Titantic 64 bit processor. SCOs contibution was to be its expertese on the Intel hardware specifics.

      IBM has had unix running on various power architectures since the Power instruction set existed, and, was up to AIX release 4.1.. when project Monteray was announced so its difficult to see what SCO could be complaining about.

      Incidently back in 1998 Linux was still vieed as a hobbyist OS and no threat to AIX, etc.. The real point of project Monteray was that the three partners could pool resources and be up and running with a viable operating system when Intel swamped the world with 64 bit processors. Little did they know that they could have spent a liesurly ten years on the project.

      --
      Old COBOL programmers never die. They just code in C.
    5. Re:Echo chamber by doofusclam · · Score: 1

      Agreed. I read both sites in question, trying to keep myself up to date on what's going on. The Register, though having gone downhill since Mike left, is unashamedly a tabloid - they throw muck and some of it sticks. It's pretty blatant but that's how I like it, I don't take it seriously.

      I've followed Groklaw since it started (round when I first started playing with Linux) and although full of useful community spirit with digging out old evidence and such, it's plainly a self congratulatory wankfest.

      Most threads start with multiple 'corrections here...' and 'OT here...' posts with references to how much they can't wait to see PJ in that fecking red dress. I hope she likes being stalked by morons with webcams and erections. These posts are followed by clueless remarks from plebs with bad signatures stating Linux is going to rule Mars one day. One I saw today stated that the poster didn't mind receiving email because they 'run a non Windows operating system'. I'd imagine it's because they have no friends and are therefore desperate for messages, which is the only explanation for half the pathetic wingnuts on there who got their signatures and chat-up lines from car bumper stickers.

      Just my opinion :)

    6. Re:Echo chamber by killjoe · · Score: 1

      "I don't know anything about Monterey, but I'd be happy to consider any evidence that people are willing to post :"

      There is this site called groklaw. It contains lots of evidence. I suggest you check it out.

      --
      evil is as evil does
    7. Re:Echo chamber by Anonymous Coward · · Score: 0

      I don't think the best way for the OP to resolve a conflict between site A and site B is to read what site A thinks about it :-P

    8. Re:Echo chamber by jbolden · · Score: 1

      Look back at the articles from the early days of the SCO trial. /. readership was very fair to SCO really almost bending over backwards to try and determine if there was any truth to their claims.

      Time and time and time again statement made by SCO to the press were proven false. Time and time and time again statements made in SCO's fillings were proven false. Time and time and time again statments made by Linux supporters have found more and more evidence. At what point do you simply stop giving SCO the benefit of the doubt?

      What these sites serve to do is educate knowledgeable people about the recent developments. They don't try and maintain the facade that SCO has a case any more than the NYTimes would cover news related to the flat earth society from the viewpoint that the earth might really be flat.

    9. Re:Echo chamber by tomhudson · · Score: 1
      I don't think the best way for the OP to resolve a conflict between site A and site B is to read what site A thinks about it :-P
      Why not? GrokLaw was a good enough source for SCO to get their legal materials from (pdfs, etc) to construct their own pro-sco site. http://lxer.com/module/newswire/view/33351/

      SCO Uses Legal Documents from Groklaw and Tuxrocks

      Well, well, what have we here? SCO has put up its own legal documents page after all. Evidently the generic brand anti-Groklaw websites that coincidentally sprang up just when theirs didn't were not a huge success. So they have put up their own page here: <a href="http://www.sco.com/scoip/">http://www.sco.co m/scoip/</a> All they have there so far are some of the legal documents in all their cases. But Frank Sorenson noticed one little thing: it appears the defenders of their most holy IP grabbed the PDFs from Groklaw and Frank's tuxrocks.com site, without giving us credit for doing the work of obtaining the documents from the court and scanning them to create the PDFs. Oops.
      What's sauce for the goose is sauce for the gander :-)

      - Tom

    10. Re:Echo chamber by Anonymous Coward · · Score: 0

      > its difficult to see what SCO could be complaining about.

      SCO allege that IBM AIX was licenced for SVR3.2 and that Monteray was based on SVR4 and possibly bits of UnixWare. Thus IBM is now allegedly using SVR4 code that it has no right to.

      However, it seems that both oldSCO and newSCO were aware that Monteray would result in a single version of Unix that would run on x86, IA64 and POWER, even though SCO was only interested in Intel processors. Also the contract seems quite specific in granting rights to Monteray code to all partners should the project be cancelled. It also allowed cancellation on the grounds of change of control (eg Caldera buying SCO).

  11. Re:Give up and Die, SCO by eyegor · · Score: 5, Insightful

    Given how weak their case appears, I can't imagine that anyone wants their IP. Nor can I imagine that any self-respecting Unix SA would want to support their product.

    They've been left in the dust by Linux and they're really not relevent anymore. If anything, they're the posterchild for why you should abandon propriatary OSs. I hope Bill Gate$ is paying attention.

    --

    Don't anthropomorphize computers, they don't like it.
  12. Actually, they have been mostly smart by WindBourne · · Score: 3, Interesting

    When this all started, SCO was worth .5 / share. In addition, they had no money in the company. Then they meet with MS and Sun. Suddenly, they had money in the bank from MS, Sun, and a few other investors, a law suit was announced, and their share price was driven to +20. In addition, the Norda's owned a huge chunk of it and simply gave it away to dump the contriversy (sadly, not before the lose of their daughter). While I have no respect for the people involved, and certainly for their lack of morals or ethics, it has made lots of money for them. In fact, other than the Norda's, the biggest loser out of all this was probably MS/Sun, as it appears that Linux is only getting lots of press, and a number of legal questions are disappearing at a quick rate.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Actually, they have been mostly smart by Anonymous Coward · · Score: 0

      And of coarse, the only ones that are truly making out in this case are the lawyers (on both sides).

    2. Re:Actually, they have been mostly smart by WindBourne · · Score: 0

      I think that the lawyers for Linux have been doing it pro-bono, so no, they have not made much (other than a major name).

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Actually, they have been mostly smart by SpaceLifeForm · · Score: 2, Insightful
      There are no 'lawyers for Linux'. The lawyers *supporting* Linux are the lawyers working for IBM, and I guarantee you, they are *NOT* working pro-bono.

      Yes, there are other lawyers working behind the scenes, but the major work is being handled by the firms of Cravath, Swaine & Moore LLP, and Snell & Wilmer LLP, plus IBM in-house legal staff, and likely hundreds of paralegals.

      And they are all deserving of their compensation in this mess.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    4. Re:Actually, they have been mostly smart by WindBourne · · Score: 1

      Yeah, I forgot the context. While the lawyers for IBM are doing it for loads of money, I was thinking of the lawyers for the FSF and EFF. Many of them are doing pro-bono.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    5. Re:Actually, they have been mostly smart by jbolden · · Score: 1

      the biggest loser out of all this was probably MS/Sun, as it appears that Linux is only getting lots of press, and a number of legal questions are disappearing at a quick rate.

      This really isn't true. The SCO case is far to weak to actually settle any of the interesting legal questions. What's happening though is that people think the legal questions are settled which is sort of pro-Linux FUD. People are intellectually lazy in both directions, they gave SCO much more credit than it deserved at the time and they are giving its defeat much more credit than it deserves.

      The big questions are still wide open.

    6. Re:Actually, they have been mostly smart by WindBourne · · Score: 1

      Keep in mind that the sco case is only one of a number of suits. Novell vs. SCO is one that will help settle the ownership of Unix. Likewise, there have been a number of companies who recently seem to wish to test the GPL. But in the end, most have settled (rewrite or simple open their code). So far, OSS/GPL/Linux has not lost a single case in any of these. Of course, the main battle is still coming.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:Actually, they have been mostly smart by jbolden · · Score: 1

      There is no "ownership of Unix" this is one of the flaws in SCO's case. The law doesn't recognize ownership in the sense SCO means the term. So I again put this is the "doesn't really matter box".

      Well I think we almost lost on MySQL vs. Nutech (that GPL rights can be terminated in any practical sense for violation). I personally think the FSF is wrong about this and that the "bad guys" did have the law on their side. Of course this would have been a great test case since it looked like Nutech would have had to pay substantial damages for the time they were releasing their product in violation of the GPL (and they did pay damages in the settlement).

      You are correct however about every US company backing down. It has gone the distance in Germany.

      Interestingly enough the only flaw in the license so far has been that many of the attorneys believe the "viral nature" extends much further than open source advocates believe it does. This will make for some interesting cases because here you would have the unusual situation of the broad public consensus (included the FSF) arguing their license is weaker than the case law would imply. I'm actually kind of looking forward to those cases curious how they turn out.

  13. Summary / PJ's response by jhdevos · · Score: 4, Interesting
    Strange the link to PJ's response was not linked to in the original artikle.

    Summary: the Register saw a flaw in some groklaw articles (about the 'stopgap' claims), wrongly interpreted some other comments (proof that SCO knew about Monterey on Power) in that context, and wrote a very long article about it. PJ's response, unfortunately, only goes into those last claims, not the critique on the stopgap claims, which are justified, IMHO.

    Anyway, storm is a glass of water.

    Jan

  14. Another Perspective = Daily Wrap and Flow by Anonymous Coward · · Score: 0

    Under the gise of "it takes two to tango and three to tell the truth" I read the "Daily Wrap and Flow", located at http://lamlaw.com/ , for this type of reporting. ;-) It helps me understand big words. ~@~

  15. Conjecture, sure. Valuable to SCO? by Ashtead · · Score: 5, Insightful
    ...claiming "it's difficult to envisage Groklaw's conjecture swaying a court case, but it provides SCO with valuable public relations ammunition."

    Of course it is difficult to envisage this, since Groklaw isn't about trying to sway any court case. The lawyers for IBM and SCOX are the ones to make that kind of impact, and they have to rely on whatever are the facts. Groklaw is merely reporting the various twists and turns of this case, and in this process it is helping the lawyers and the technical people understand what the other say and how they think. As far as any conjecture being presented there, this appears mostly based on available material, such as court filings and technical documentation generally available. There may seem to be a bias against SCO, but if the realities of the case had been different, there could just as well have been an apparent bias against IBM.

    As for being valuable to SCO PR, I'd beg to differ! Groklaw has been able to neutralize much of the FUD that Darl McBride would have us believe about SCO owning and controlling this and that... if anything can be compared to ammunition, it would be the torpedoes that are about to sink SCO. Even without Groklaw, SCO would eventually have foundered, it would have taken longer, and resulted in a slower growth of Linux.

    --
    SIGBUS @ NO-07.308
    1. Re:Conjecture, sure. Valuable to SCO? by HiThere · · Score: 3, Insightful

      I really doubt that Groklaw would have been as useful to SCO no matter what the facts were. A reasonable (large?) part of Groklaw has been the contribution of volunteers, and SCO had so studiously antagonized people that if the facts looked to be supporting them, there would probably have been few volunteers digging.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Conjecture, sure. Valuable to SCO? by Anonymous Coward · · Score: 0

      > and SCO had so studiously antagonized people

      In the past IBM has antagonised far more people (IMHO). If the balance was against IBM, or indeed if the facts were different then there would be a large supply of volunteers gladly digging the dirt on IBM.

      In fact there may be, it is just that there is much less to find. Either there is less dirt against IBM or they have hidden it much better (which is SCO's claim of course).

    3. Re:Conjecture, sure. Valuable to SCO? by HiThere · · Score: 1

      By the time this case came up, IBM had been campaigning as the "Friend of Linux" for well over a year (not quite sure how many). IBM was not ill thought of by more than a very few, most of whom were .. sorry .. incoherent. Some have long memories (back to WWII). Some lost jobs for not supporting IBM. They were fixed in their attitudes, but IBM had been reforming itself for over a decade, so few were still very anti.

      SCO, OTOH, had moved from being a questionable ally to being a clear enemy who would insult us in public at every opportunity.

      There might have been a few who would have worked to damage IBM, but they would have been few.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  16. Re:Psst. by Anonymous Coward · · Score: 1, Funny

    Psst. Calling a Democrat an idiot doesn't make you a Republican. By the way, you're an idiot.

  17. Andrew Orlowski by MythMoth · · Score: 4, Insightful

    Do you remember Jon Katz? I don't know if he still posts on Slashdot, because (hallelujah) they provided the block-Jon-Katz option in user preferences.

    I've stopped reading El Reg because they don't have a block Andrew Orlowski option. I could tell within a sentence (without reading the byline) that an article was by Andrew.

    Previously his articles have dripped with vitriolic envy of Google. I'm guessing that the new ones have the same acidic content agains Groklaw. While I've doubts about the objectivity (ho ho) of Groklaw, life is too short to read Andrew's rantings on the subject.

    --
    --- These are not words: wierd, genious, rediculous
    1. Re:Andrew Orlowski by HiThere · · Score: 3, Insightful

      Groklaw doesn't claim to be objective. PJ comes out of the legal tradition, not the scientific one, and believes in adversarial debate. But Groklaw is used to discover and report on facts. Not entirely facts that necessarily support one side or the other, but facts that will be the background against which and around which the case will be prosecuted.

      There's no absolute requirement of objectivity in order to recognize facts. It can help, but it's not a requirement.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Andrew Orlowski by MythMoth · · Score: 1

      Then you shouldn't have any trouble with Orlowski's subjective approach. As far as I know he doesn't claim to be objective either.

      Personally I find Groklaw's very obviously partisan commentary on the facts to be unhelpful. I particularly dislike it when they stray away from the SCO discussion onto other subjects where their real strength (the presentation of raw evidence) is not exhibited, or less so.

      --
      --- These are not words: wierd, genious, rediculous
    3. Re:Andrew Orlowski by Anonymous Coward · · Score: 0

      > PJ comes out of the legal tradition, not the
      > scientific one, and believes in adversarial
      > debate

      Provided, of course, that that adversarial debate
      doesn't happen to be about her or Groklaw.

      That'll get you banned in a wink.

    4. Re:Andrew Orlowski by Anonymous Coward · · Score: 0

      Orlowski is a hack writer of the worst kind. His particular brand of "jounalism" would be labeled as opinion or editorial or commentary by any legitimate print media. But The Register allows him to blend into their framework of "news" under the reader's radar. Since they refuse to include bylines with their headlines, most of the time it is impossible to tell which stories are the biased product of Orlowski (sometimes the heads are so ridiculous it becomes obvious Orlowski's blabber is only a click away). So his totally biased personal opinions and agenda are proffered under the guise of "news" by The Register as if they don't need to take a stand here. If they would put bylines with the headlines Orlowski could be avoided. Or better yet, be honest and label his rants for what they are--slanted.

    5. Re:Andrew Orlowski by Anonymous Coward · · Score: 0
      Personally I find Groklaw's very obviously partisan commentary on the facts to be unhelpful. I particularly dislike it when they stray away from the SCO discussion onto other subjects where their real strength (the presentation of raw evidence) is not exhibited, or less so.

      I notice you have a low ID. If you've been following Slashdot that long, you should have no problem separating the gold from the dross in an online forum.

    6. Re:Andrew Orlowski by MythMoth · · Score: 1

      It's the dross in the articles that worries me; I don't read the comments on Groklaw. Or indeed on Slashdot 90% of the time.

      --
      --- These are not words: wierd, genious, rediculous
    7. Re:Andrew Orlowski by augustz · · Score: 1

      Before even clicking I was thinking, Andrew Orlowski for sure.

      He did the slam linus pieces, slam google pieces. More importantly though, he's often wrong on things (spelling errors are hillarious for a "bureau chief").

      The thing is, Slashdot needs to stop linking to his stories, or he will employed for life.

    8. Re:Andrew Orlowski by HiThere · · Score: 1

      If he had significant facts, then I would appreciate it. He doesn't appear to.

      The change that was made was appearantly to clarify a statement that few had originally had any problem with.

      If they are facts, why would you find them unhelpful? (If you were interested, that is. Some days I am, and some not, and some only a little bit.) I have no evidence that Groklaw is refraining from publicising any facts that might be helpful to SCO, but such are QUITE rarely found. (I've seen some lively discussions of some obscure legal point that might help them.)

      One problem with attempting to support the SCO side is that they haven't offered any evidence at all (in public) that hasn't been shot down immediately. Another is that they have changed the basis of their complaint as often as the judge would let them. Another is that nobody seems to have found any facts to support them, except a few obscure legal points...which aren't likely to be either relevant or decisive, but which might apply in certain circumstances (IANAL...so at this point I'm giving an uninformed observers opinion).

      If you are an SCO advocate, then I can understand your being displeased with this. Otherwise I can only understand your being interested or bored. But if you dislike it, then why are you bothering to read it? I often like it, but many days I don't bother. (Too much else to do, and it's not a high priority.)

      If you want a quick judicial decision, then Groklaw can't help you. Such is not one of their capabilities. That's the business of the judge.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Andrew Orlowski by HiThere · · Score: 1

      Interesting troll...got any evidence?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    10. Re:Andrew Orlowski by Xtifr · · Score: 1

      > It's the dross in the articles that worries me; I don't read the comments on Groklaw. Or indeed on Slashdot 90% of the time.

      You read Slashdot at ALL and are complaining about the articles...on Groklaw!?! Irony, thy name is MythMoth! :p ;)

  18. What is a serials? by Cardbox · · Score: 1

    The original posting doesn't seem to make much sense. Is a serials the same as a series, or what?

  19. PJ's polite but devastating putdown - ouch! by Silve · · Score: 3, Insightful

    Thanks PJ for the most polite but devastating putdown I have seen in years :)

    PJ: "I see I should have explained all that more clearly, and I'll surely be more alert in the future,
    to make sure those with no legal background or training can follow along."

    1. Re:PJ's polite but devastating putdown - ouch! by Anonymous Coward · · Score: 1, Insightful

      Because the lord knows geeks slighting people who don't know what they do is novel and unexpected behavior.

    2. Re:PJ's polite but devastating putdown - ouch! by Anonymous Coward · · Score: 0

      Just one problem, she didn't respond to the key point of the Register's article:

      "Project Monterey was the stopgap, in a way, I gather. It worked for the enterprise right away, and it was a path to smoothly move to Linux as it matured," wrote Jones.

      There is a serious problem with this hypothesis: it isn't true.

      Ms. Jone's response only covers the POWER issue, which is peripheral.

      So not quite such a powerful putdown after all. However I have to wonder if I'll be heard in this particular echo chamber

    3. Re:PJ's polite but devastating putdown - ouch! by dipipanone · · Score: 2, Informative

      PJ's response covers the POWER issue, because that
      was the subject of her stories. The reason it is the
      subject of her stories is due to SCO's proposed 4th
      amended complaint, which seeks to argue that IBM
      released AIX on Power without their permission.

      Of course, you can be forgiven for thinking this is
      peripheral, because Orlofsky's story doesn't mention
      it at all. Like PJ, I'm not at all clear what he
      thinks he's rebutting in his rebuttal.

      However, I agree that it isn't a very good putdown.

      Hardly a putdown at all, in fact.

    4. Re:PJ's polite but devastating putdown - ouch! by Chris+Burke · · Score: 1

      I'd say the majority of Groklaw's readership has no legal background or training, though it does attract some folks who do. PJ consistantly explains or links to explanations of legal terms and their significance. If anything, she's putting herself down for assuming someone would understand what she was getting at.

      This is exactly the same as if I were explaining something about computers to a non-computer person without giving them the necessary background. The failure is then mine, not theirs. PJ understands this, and is seeking to correct it, because she is a responsible person.

      --

      The enemies of Democracy are
  20. The only way to the truth is via open discussion by btarval · · Score: 4, Interesting
    The only way to discover the truth of the situation is via presenting all of the facts in an open forum. That's how our Court system works. Alas, it's not how the Register works (much as I generally like reading the Registers' articles).

    So, thanks for the article, guys. As others have pointed out, P.J. has already put up a response, with her usual discussion forum there.

    Being open about things requires getting at the truth. And I think people generally agree that the real truth, presented in Court, will make Linux stronger, not weaker.

    I also note this falsehood in the Register article:
    "SCO made friendly with Linux as best it could,"

    Pure, utter bull. SCO was never, ever a nice company. They pulled EVERY dirty trick in the book that they could. This case is, in fact, the SECOND time they have partnered with Microsoft to bring down a UNIX competitor via the Courts. The first time was a legal threat to a small company called Microport, when Microport publically announced Xenix binary compatibility in stock AT&T UNIX.

    Microport, by the way, was the company which provided Richard Stallman's foks with a complete development system for free, just so that he could put gcc on the 386.

    Also, there was a quote from Doug Michaels (head of SCO at the time) stating in an interview that SCO would "steal everything it could" from Linux. Michaels later retracted that statement; but it was clear that his original words were what SCO had on its mind.

    So noo, SCO never, ever made friendly with Linux. It was always trying to stab Linux in the back at every opportunity it could. To state otherwise is an outright lie, and is to the Registers' general discredit.

    --
    The best way to predict the future is to create it. - Peter Drucker.
  21. Yawn by EpsCylonB · · Score: 0, Redundant

    SCO vs IBM ?, is that still going on ?.

    Still not as bad as when the SCO story first started, 45 or 5 articles a day about SCO on \.

    Take away my \. id if you like but I am staying out of this until its finished (in what 3 or 4 years time ?).

    Somebody wake me when its all over.

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

      If you are staying out of this til it is over! WHY ARE YOU POSTING HERE? You seem to be in it, despite your stated desire to keep out of it.

  22. I never understood the fascination with the Reg... by Evro · · Score: 5, Insightful

    After seeing how many people relied on the Register as a news source I figured I should check it out. After a few days I gave up; I was really put off by their lack of professionalism in reporting (I know lightning will strike me for writing that on Slashdot...) and the blatant bias in everything they write. I have come to view it as a cross between the Weekly World News and People Magazine of technology reporting. It's more like entertainment than news.

    Here's an example of their crapola: http://www.theregister.co.uk/2005/04/11/torvalds_a ttack/ .

    Can you imagine a newspaper printing, "Here's a quote from president Bush. Haha... just kidding!" I have a sense of humor, but there are times when stuff like that is appropriate and times when it's not. It's like an entire site of editorials and wannabe pundits.

    --
    rooooar
  23. Re:Give up and Die, SCO by AngryScot · · Score: 1

    The MPAA seem to be copying SCO, shame they seem to be winning with their implementation :)

    --

    All spelling mistakes are due to solar flares...honest

  24. "difficult to envisage Groklaw's conjecture" by Anonymous Coward · · Score: 3, Insightful

    "it's difficult to envisage Groklaw's conjecture swaying a court case, ..."

    That's not what Groklaw is doing. Groklaw makes as many court documents as possible public. Convincing a court of anything is the lawyers' job. What Groklaw is doing here is clarifying arguments already made by IBM's legal team.

    What Groklaw does is fight FUD. It has done a very good job of fighting FUD. The result is (imho) that the mainstream press has figured out the truth much sooner that it would otherwise have done.

  25. Is this the same Register .. by valisk · · Score: 2
    which often gets its facts wrong?
    I emailed them on a couple of occasions to advise them of factual innacuracies in their stories, only to be ignored.

    On one occasion when discussing a new database used by casinos in Vegas, they stated that blackjack players, who are card counters, were cheats and criminals who could be arrested.
    Card counting is perfectly legal in Nevada, even if casinos dont like counters, and the Register could have checked that and then corrected it, but chose not to.

    So I choose not to read their often inaccurate garbage anymore.

    --

    Economic Left/Right: -0.62
    Social Libertarian/Authoritarian: -3.69
  26. They publish a tariff by NickFortune · · Score: 4, Informative
    The reg publishes a tariff. A quick article casting aspersions upon PJ and Groklaw would only cost SCO 15k - cheap compared to the dosh they've blown on lawyers fees lately.

    Of course, this being el Reg, I'm never entirely sure whether or not to take said tariff with a pinch of salt. Overall, I think I'm tending toward not.

    It doesn't diminish my my affection for the rag, I just don't take them too seriously when they pull sudden a volte-face in favour of someone with deep pockets.

    --
    Don't let THEM immanentize the Eschaton!
    1. Re:They publish a tariff by Pharmboy · · Score: 1

      Wow, I wish I had a mod point or three. Your link came as a total surprise. I have to give El Reg credit, tho. All press is for sale, they are just open about it and post a menu for you to choose from. That DOES clarify alot of stuff, however. One has to wonder if the original article WAS a paid one...

      --
      Tequila: It's not just for breakfast anymore!
  27. More PJ response by Anonymous Coward · · Score: 2, Informative
    "PJ's response, unfortunately, only goes into those last claims, not the critique on the stopgap claims, which are justified, IMHO. "

    Look further down in the comments section of that article by PJ. She points out that she did make a minor adjustment in her phrasing of the stopgap phrase in order to be clearer about what she meant. Orlowski misinterpreted her intention, and she promises to try to be clearer in the future.

  28. Both sides need to be heard by PenguinBoyDave · · Score: 1

    I think it is important for both sides to be heard. SCO is, by all accounts, dead wrong here, and is on the slow boat to implosion because of this rediculous lawsuit. Let both sides have tiehr say in court, and when it comes out that SCO is full of shit and they wasted millions of dollars of their own and IBM's, then the backlash will wipe them off the face of the IT map. Let it all come out...this is getting good :)

    --
    I'm not a troll, but I play one on Slashdot.
  29. Nah, that's not a putdown by Anonymous Coward · · Score: 0
    Most people do not have legal training, so it's hardly a slam to point that out. It would be like saying, "I will try to explain music theory more clearly to make sure those with no piano training can follow along." A slam? Nope, just an acknowledgement that most people do not have that specialized knowledge.

    The problme is that with law, everyone thinks they know enough to comment on legal matters. But without that training, you usually don't know enough to follow the nuances of a given case from the strict legal perspective (you know, the one perspective that actually gets used in the court itself). I mean, hands up everyone who knew what estoppel meant and how it affects a legal case. Before reading it on Groklaw, that is.

  30. Maybe it is just me but... by LWATCDR · · Score: 2, Insightful

    Isn't it a good thing that a news site can not sway a court case?
    "it's difficult to envisage Groklaw's conjecture swaying a court case, but it provides SCO with valuable public relations ammunition.""
    I really want news services to inform me about what is going on in a court case not have any real effect on a court case. In theory anyway court cases should not be effected by public opinion or news coverage.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:Maybe it is just me but... by Stumbles · · Score: 1
      I still cannot figure out how he arrives at the conclusion what Groklaw has posted on the matter is valuable to SCO, especially in the area of public relations.

      If anything it shows quite clear, at least to me. The current management of TSG are lying about the intent of Monterey. Hell, every top dog of management prior to McBride says the opposite of McBride.

      At the very least he needs to take off Zephod's sunglasses.

      --
      My karma is not a Chameleon.
  31. Interesting to compare by Anonymous Coward · · Score: 1, Informative

    An integral part of every Groklaw discussion is the "Corrections here" thread. PJ (whose blog it is) bends over backwards to make sure the facts are correct. I can't think of another web site where fairness is upheld so strictly.

    This is not to say that PJ and the others posting on the site don't have opinions of course.

  32. the Register article is mush by Anonymous Coward · · Score: 3, Insightful

    It's barely coherent- if the author has a point, it's well-concealed. He cites nothing to back up his assertions, whatever they are. Groklaw always includes source material- you don't have to take PJ's word for it, anyone can see for themselves.

  33. Perspective Vortex by Stumbles · · Score: 2
    To understand what Mr. Orlowski is croaking about you would do will to read PJ's analysis along with his. I've read both and seems to me her analysis is the more reasonable, correct and more encompassing as a whole.

    Mr. Orlowski glosses over or ignores to many things for his piece to be taken as anything but a clickity magnet.

    --
    My karma is not a Chameleon.
  34. Case in point... by lxt · · Score: 3, Insightful

    ...this Slashdot story is a case in point, particularly with the mod point system used.

    As Orlowski says, "commenters who pointed out the shortcomings of the argument were lost in the Groklaw noise [...] They're lost amidst comments such as "Absolutely fascinating", and "Doesn't this just about blow the whole of SCOG's case out of the water?"

    The same is perfectly true here - I'm sure there are far more of the latter on Slashdot, and being a "democratic" mod system the latter wield the greater "power".

    Thus, those who post comments such as "This article is wrong", "Groklaw is right", "PJ is right" etc. etc. will in general be moderated far higher than those posting "...perhaps Andrew Orlowski has a point".

    Now, the big question is whether that's a bad thing. The point of the Slashdot mod system is that only after repeated moderation by severak different people does a comment become noticed. The system is, in it's own idiosyncratic way, a democracy. But as a result of this, some opinions that may actually have some merit but are disagreed with by the majority are left behind.

    The echo chamber exists right here - when this article was at around 75 comments posted, I'd say I saw many more pro-Groklaw posts modded up to 5 than criticisms...there were critical posts there, but they had yet to be moderated up.

    1. Re:Case in point... by Anonymous Coward · · Score: 0
      The point of the Slashdot mod system is that only after repeated moderation by severak different people does a comment become noticed. The system is, in it's own idiosyncratic way, a democracy. But as a result of this, some opinions that may actually have some merit but are disagreed with by the majority are left behind.
      except that editors can (and are expected to) go through all of the commentsand "bump or dump" as they wish.
    2. Re:Case in point... by Anonymous Coward · · Score: 0

      ...exactly. Like the democracy we live under, there's always someone with far greater indescriminate power than the general population :)

    3. Re:Case in point... by jbolden · · Score: 1

      OK there have been something on the order of 50k posts regarding the SCO case since this case began. Can you point to one post in that 50k containing quality information about this case which was modded down since the information was harmful to IBM? I can't. I followed this case closely for years and I have yet to see a single piece of evidence for anything SCO has ever claimed.

      To see an example of a good post regarding copyright claims look at the discussion about WhiteWolf vs. Sony on Underworld. There you will see a list with roughly 90 items that WhiteWolf claims originated from them and were taken by Sony. There is then a large debate on those 90 items with most people on /. agreeing with roughly 50 of them.

      That's the way copyright cases usually go. Not getting turned into an IP case then a contract dispute regarding clauses in the contract which aren't in the contract about events that never took place....

    4. Re:Case in point... by Kaenneth · · Score: 1

      That why I try do avoid using my mod points on the basis of agreement or disagreement with the content of the comment.

    5. Re:Case in point... by Anonymous Coward · · Score: 0

      Andrew,

      You seem to have the viewpoint that certain post will get modded up because of what they are for instead of what they say or any merit of the post.

      Consider the alternative. That the "Perhaps Andrew has a point" posts don't get modded up because moderators don't feel he has a point. Maybe Andrew's standing is low compared to Groklaw for good reason.

      Just because the moderation reflects that (or perhaps, the intelligent posters generally are more pro-Groklaw than pro-Andrew) doesn't mean it is an echo chamber and it doesn't make you right.

    6. Re:Case in point... by Shadowlore · · Score: 1

      when this article was at around 75 comments posted, I'd say I saw many more pro-Groklaw posts modded up to 5 than criticisms...

      Which could also be do to the criticisms being invalid. Simply stating that posts advocating Groklaw's "correctness" or factual superiority are modded up more than those saying the same about the Reg article as evidence of an "echo chamber" is shoddy argument. It may well be the case that the posts about the veracity of groklaw over thregister are correct by and large.

      --
      My Suburban burns less gasoline than your Prius.
  35. National Inquirer by theendlessnow · · Score: 1

    The Register is similar to the National Inquirer. That's not necessarily bad, but you do need to be very careful with the in "information" presented there. It's great for rumors and such though.... factual content? Maybe not.

  36. You're missing the point... by lxt · · Score: 2, Insightful

    ...I thought the major point was pretty easy to see - that forums such as Groklaw (and Slashdot) exist so that many users can have their beliefs confirmed or backed up by the majority, the "echo chamber" described...

    The article is trying to put across the point that on single-sided sites such as Groklaw (and that's really what it is), context is lost completely.

    1. Re:You're missing the point... by Anonymous Coward · · Score: 2, Insightful
      The article is trying to put across the point that on single-sided sites such as Groklaw (and that's really what it is), context is lost completely.

      The problem is that TSCOG is a soft target.

      Their public statements conflict with their court filings. Their earlier court filings contained grammatical as well as spelling errors. Their latest filings are pompous and repetitive. Their alleged evidence is so insubtantial as to be almost ludicrous. It's almost a textbook case of how not to conduct a lawsuit. Groklaw may appear one-sided, but it's hard not to laugh and make fun of TSCOG.

  37. ...but it's the facts that are distorted by users by lxt · · Score: 1

    Perhaps I didn't understand the article entirely, but the point Orlowski seems to be making is that sites like Groklaw can take the facts and place them entirely out of context. In an effort to undermine the "FUD", even minor facts become revalations.

  38. Groklaw is NOT an open forum... by lxt · · Score: 1

    "The only way to discover the truth of the situation is via presenting all of the facts in an open forum. That's how our Court system works."

    I'm pretty sure the implication there is that Groklaw is an open forum.

    Except it's not.

    It's a heavily biased forum - I don't think anyone would try to refute the claim that the majority of Groklaw contributers are anti-SCO. A court is, in theory, unbiased. The judge should weigh the case up on a fact by fact, argument by argument basis.

    Groklaw doesn't quite work like that, and that's what The Register is trying to say. New facts produced on Groklaw are jumped upon by the majority, and elevated above the level of relevance they actually have.

    So, whereas a small piece of information that could be used against SCO may have a negligable effect in court, on Groklaw the majority of users are already very anti-SCO, and so leap on to it.

    Groklaw is simply not an open forum, and that's the point The Register tries to make.

    1. Re:Groklaw is NOT an open forum... by Kaemaril · · Score: 3, Informative

      Oh, please.

      Since when does "open forum" = "unbiased forum"?

      In point of fact, I'd have to say that pretty much ALL of the groklaw contributors (by which I mean articles, rather than comments) are pretty much "anti-SCO", but this doesn't mean that the site isn't open.

      Last time I checked the T&C you didn't have to promise faithfully to switch your brain off and follow the party line to comment over at Groklaw. Nor does PJ go through every comment ensuring that the purity of the site's Anti-SCO bias is untarnished.

      That's near enough "open" for my liking.

    2. Re:Groklaw is NOT an open forum... by slipstick · · Score: 1

      Just a second are you saying The Register wasted 4 good web pages, the Reporter's time, our time, and our energy to tell us in a not very straight forward way that Groklaw is inhabited by biased, Anti-SCO users? Oh MY GOD! Who would have thunk it. Damn good thing the Register brought that to our attention.

      Psst, over here, yeah you, don't tell anyone but did you know that Slashdot is inhabited by a bunch of Techno-Geeks, no really, mostly Linux users, quite a few rabid ones. Think maybe I should have this posted on THE REGISTER? This might make for a really good story, maybe 6 pages.

      If that's the Register's point than they totally, utterly failed, because they weren't very straight forward about it AND they demonstrate the very failure you think exists on Groklaw. The "New facts produced...jumped upon by the majority", is more attributable to the Register than it was to Groklaw, at least in this case.

      The "fact" that The Register article took out of context was PJ's speculation of Monterey as a "stopgap" towards Linux. That speculation was a minor point in a series of articles 'dedicated' to show that SCO knew or reasonably should have known that Monterey was to run on the POWER architecture from the start. The Register's reporter didn't do his homework, or if he did he ignored the main thrust of the "evidence" gathering, and decided to latch on to PJ's mere speculation.

      The evidence gathered by Groklaw regarding Monterey on POWER would go a LONG way in court to defeating the 3rd Amended Counterclaim by SCO. This is the one where they claim IBM broke a contract with SCO by developing Monterey on POWER. Groklaw's evidence showed that SCO knew or reasonably should have known that Monterey was being developed on POWER from the beginning. Of course IBM has some of the best lawyers working for them so they didn't need Groklaw, but none the less the evidence was there.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    3. Re:Groklaw is NOT an open forum... by jbolden · · Score: 1

      Can you give an example where Groklaw has deviated from attempting to form a chain a legal reasoning, evaluating the evidence to determine if SCO has any possible case? Obviously unlike a court Groklaw is making predictions, but on their analysis I see no evidence they are treating any positive claims by SCO any worse than they should be treated. The problem is that this is such a weak case that any presentation of the facts is harmful for SCO.

      The real test for Groklaw would be someone they hate with a good case. For example if CherryOS has stood their ground and argued regarding standing for (or one of the developers).

    4. Re:Groklaw is NOT an open forum... by jbolden · · Score: 1

      When has anybody who is pro-SCO ever presented any evidence to any open forum ever? This is a nonsense charge. Groklaw isn't a failure because SCO doesn't have a case.

    5. Re:Groklaw is NOT an open forum... by mstone · · Score: 1

      When you read Groklaw, you have to remember one basic fact about the western legal process: The only thing that matters is your evidence.

      Bias is irellevant to the law. The attorneys on one side of a case will be firmly biased one way, and the attorneys on the other side will be firmly biased the other way.

      Groklaw is 'open' in the sense that all its evidence is right out there for everyone to see, no matter which way their bias happens to point. This is different from SCO, which has still failed to identify the code it claims has been misappropriated.

      And yes, Groklaw does have a clear bias against SCO. It began as an attempt to counter the FUD-storm that SCO was pumping into the court of public opinion. Remember the "millions of lines of code"? The "team of MIT researchers"? Darl's Open Letters too the Linux Community?

      SCO went into this litigation playing a very hard flavor of hardball. They made large, bold, easy to understand claims, and left the tech community to respond with arguments that were logically correct, but too complicated to win any mindshare. And it worked. For probably the first year of the case, SCO's side of the story was the one that was heard in the mainstream media.

      So PJ began reading documents and collecting evidence, and embarked on the long, slow process of chipping away at the FUD one little bit at a time. Over time, she developed a reputation for countering SCO's claims reliably, thoroughly, and on the basis of hard evidence. Eventually, the mainstream press started to pay attention, and started treating SCO's claims more critically than they had before.

      At present, SCO has the FUD machine pointed at Groklaw and PJ herself. Within the last month, Darl was quoted in this article saying:

      "if you look at the reality of the Pamela Jones situation, you have to conclude that all is not as appeared as it is in Groklaw land. We appreciate that many media sources disagree with us, but they're accountable. We think you need to know who's behind the news."

      and:

      "we're digging into who Pam Jones is, and we're close to the bottom."

      because they'd really like people to see Groklaw as a haven for anti-SCO fanboys, and question (or better yet, ignore) all the evidence that Groklaw has accumulated. Then SCO could get an unfettered run at the media again.

      And if they get it, I invite you to consider just how 'open' SCO's comments to the media will be.

  39. Don't you dare backpedal on this by Anonymous Coward · · Score: 1, Insightful
    You said:
    perhaps it would be better if Groklaw let the courts decide

    Of course, that's not what I or The Register is saying.

    Only that the Truth often gets lost when the Facts are repeated by people who don't know what they're talking about (forum posters, not the Groklaw folks).

    Explain the discrepancy you weasel.
  40. Re:Give up and Die, SCO by Leadhyena · · Score: 1

    I'm sure Bill is paying attention... with at least $10 million invested in SCO's lawyers and the purchase of a submarine patent, he has a lot riding on it.

  41. Re:Totally agree by Anonymous Coward · · Score: 0

    The Register has one rotten apple and it is Mr. Orlowski. Worthless journalist only going for self-created sensationalism. He has no credibility at all as he fails to back up any nonsense which he comes up with. Or it is with a link to his previous worthless article.

    Pamela Jones of Groklaw backs up any serious statement with proof and tries to investigate her topic thoroughly before she writes about it. And if she get something wrong, she'll correct it. She gets no money out of that site, has no advertisement and therefore is not entitled to go purely for a high number of clicks. But she's also quite liked by the FOSS community, and that makes her a good target, after Linus Torvalds, for Mr. Orlowski's trolling.

  42. Re:Groklaw IS an open forum... by SABME · · Score: 3, Insightful

    Open simply means that anyone is free to contribute.

    Groklaw is an open forum, because anyone is free to post there. If it were a closed forum, only a certain select few individuals would be allowed to post there.

    The "open-ness" of a forum has nothing to do with the general opinions of its members, and whether or not they agree or disagree with your opinions.

    A similar analogy is open source software vs. closed-source software:

    1. Open source: anyone can see the source code
    2. Closed source: only those with special privileges can see the source code

    Notice that what makes open source software open is not the opinions of the people who use or develop it (like open source forums).

  43. Re:I never understood the fascination with the Reg by Xiarcel · · Score: 2, Insightful

    The point of that argument is to draw a parallel between Linus' statements regarding the whole "Tridge" thing, and how they apply to reverse engineering projects elsewhere (OpenOffice for the MS Office compatibility, SAMBA for reverse engineering SMB over-the-wire, etc..)

    It was saying that Linus' attacks on Tridge might-as-well-have-been attacks on OpenOffice, or other compatibility based projects.

    ~Dave

  44. Note That... by judmarc · · Score: 2

    ...the author of the Register article says he bases his account on "first hand experience," including attendance at 4 SCO Forums.

    Certainly the SCO representatives at these forums would not have hesitated to be completely open and honest with customers, investors and media - if SCO's announced strategy for the future (Project Monterey) was a mere stopgap until Linux became dominant, I'm sure they would have come right out and said so.

    Ahem.

  45. Re:The only way to the truth is via open discussio by Eunuchswear · · Score: 2, Informative

    Oh, god, here we go again.

    The SCO that threatened Microport is not the SCO that is suing IBM.

    Santa Cruz Operation != The SCO Group.

    This SCO is Caldera. Caldera who used to sell Linux. Remember them?

    Got it?

    --
    Watch this Heartland Institute video
  46. Re:National Inquirer, try The Inquirer! by dgh · · Score: 1

    Probably more accurate, and definitely more entertaining, is The "Inquirer" at http://www.theinquirer.net/.

    Former Register employees.

  47. Re:Psst. by Anonymous Coward · · Score: 0

    Psst. You're still a flaming faggot. Your point?

  48. Re:...but it's the facts that are distorted by use by Anonymous Coward · · Score: 0
    Perhaps I didn't understand the article entirely, but the point Orlowski seems to be making is that sites like Groklaw can take the facts and place them entirely out of context.

    Except that Groklaw provides context. All unsealed court documents and transcripts, links and copies of public statements by the participants, press releases, news articles. All indexed and cross-referenced.

    I don't know how they could supply any more "context".

  49. It's not a fair question by vegaspctech · · Score: 1

    PJ is Groklaw. Andrew Orlowski isn't The Register. The Register publishes Orlowski's opinions, they don't claim them as their own.

    --

    Making the world a better place, one psychotic episode at a time.

  50. The reg and /. lost all impartial credibility by Anonymous Coward · · Score: 0

    for me when they started selling ad space to microsoft.

    Welcome to biased reporting - look for it; it's there.

  51. Re:I never understood the fascination with the Reg by Evro · · Score: 1

    Oh, I understood their point perfectly once I got to the third paragraph or so. Opening an article with factually incorrect statements and then turning around and going "Imagine if that really happened!" just seems unprofessional, and moreover, lame, from a "news source." Just seems like crappy writing and/or "reporting" on their part.

    --
    rooooar
  52. Does the word "law" appear in www.theregister.com? by technoCon · · Score: 3, Interesting

    Let's see: The Register, a general tech info site located in another country. Versus: Groklaw, a legally focused site located in the US and run by PJ, a legal expert (not a lawyer, but any lawyer would do well to hire her to clerk).

    And they disagree on a point of US law?

    On the face of it, I'm inclined to give the benefit of the doubt to Ms. Jones.

  53. It's Orlowski by pjc50 · · Score: 2, Insightful

    While reading the ./ article I thought, "hmm, this sounds like Andrew Orlowski's work". And lo and behold, it's his byline at the Reg article. Orlowski is a pure contrarian: he writes anti-blog articles and pro-DRM articles, knowing that outraged people will link to them and drive traffic to the Register. And it works!

    1. Re:It's Orlowski by Anonymous Coward · · Score: 0
      So ... if someone wants to read an article about DRM or the Microsoft trial - and Orlowski and The Register have often been first with the news - people are stupid for going to the site?

      You talk about driving traffic like herding sheep. Maybe people aren't stupid and want to read it? You drip with contempt for the public.

  54. Re:paralegal by Anonymous Coward · · Score: 0
    You would have to be American to really understand why we think soccer is a worthless game.

    The 'periods' (halves) are too long for your attention spans, it doesn't stop between every play so you can get more cheesy nachos, you're not allowed to wear armour, there isn't a 'point' scored every minute, you get your asses kicked by third world counties, the rules are too complicated for you're fat encrusted brains. Any I missed?

  55. Wrong SCO by RealProgrammer · · Score: 4, Informative
    Pure, utter bull. SCO was never, ever a nice company. They pulled EVERY dirty trick in the book that they could. This case is, in fact, the SECOND time they have partnered with Microsoft to bring down a UNIX competitor via the Courts. The first time was a legal threat to a small company called Microport, when Microport publically announced Xenix binary compatibility in stock AT&T UNIX.

    In 1979, Larry and Doug Michels founded The Santa Cruz Operation ("oldSCO"). Santa Cruz was then partly held by Microsoft. They ported UNIX to the 8086, releasing Xenix-86 in 1983, followed by releases for the '286 and '386 chips. (Both Santa Cruz and Microsoft sold Xenix at various times.)

    In 1994, Caldera was founded as a Linux distributor by Ransom Love and Bryan Sparks, financed and guided by Novell founder Ray Noorda.

    In 1995, Santa Cruz bought Xenix from Microsoft and UNIX/UnixWare from Novell.

    In 1996, Caldera bought DR-DOS from Novell, and promptly sued Microsoft over antitrust.

    In 1998, Project Monterey was announced between IBM, Sequent, and Santa Cruz.

    In 1999, Microsoft sold off all it's Santa Cruz shares.

    In 2000 (January), Microsoft settled the DR DOS case with Caldera for between $60 and $150 million. In March of that year, Caldera Systems reincorporated in Delaware, receiving a $30 million investment from Sun, Santa Cruz, Citrix, Novell and venture capitalists and made an IPO. Ray Noorda then owned 73% of Caldera Systems. In a deal announced in August of 2000 and completed in the Spring of 2001, Caldera bought the server and OS part of oldSCO. OldSCO then changed its name to Tarentella, which (in 2005) sells a nice directory for Unix. At some point after the UNIX purchase, apparently, Ray Noorda stopped giving much guidance to Caldera.

    It was widely believed, that Caldera's purchase of Santa Cruz' UNIX group would mean the end of Monterey. Certainly it gave IBM an out, since their Monterey contract specified that a change in control could end the agreement.

    In January 2003 IBM made some public statements implying that they were using their AIX knowledge to advance Linux.

    In March of 2003, Caldera sued IBM for copyright infringement, I mean trade secret violations, I mean "this has always been a contract case". In July, Caldera changed its name to "The SCO Group".

    As far as I know, none of the people calling the shots at The SCO Group (Caldera) have anything to do with The Santa Cruz Operation.

    --
    sigs, as if you care.
    1. Re:Wrong SCO by mav[LAG] · · Score: 1
      Thanks for the timeline and the correction to the GP. But Old SCO weren't really Linux fans either - remember the punk kids episode? Highlights from that interview with Doug Michels include:
      • Linus referred to as "some kid from Norway"
      • Alleged "misappropriation of intellectual property" in Linux. Hmmm, that sounds familiar :)
      • Some laughable predictions about the future

      He knew very well what he was saying at the time, his subsequent (and rather panicked) denials notwithstanding.
      --
      --- Hot Shot City is particularly good.
  56. My favorite quote from the Register article: by Dysan2k · · Score: 1

    More facts don't make a better argument.

    Now, if they'd said something to the effect of "More facts THAT don't make a better argument" or "More fact's don't NECESSARILY make a better argument" it would have made sense. As it is, the article reads as though the author was just scribbling something down.

    Spellchecker does not an editor make.

    --
    -What have you contributed lately?
  57. Re:Psst. by Thundersnatch · · Score: 2, Funny
    fanbois

    Is that pronounced "fan-BWAH"?

  58. Re:I never understood the fascination with the Reg by MythMoth · · Score: 1

    They're a tabloid "news" site. The aim is primarily to entertain, not to inform. Since I don't find Orlowski's brand of bitter diatribe entertaining, I don't read it any more - but there's nothing particularly wrong with the approach as long as the readers know to liberally salt their servings.

    --
    --- These are not words: wierd, genious, rediculous
  59. You forgot one major detail by Anonymous Coward · · Score: 1

    No, contrary to your attempted distortion, the SCO suing IBM is Caldera + oldSCO. If you'll recall, Caldera bought up the oldSCO, when oldSCO forked. That means they bought up all of the UNIX IP assets, some of the people, as well as the name.

    That's what the IBM case is all about. Got it?

    The fact remains, that SCO (old and new) has always been run by crooks. And they've always had an apparantly strong relationship with Microsoft. It's just a different set of crooks repeating the same culture that they've established in the past.

    But hey, nice attempted in trying to defend them

  60. Re:Does the word "law" appear in www.theregister.c by Angostura · · Score: 1

    No they (a set of senior journalists, who have been reporting on the IT business for 20-ish years in some cases) disagree on a point of IT-business history.

  61. bravo!! by Anonymous Coward · · Score: 0

    although our squad has not been getting our arses kicked by 3rd world countries as much, lately, and our chix rule!

  62. It's funny. Laugh. (Learn to spot a joke...) by WIAKywbfatw · · Score: 1

    Oh My God. Can't you spot a joke when you read one?

    "For £15,000 we will write any story you like on our site": do you think that any publisher as vitriolic as The Register would really really sell their soul so cheaply? Or that they would leave themselves that open to possible libel action by writing "any story you like"?

    The Register constantly ridicules the major shakers and movers in the IT industry. That page that you've linked to is it ridiculing those who cover the industry too.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:It's funny. Laugh. (Learn to spot a joke...) by NickFortune · · Score: 2, Insightful
      Oh My God. Can't you spot a joke when you read one?
      I'm having dificulty deciding in this case. I'm fairly certain I said that up front. It is funny. I did laugh. That does not mean that the reg is not at the same time deadly serious.

      do you think that any publisher as vitriolic as The Register would really really sell their soul so cheaply?
      This is a trick question, right? The tariff gag works just because of El Reg's posture of postmodern amorality. The question is whether (and to what extent) that stance is a gag, and to what extent it is in earnest.
      Or that they would leave themselves that open to possible libel action by writing "any story you like"?
      I think we can rely upon them to explain the small print before anyone sign anything binding. And that they're not fools enough to leave themselves open in that way. Advertising often fails to mention all the terms and conditons that may apply.

      What I want to know is this: How highly does the register value its journalistic integrity? If highly, then why print a tariff at all, since it can be used to call any article into question. On the other hand, if they place little value on the that integrity, then why would they not "sell their soul" for 15k? I mean it's not like it's a one off deal -- they get to sell out again and again at 15 grand a time.

      I find your faith in the Reg touching. But on this issue, I think I shall have to remain agnostic.

      --
      Don't let THEM immanentize the Eschaton!
  63. Disappearing phrases by Anonymous Coward · · Score: 0
    NO phrases have "disappeared"

    Groklaw: "Project Monterey was the stopgap, in a way, I gather. It worked for the enterprise right away, and it was a path to smoothly move to Linux as it matured."

    That's been corrected.

    The Groklaw articles claimed that Monterey was only ever a "stepping stone" to Linux, which is garbage. PJ also presented the fact that Monterey was designed to run on POWER as some kind of news.

    Both claims have been erased from the Groklaw articles.

    1. Re:Disappearing phrases by donnz · · Score: 1

      Read the articles in full. Groklaw is presenting as *legal* news, in that it must be "news" to SCO otherwise why the fuck would they ever claim that they were in the dark about the intents of their Monteray partners objectives which, coincidently, appeared totally in line with their own objectives at the time..

      If El Reg had done any research whatsoever they would have realised they were only backing up the point GL is making, that is SCO's appearent amnesia can easily be refuted and so their court claim can be shown to be worthless.

      --
      -- Free software on every PC on every desk
  64. Re:Does the word "law" appear in www.theregister.c by Anonymous Coward · · Score: 0
    And they disagree on a point of US law?

    No, Orlowski advised Groklaw that the Monterey series contained historical errors and she fixed them.

  65. Re:...but it's the facts that are distorted by use by slipstick · · Score: 2, Insightful

    Well in this case it is Orlowski taking "facts" out of context.

    The point of the Groklaw interest in Monterey was to gather information on SCO's claim that IBM broke their contract with SCO by developing Monterey on POWER. This was always the main focus for the fact gathering. Thus the majority of the statements and "revelations" made were regarding this position taken by SCO. That Monterey on POWER isn't much of a revelation for Orlowski is not really surprising given the mountain of "evidence" gathered by Groklaw. But maybe he should be contacting SCO to ask them why SCO thinks otherwise rather than quibbling with Groklaw over a speculation by PJ on a minor point eg. "Monterey being a stopgap towards Linux".

    So Orlowski takes a speculation and blows it up in to a 4 "page" story, that basically comes down to that PJ's speculation was 2 years too early, e.g. Monterey wasn't a "stopgap" from the beginning but it certainly seemed abandoned by the beginning of 2000 and certainly by Aug. 2000, and thus could be characterised as being possibly a "stopgap".

    Now that is all that Orlowski's article is about, an attempt to deride Groklaw based on a speculation by PJ in the midst of an article used to gather information not really connected to the speculation.

    It is obvious to me that Orlowski did not take the time to understand what the whole point of Groklaw's Monterey fact gathering mission was about. It seems to me he came in part way through, didn't read the previous discussion and took issue with a minor speculation. If that isn't taking something out of context I don't know what is. The worst part is that it is Orlowski who is supposed to be the "Journalist", but than maybe this isn't surprising because that is what I have come to expect from mainstream journalists anyway.

    --
    Sure information wants to be free, but how much are you willing to pay for the packaging?
  66. Who Cares? What does Dvorak Say by PenguinBoyDave · · Score: 1

    I mean after all, he knows EVERYTHING. I won't believe it until Moses (I mean Dvorak) brings down the final word from the mountain.

    --
    I'm not a troll, but I play one on Slashdot.
  67. Re:Psst. by Le+Marteau · · Score: 1

    No, it's pronounced "fan-BOIS", filthy American. I wave my naughty bits at your auntie. You mother was a hamster and your father smelled of elderberries. I fart in your direction.

    --
    Mod down people who tell people how to mod in their sigs
  68. the Register?? by Anonymous Coward · · Score: 0

    I've stopped a while ago paying attention to the Register; they seem to have quite a problem with the principle of accuracy and sourcing...

  69. Loaded question encountered on job interview by kriston · · Score: 2, Interesting

    I was on a job interview a couple of years ago in which the job was to develop software that currently ran on Solaris and part of the job would be to port that software to Linux. One of the questions asked, rather off-handedly, was what I thought of the then-emerging SCO litigation. I have used SCO products as well as Linux for as long as they've been around, and also have much detailed exposure to AIX and Solaris. I mentioned that I believed if SCO owned the technology of AT&T System V Unix such technology was their property and some of it is subject to patent protection as well as intellectual property protection. IBM appeared at the time to have released this technology directly into the public domain without regard to prior ownership and much of that code ended up in major Linux distributions' kernel and toolchains. I described how I read that the biggest reason that the BSD4.4-lite2 and subsequent NetBSD/FreeBSD distributions came about was because of intellectual property that had to be removed from BSD Unix (at the same time the BSD Unix project was ending). It appeared that the same thing was happening to Linux, except that today we have SCO suing IBM (instead of AT&T suing UCB).

    I will never know how much that contributed to their opinion of me.

    --

    Kriston

  70. Re:Give up and Die, SCO by Anonymous Coward · · Score: 0

    Perhaps because the MPAA has copyright on their side. Even if you don't like their tactics, or what their material costs, it doesn't make sharing copyrighted material legal.

    SCO appears to just be wrong AND not particularly likeable.

  71. Re:paralegal by Anonymous Coward · · Score: 0

    No, you covered it all.
    And we like it that way.

    I would have dissappointed if some lamer didn't bite on that.

    Complicated rules? Soccer? Are you joking? Maybe Cricket has complicated rules....not soccer.

  72. Orlowski strikes again by Jerf · · Score: 1

    Approaching this scientifically, I read the Slashdot summary, and I predicted based on existing theories I have that the article is by Andrew Orlowski.

    I click-through, and behold, I am correct.

    Andrew Orlowski is either incapable of reading or deliberately inflammatory to boost page views. I have never seen an article from him that was factually accurate, and the subsequent conclusions are exactly what you'd expect.

    People, when you see that name, think John Dvorak or Katz, not respectable journalist; at this point his articles should simply be discarded, as he doesn't even seem to get it right by pure chance.

  73. Gender a factor? by Anonymous Coward · · Score: 0

    I wonder how popular Groklaw would be if PJ were male instead of female. I bet not much.

    Personally, I don't understand why Groklaw keeps digging things up. If SCO wins, I just switch to OpenBSD and call it good. If SCO doesn't win, I keep doing what I'm doing with GNU/Linux and call it good.

  74. Thank you! by leonbrooks · · Score: 1

    Had a good laugh at the idea of Transmeta being involved in the fiaSCO. Please continue to take a faux pas like that every so often, it makes a nice change from seeing some moron presumptuously putting a foot wrong and then scrambling to defend their mistakes instead of admitting error.

    --
    Got time? Spend some of it coding or testing
  75. Heat goes on: The Register responds by microbee · · Score: 1

    See this

  76. SCO Fanboyz R00l! by Anonymous Coward · · Score: 0

    -1 Troll for the parent?

    Way to go SCO fanboyz!

  77. Right SCO - my point still stands. by btarval · · Score: 1
    Ummm, that's a rather curious timeline. It's also apparently mistaken. According to Caldera's own website it was:


    2002 Caldera changes its name to The SCO Group (SCO), returning to the SCO brand.


    2003 SCO Files Lawsuit Against IBM

    My point still stands, despite your curious error in this matter; this is the second time that SCO (or the owners of the so-called "brand" name) have partnered with Microsoft to bring a lawsuit in order to stifle competition in the UNIX area.

    --
    The best way to predict the future is to create it. - Peter Drucker.
    1. Re:Right SCO - my point still stands. by lheal · · Score: 1

      Wow, you're right. My records indicated that they had done the name change after filing the suit, but it was before. They filed the suit, and all filings up until July '03, as "Caldera Systems, Inc., d/b/a The SCO Group".

      You're still missing the obvious point that this SCO and that SCO are two different companies. It's pointless to lump them together.

      --
      Raise your children as if you were teaching them to raise your grandchildren, because you are.
    2. Re:Right SCO - my point still stands. by btarval · · Score: 1
      Well, to be honest, I hadn't missed your point at all; rather, I hadn't responded to it, as that would take a bit of typing, and detract from the other points. My apologies for not being clear about this.

      I must respectfully and strongly disagree that it's pointless to lump them together. Rather, I'd say that the differences don't detract from the point that they have a common theme of amazing crookedness throughout the history of SCO, as well as unique hostility towards competitors of their UNIX/Xenix. This includes active hostility towards Linux.

      To deny this is to lessen the unique place in history that SCO has earned for itself. Let us please keep this in mind, as I think it's a worthy goal.

      There was never any "friendliness" towards Linux, as the original article claimed.

      I would agree that the original SCO and the current SCO are different in key respects; however, they also have a lot of simularities. This is natural corporate evolution.

      These similarities include "Intellectual Property". And common structures, as well as customers and distribution channels (at least until the lawsuit). In short, they were selling themselves as the old SCO and acting like it.

      If you're going to claim that it's pointless to lump them together, then you will need to come up with a clear and convincing definition on how to distinguish separate companies and apply it here. To me, it's simpler and more accurate to view SCO's transitions as evolutionary. And typically so, as far as companies go.

      Please keep in mind that SCO was a vastly different company in (say) 1984, 1994 and 2004. And under three different managers (actually, I've forgotten when Doug took over, but it was around the mid 90's). Your definition will have to be accurate for each of these phases as well.

      Yes, they were under different top managers. But another key thing that they shared was being run by utter crooks. Larry, Doug and Darryl each would not only sell their grandmother for a buck, but they'd have no qualms whatsoever of killing anyone who got in their way. None of them had any moral misgivings about their deeds, which they displayed over and over again.

      The only difference was of competance. Larry would do the kill and take the buck. Doug would only succeed in wounding, but still get the buck. Darryl would wound himself, and drop the dollar. :)

      One has to expect that companies will change. They either do that or die. So rather than being pointless, we have certain common themes throughout SCO's history, that has survived all of its transitions.

      I have no doubt whatsoever that either Larry or Doug would fill Darryl's shoes in suing IBM. It would only be a simple matter of how much they could get out of the bargain. And they would demand a premium from Microsoft, unlike Darryl.

      So in summary, I agree that SCO was a different company in all three main phases of its history. But rather than being pointless to compare them, it offers a better picture of history to keep in mind that the owners of the SCO "brand" have always been actively hostile to Linux or other low-cost UNIX competitors. This is, indeed, their tradition.

      --
      The best way to predict the future is to create it. - Peter Drucker.
  78. There is no mystery! by Anonymous Coward · · Score: 0

    Look at the byline. Andrew Orlowski is and has been the sloppiest, most ill-informed writer at the Register for as long as I have been reading.

    If he wrote it, it is crap. Facts have no impact on his pre-conceived ideas, logic is a stranger to him. Read as much of his Register stories as you can and you'll see I'm right and you'll wish you could check a box to never see anything he writes ever again.

    Don't worry about it, it isn't the Register, it is just the Register being unwilling to dump an incompetent writer.

  79. Andrew Orlowski wrote the Reg story so ignore it by Anonymous Coward · · Score: 0

    He is the numbest nut and the densest dunce. If he wrote it, you can ignore it. No need for rebuttals, just *sigh* and move along.

  80. Re:I never understood the fascination with the Reg by Anonymous Coward · · Score: 0

    Andrew Orlowski wrote what you reference. Ignore everything he writes and you'll find the Register to be an interesting and largely worthwhile little site.

  81. Can somebody please mod parent up? by Anonymous Coward · · Score: 0

    Thanks

  82. Re:I never understood the fascination with the Reg by pellenys · · Score: 1

    Ah get over yourself. It makes it more interesting to read. If you don't like it, then read something sycophantic and banal like Zdnet.