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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.

26 of 224 comments (clear)

  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 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.
    3. 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.

  2. 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 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.

    3. 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.

    4. 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

    5. 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?

    6. 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.
  3. 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.

  4. 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??
  5. 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 :-)

  6. 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.
  7. 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

  8. 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.
  9. 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
  10. 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
  11. 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;
    }
  12. 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.
  13. 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...

  14. 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
  15. 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!
  16. 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.

  17. 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.