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SCO Says Email Is Inaccurate

daria42 writes "The SCO Group has slammed as 'inaccurate' suggestions that an e-mail from one of its own engineers showed Linux did not contain copyright Unix code, and even forwarded its own historical memo to journalists in an attempt to discredit the e-mail published on Groklaw." From the article: "This memo shows that Mr. Davidson's e-mail is referring to an investigation limited to literal copying, which is not the standard for copyright violations, and which can be avoided by deliberate obfuscation, as the memo itself points out..." We reported on the email yesterday.

326 comments

  1. Denial. Brilliant! by suso · · Score: 4, Insightful

    Well of course they would say that. I mean, given their history, is there any other choice they would have for how to respond to this.

    Corporate America feels like a childish game of "You go home.... no you go home..... No you go home.... No"

  2. Nice try, Darl, but... by nokilli · · Score: 5, Informative
    From cnet we have this story:
    Lines from Unix's source code have been copied into the heart of Linux, sometimes exactly and sometimes in a modified form designed to disguise their origin, according to SCO Group Chief Executive Darl McBride.
    ...and within which Darl McBride is quoted as saying:
    "We're finding...cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code."
    So sell your bullshit somewhere else, Darl. We're all stocked up here.
    --
    Why didn't you know?
    1. Re:Nice try, Darl, but... by Patrik_AKA_RedX · · Score: 5, Funny

      <blockquote>"We're finding...cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code."</blockquote>

      From a good source I know Linux does indeed contain lines that are exactly the same as in UnixWare Code.

      e.g.:

      for (int i = 0; i < MAX_INT; i++)

      while (!done)

      ...

      There are many more to find. SCO has even reason to believe many more companies has copied these exact same code fragments!

    2. Re:Nice try, Darl, but... by bigjocker · · Score: 4, Interesting

      Not only that, but they are claiming that a 1999 investigation proves wrong the one performed on 2002.

      Also, later on they claim that 'SCO also pointed out its legal wrangling with IBM dealt with more recent versions of the Linux code than were mentioned in the memo'. Are they saying the more recent version was available on 1999, but not in 2002?

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    3. Re:Nice try, Darl, but... by Cyn · · Score: 1

      Obviously people went through optimizing the Linux kernel by tearing large chunks of well tested and integrated code and replacing them with aritrary blocks of SCOs code.

      --
      cyn, free software and *nix operating systems enthusiast.
    4. Re:Nice try, Darl, but... by jcorno · · Score: 1

      The original argument was a little more believable. I can't see Linux programmers trying to hide something they don't believe is wrong, since everybody here (myself included) seems to think software patents or copyrights are nonsense.
      Even if it's true, they might as well give up now. No way are they gonna make a judge believe that obviously different code does exactly the same thing, whether it's true or not.

    5. Re:Nice try, Darl, but... by hurtta · · Score: 2, Funny

      From a good source I know Linux does indeed contain lines that are exactly the same as in UnixWare Code.

      e.g.:
      for (int i = 0; i < MAX_INT; i++)

      Very unlikely that this kind code is on Linux (kernel), because that is not C.

      (It looks like C++ code. )

    6. Re:Nice try, Darl, but... by telecsan · · Score: 2, Funny
      looks more like C# or maybe Java...?

      nothing wrong with that syntax in any C-based language (including C) other than the fact that there's no end to the statement.
      for (int i = 0; i < MAX_INT; i++)
      i--;
      Now that represents the SCO lawsuit better.
    7. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      No offense, but if you think that isn't proper C, you probably need your head examined. Besides, it was obviously meant to be a joke.

    8. Re:Nice try, Darl, but... by Rei · · Score: 4, Funny

      You wouldn't believe how many times they copied lines. They even used similar variables and function names, containing words like SCSI, interrupt, and other such terms.

      Now, if we do a statistical analysis, given 26 lower case characters, 26 upper case characters, 10 numbers, and the '_', along with 9 letters in 'interrupt', we come to the conclusion that the odds of repeating that exact term just *once* (let alone the many times like Linux does) are about 16,000,000,000,000,000,000 to 1. Linux has, quite obviously, been seriously ripping off UnixWare.

      --
      "/etc/rc.d/rc.sysinit is a gimp plugin and must be run by the gimp in order to be used."
    9. Re:Nice try, Darl, but... by Rei · · Score: 4, Funny

      Damn that "Linus" and his clever hippie-communist logic!

      --
      "/etc/rc.d/rc.sysinit is a gimp plugin and must be run by the gimp in order to be used."
    10. Re:Nice try, Darl, but... by 19thNervousBreakdown · · Score: 1

      Just a nitpick...

      In a loop like that, you'd probably want to use the prefix operator, that way you don't have to create a temporary. Maybe the complier could realize that you don't need the temporary and optimize it out, but there's no maybe if you use the prefix.

      --
      <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
    11. Re:Nice try, Darl, but... by ifdef · · Score: 1

      And the fact that it won't compile :-)

      "for (int i"? C won't let you declare a variable in that context. D'uh!

    12. Re:Nice try, Darl, but... by dgatwood · · Score: 1
      Yeah. Everybody knows that 'i' was supposed to be unsigned.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    13. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      How about the following fragments...

      #include
      or
      main()
      or
      return 0;

      Come to think of it, I wrote that code back in the '80's . Linux belongs to ME

    14. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      huh? maybe I'm just slow, but that doesn't make a lot of sense to me. example?

    15. Re:Nice try, Darl, but... by Haeleth · · Score: 2, Interesting
      "for (int i"? C won't let you declare a variable in that context. D'uh!

      Really? Let's try it!
      haeleth@cynewulf ~
      $ cat > test.c
      int main (void)
      {
      for (int i = 0; i < 10; ++i) {
      // do nothing
      }
      return 0;
      }

      haeleth@cynewulf ~
      $ gcc -Wall -pedantic -std=c99 test.c

      haeleth@cynewulf ~
      $
      Hmm, it compiled. And note the conspicuous absence of any errors or warnings whatsoever, which indicate that the code in question is 100% strict valid C in accordance with the current C standard (ISO C99).
    16. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      Just curious - Has your source ever heard of the "Preview" feature on Slashdot?

    17. Re:Nice try, Darl, but... by hurtta · · Score: 0

      I not need my head examined.

      Check again your C -grammar.

      In C you can not declare variable on

      for (int i = 0;
      ===

      that 'int' is illegal.

      It is valid on C++

    18. Re:Nice try, Darl, but... by hurtta · · Score: 1

      Hmm. Linux is unlikely to contain code which is based so new standard than ISO C99.

    19. Re:Nice try, Darl, but... by ifdef · · Score: 1

      Good point. This feature was added in C99. I guess I wasn't aware of it because none of the compilers that I use support it:

      "[c:\junk]cl junk.c
      Microsoft (R) 32-bit C/C++ Optimizing Compiler Version 12.00.8168 for 80x86
      Copyright (C) Microsoft Corp 1984-1998. All rights reserved.

      junk.c
      junk.c(3) : error C2143: syntax error : missing ';' before 'type'
      junk.c(3) : error C2143: syntax error : missing ';' before 'type'
      junk.c(3) : error C2143: syntax error : missing ')' before 'type'
      junk.c(3) : error C2143: syntax error : missing ';' before 'type'
      junk.c(3) : error C2065: 'i' : undeclared identifier
      junk.c(3) : warning C4552: [less than] : operator has no effect; expected operator with side-effect
      junk.c(3) : error C2059: syntax error : ')'
      junk.c(3) : error C2143: syntax error : missing ';' before '{'

      [c:\junk]tcc junk.c
      "junk.c", line 3: Serious error: C2291E: expression expected but found 'int'
      "junk.c", line 3: Serious error: C2282E: expected ';' - inserted before 'int'
      "junk.c", line 3: Serious error: C2291E: expression expected but found 'int'
      "junk.c", line 3: Serious error: C2282E: expected ';' - inserted before 'int'
      "junk.c", line 3: Serious error: C2291E: expression expected but found 'int'
      "junk.c", line 3: Serious error: C2282E: expected ')' - inserted before 'int'
      "junk.c", line 3: Serious error: C2304E: command expected but found 'int'
      "junk.c", line 3: Error: C2456E: undeclared name, inventing 'extern int i'
      "junk.c", line 3: Warning: C2917W: no side effect in void context: 'expr [less than] expr'
      "junk.c", line 3: Serious error: C2284E: expected ';' after command - inserted before ')'
      "junk.c", line 3: Serious error: C2304E: command expected but found ')'
      junk.c: 1 warning, 1 error, 9 serious errors"

      Sorry, slight editing was required to prevent less-than signs from looking like HTML.

    20. Re:Nice try, Darl, but... by shotfeel · · Score: 2

      ROTFLMAO !!

      Someone tosses in a "one liner" and the /. crowd goes nut with the correction and clarifications.

      Its like the uber-geek grammar police for code -and they travel in packs around here.

    21. Re:Nice try, Darl, but... by KinkyClown · · Score: 1
      They even found other lines of code that where exactly identical:
      // TODO: Fix this error

      ...

      // TODO: Need to log this to file

      ...

      // HACK: Please fix this!
    22. Re:Nice try, Darl, but... by sykjoke · · Score: 1

      for (int i = 0 ; i MAX_INT ; ++i)

    23. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      Wow I finally feel like I fit in here because I understand why that's funny. It's about damn time.

    24. Re:Nice try, Darl, but... by Fjornir · · Score: 1

      I sure hope you didn't pay very much for that degree...

      --
      I want a new world. I think this one is broken.
    25. Re:Nice try, Darl, but... by 64nDh1 · · Score: 1
      Angle brackets or less than signs have to be escaped in HTML. The code for open angle bracket is 'ampersand lt semicolon' and close angle bracket is 'ampersand gt semicolon'. This would be much better if I knew how to escape an ampersand, but oh well, or I could have just said "Shift-7" on most keyboard maps (I am unsure how common such maps are). So you can achieve the following line as an example:

      <a href="http://ftp.mozilla.org/pub/mozilla.org/mozil la/releases/mozilla1.2.1/mozilla-macos9-1.2.1-full .bin">Text here on getting Mozilla for Mac OS 8.5 and up</a>

    26. Re:Nice try, Darl, but... by Vengie · · Score: 1

      & -- ftw! ;)
      (I think you should google the larger class of objects known as "html entities")

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    27. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      wrong. Linux takes gcc to be the de-facto standard. Other compilers can go whistle. Intel were quite proud when icc managed to compile linux, actually.

    28. Re:Nice try, Darl, but... by 64nDh1 · · Score: 1
      Yeah, I sort of stopped any amateur interest I had in getting to know escaped characters after I hit a brick wall trying to get a Perl page to contain an angle bracket :-) I believe it's possible, but have absolutely no idea how to do it. (I had wanted the page, a profile.pl for another site, to contain instructions on how to post inline images with a <img src="www.foobar.com/foobar.jpg">)

      Testing &amp; & hopefully success.

      //will do that google soon, promise

    29. Re:Nice try, Darl, but... by multipartmixed · · Score: 1

      Only in C++. This behaviour isn't required in C, because constructors don't have side effects.

      A better nitpick would be to suggest the replacement of

      int done = 0;
      while (!done)
      {
      if (test_condition)
      done = 1;
      }

      with

      for (;;)
      {
      if (test_condition)
      break;
      } ...although done will probably be optimized out under reasonable conditions anyhow.

      --

      Do daemons dream of electric sleep()?
    30. Re:Nice try, Darl, but... by koh · · Score: 1

      Okay. I've seen so many people troubled by the prefix/postfix operators semantics that I'll try giving an explanation. Just remember that you owe me the karma points for "Offtopic" moderations ;)

      In C (and C++), the increment and decrement operators come in two flavors : postincrement (decrement) foo++ (foo--) and preincrement (decrement) ++foo (--foo).

      The difference between the two is that preincrement (decrement) means in machine code : increment (decrement) foo then evaluate, whereas postincrement (decrement) means : evaluate foo, then increment (decrement).

      It does not seem to be that important, and actually it isn't, especially with optimizing compilers, and especially in C.

      However, even in C, when translated to, say, 32-bit x86 machine code, the instructions are quite different.

      Assuming this simple loop :

      for (i = 666 ; i != 0 ; i--) ;

      With 'i' at adress [bar] and optimized as ECX, the x86 machine code generated for condition resolution may look like :

      MOV ECX, [bar]
      DEC [bar]
      OR ECX, ECX
      JZ end_loop

      But with the loop :

      for (i = 666 ; i != 0 ; --i) ;

      It becomes :

      DEC [bar]
      JZ end_loop

      or

      DEC ECX
      JZ end_loop

      if the loop if fully register-optimized.

      But in C++ the difference becomes obvious (and sometimes deadly) because of constructors and operator overloading.

      There is no way to guess machine code from C++ code like in C, but in pseudo-code, this may look like, depending on the type of 'i' (remember 'i' maybe a non-trivial STL iterator) :

      Let's say 'i' is of type 'baz' :

      for (i = 666 ; i != 0 ; --i) ;

      Condition resolution gives :

      - Call baz::operator --() on 'i',
      - Call baz::operator !=() on 'i' and '0' (this may be even trickier, but you get the picture),
      - End loop if previous result is true.

      Fair enough. But with the loop :

      for (i = 666 ; i != 0 ; i--) ;

      Since postdecrement means "evaluate, then decrement", condition resolution gives :

      - Find storage for temporary object 'quux' of type 'baz',
      - Call baz::operator --(int) on 'i',
      - operator --(int) usually creates a second temporary object 'fred' and calls copy constructor baz::baz(i) on 'fred',
      - Store result in 'quux', which usually means assignment operator baz::operator =(fred) is called on 'quux',
      - Call baz::operator !=() on 'quux' and '0' (with the same warning as before, namely operator bool(), operator void*(), etc., if 'baz' does not define 'operator !='),
      - End loop if previous result is true.

      Wow. Now you know why people always say C++ is made to shoot yourself in the foot.

      So, the conclusion is :
      - In C, with a reasonably good compiler, you do not have to care whether you use 'foo++' or '++foo'. Remember to always use '++foo' though, since you do not know if somebody, someday, would want to compile your code to an obsolete machine using a non-optimizing compiler ;)
      -In C++, always use preincrement (++foo). Always. Trust me. Especially when using STL iterators. Especially when you don't know your platform's standard library by heart (that is, always).

      (This message is sponsored by the "Why did they add a postincrement operator" movement :)

      --
      Karma cannot be described by words alone.
    31. Re:Nice try, Darl, but... by DA-MAN · · Score: 1

      I'm sure there are tons of lines that Linux and SCO have in common, maybe not whole lines but partials such as:

      /*
      */

      #include
      #def
      #ifdef

      --
      Can I get an eye poke?
      Dog House Forum
    32. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      When reading the original statement I did not think about the translation into assembly. Very interesting. Thanks for the reply.

    33. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      I agree. They really missed the point of the post (it was sarcasm) or they need a hobby. Personally, I thought "funny", not "SYNTAX ERR0RZ!!!111".

      What can you do...geeks will be geeks.

    34. Re:Nice try, Darl, but... by Jeremi · · Score: 1
      "We're finding...cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code."


      It's true, they did find this in many cases. But in each case, it was because both SCO and Linux were (legally) using code from the same third-party source.


      So it appears the problem is that Darl didn't recognize that code can come from places other than SCO.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    35. Re:Nice try, Darl, but... by mhifoe · · Score: 1

      A declaration in a for loop is valid in C99.

    36. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      > & -- ftw! ;)

      So let's see what &volt; escapes: <>
      Hmmm, nothing. What about &watt;? <>
      Nothing there, either. Fucking sucks that "amp" is the only common electrical term that can be used to escape anything (in HTML; I sometimes use volts (applied to my brain) to escape reality, but that's not the same thing).

      Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

      It's been 7 minutes since you last successfully posted a comment

      I've noticed that Slashdot has longer wait periods between posts if you use profanity than if you don't. Those censoring cocksucking mother-fucking cunt-sniffing ballsack-licking shit-eating piss-drinking cum-guzzling asshole cunt bastards.

      Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

      It's been 192384 minutes since you last successfully posted a comment

    37. Re:Nice try, Darl, but... by Anonymous Coward · · Score: 0

      the /. crowd goes nut with the correction and clarifications

      "nuts".

      Its like the uber-geek

      "It's".

      for code -and they

      "code - and", or, even better, "code -- and".

  3. Copy Right Violations by NastyNate · · Score: 4, Funny

    No Copyright violations for you to see here. Please move along.

  4. Well finally by Snatch422 · · Score: 0

    SCO has been an annoying thorn in the side of linux for long enough. I hope we dont have to hear from them anymore.

    1. Re:Well finally by MightyMartian · · Score: 4, Insightful

      I think the point now is that no one really views the case as any more than a sick joke. It probably had a venemous effect early on, but the fact is that SCO has kept changing the case, and that no concrete evidence for the claim has ever been provided. Outside of certain circles, SCO's crap doesn't even make into the legal and business sections of major media players any more. SCO long ago lost the PR battle, nobody believes them, and even less care about it. Decisions on going to Linux aren't being based on whether SCO IP might be lurking in the source, but on factors of affordability, cost of ownership, ease of administration, etc.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Well finally by stevesliva · · Score: 3, Interesting

      Except for Forbes. Forbes loves to intimate that Linux is doomed as often as possible, so that they get lots of page views from angry zealots. And CNET will of course report anything.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    3. Re:Well finally by Anonymous Coward · · Score: 1, Interesting

      Forbes once wrote a major article on 64 bit machines and claimed that a 64 bit machine could address 64! (yes, factorial) bytes of memory. In the same article, they called Unix a programming language. From the context it was clear that the author did not understand the difference between an os and a programming language. They don't have a very good understanding of technology.

  5. Not surprised... by It+doesn't+come+easy · · Score: 3, Funny

    Everything out of SCO has been inaccurate up to this point...

    --
    The NSA: The only part of the US government that actually listens.
    1. Re:Not surprised... by superpulpsicle · · Score: 4, Funny

      SCO engineer: I compared the codes they are different.

      SCO lawyer: You mean they are the same.

      SCO engineer: No, I mean they are different.

      SCO lawyer: You mean they are the same.

      (Repeat the above 4000 times)

      SCO engineer: Yes... they are the same master!

    2. Re:Not surprised... by Tackhead · · Score: 4, Funny
      > SCO engineer: I compared the codes they are different.
      > SCO lawyer: You mean they are the same.
      > SCO engineer: No, I mean they are different.
      > SCO lawyer: You mean they are the same.
      > (Repeat the above 4000 times)
      > SCO engineer: Yes... they are the same master!

      Linus: Different.
      Darl: Same.
      Linus: Different.
      Darl: Same!
      Linus: Same!
      Darl: Different!
      Judge: *slams gavel on Darl's beak* Case dismissed!

      Darl: [twisting his beak from his jaw to the front of his face] Let's run through that again.

      Linus: Same.
      Darl: DIFFERENT! SUE THE TUX! SUE THE TUX!
      Judge: *slams gavel on Darl's beak again*

      Darl: [picking his beak off the floor] You're... dethpicable.

    3. Re:Not surprised... by Anonymous Coward · · Score: 0

      This reminds me of the Simpsons episode where they are in Australia and Marge tries to order a coffee.

      Marge: I'll just have a cup of coffee.
      Bartender: Beer, it is.
      Marge: No, I said *coffee*
      Bartender: *Beer*?
      Marge: [slowly] Coff-ee.
      Bartender: Be-er?
      Marge: C -- O --
      Bartender: B -- E --

      Now replace coffee with "different" and beer with "same".

    4. Re:Not surprised... by iminplaya · · Score: 1

      Let me see your code
      You don't need to see the code
      We don't need to see the code
      This isn't the OS you're looking for
      This isn't the OS we're looking for
      We can go about our business
      You can go about your business
      Move along
      Move along...move along

      --
      What?
    5. Re:Not surprised... by freeweed · · Score: 1

      Palpatine: Kill him.

      Anakin: No.

      Palpatine: Kill him.

      Anakin: Ok.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    6. Re:Not surprised... by bleak+sky · · Score: 2, Informative

      Rabbit season!
      Duck season!

      I had almost forgotten that episode. Best ever...

  6. Deny mode. by theantipop · · Score: 5, Insightful

    Well of course they're going to say that. Did anyone expect them to say "Ah, yea you got us. We were bullshitting this whole time."?

  7. Clawing by mfloy · · Score: 1

    This is just them desperately trying to hold onto their useless lawsuits as long as possible. I'm sure it is not just one engineer, but rather nearly every employee who knows attacking linux is nothing more than a money grab.

  8. Avoiding Jail by drooling-dog · · Score: 5, Interesting

    Anybody else getting the feeling that these guys are just trying to stay out of jail now?

    1. Re:Avoiding Jail by Xiaran · · Score: 1

      I think so. I also have a question regarding this statment.

      This memo shows that Mr. Davidson's e-mail is referring to an investigation limited to literal copying, which is not the standard for copyright violations.

      Why were they investigating direct copys then? Surely doing a direct copy search is as easy as doing a diff on the source trees and going thru the results.

    2. Re:Avoiding Jail by drakaan · · Score: 2, Informative
      You know what, even *that* statement from them is bullshit. The e-mail itself says (cut-n-paste from Groklaw):

      "Bob worked on the project for (I think) 4 to 6 months during which time he looked at the Linux kernel, and a large number of libraries and utilities and compared them with several different vesrions of AT&T UNIX source code. (Most of this work was automated using tools which were designed to to fuzzy matching and ignore trivial differences in formatting and spelling)."

      Correct me if I'm wrong, but, fuzzy matching and ignoring trivial differences, etc doesn't sound like "an investigation limited to literal copying".

      Of course, they said it in the press, not in court, so they won't get in legal trouble for it.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    3. Re:Avoiding Jail by Anonymous Coward · · Score: 0

      they said it in the press, not in court, so they won't get in legal trouble for it.

      Guess again.

      IIRC the judge told them they were not to discuss the specifics of the case with the media.

      Whoops!

    4. Re:Avoiding Jail by arkanes · · Score: 3, Informative
      The PDF of the memo, which spells out the methodology in some detail, specifically says that he's looking for exact and near-exact textual matches. It's possible that the the email author mis-remembered, or that further studies/analysis were done between the memo and the email (3 years, remember), but Stowells statement is not an out and out lie (he's characterising the memo, not the email).

      Which is not to say that the memo is worth a shit anyway, since whatever the results were they were discared in later analysis, as the email demonstrates, and in any case analysis by far more qualified people (like Brian Khernigan) has come up empty as well.

    5. Re:Avoiding Jail by Anonymous Coward · · Score: 0
      "Anybody else getting the feeling that these guys are just trying to stay out of jail now?"

      I'm not familiar with American law, but if (as seems likely) it turns out that McBride's statements are blatantly false, won't he be liable for prosecution under SEC rules for misleading investors?

    6. Re:Avoiding Jail by drakaan · · Score: 1
      I guess that one of the most important bits in that 1999 e-mail is the third from the last:

      "One of the questions which remains to be answered is what is the history of the identical code. It is possible that some of the code came from Berkeley or other third party. It is also possible that the code is exempted by the BSDI/Berkeley settlement. Additionally there are a number of other legal issues. I am awaiting an analysis from Mike Davidson on some of these issues, since he has a better feel for the history of much of this code."

      Apparently, over the course of the next three years, it became obvious that there was *nothing* identifiable as copying from code that SCO owned into Linux...which is why SCO is now changing its tune and digging for contributions from AIX, which they have no obvious right to object to that they've been able to prove.

      What bugs me about this is that Groklaw lets people know "there's an email that says SCO dug before and found no evidence of copying at all" (which is what the e-mail does, actually say).

      Next, SCO issues a release of a memo from 3 years prior to that, which they had never mentioned before (for obvious reasons...they hadn't unsealed the e-mail before now, so they didn't need to show their flimsy counter-evidence), that says "well, way back before he came to a final conclusion, he said there was obvious copying".

      Good thing Darl doesn't have a time machine...

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  9. 1999 invesitagtion trumps 2002 conclusion? by gsfprez · · Score: 5, Funny

    how the fcsk can it be than a 1999 investigation's initial findings, the Swartz investigation, show up "possible problems" and then in 2002, with Reg and Co examining the output of the 1999 investigation in 2002 and deeming that all the "problems" found in 1999 were actually NOT problems...such as legal use of BSD code, etc...

    but the initial 1999 look trumps the more thorough 200*BANG*

    my mind just exploded.

    i hate this case.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:1999 invesitagtion trumps 2002 conclusion? by Ronald+Dumsfeld · · Score: 1
      but the initial 1999 look trumps the more thorough 200*BANG*
      I would like to draw to the judge's attention this disturbing accident that has been published on the Internets. Here is a clear demonstration that the tripe flowing from the mouth of Mr McBride is hazardous to human health. This poor geek had his head explode. I move that Mr McBride's mouth be surgically sealed to prevent the escape of further hazardous gibberish.

      Seriously, the first investigation was a, "hey! this looks like our stuff, they musta stole it". That's what you get when you ask a bunch of people with acute angled hair. Darl fits in that category perfectly, he believes the guys from the golf course instead of the guy from the computer lab.

      For once, I'm glad the US prisons are stereotyped as nasty, brutal places. I hope he is getting scared.
      --
      Where's the Kaboom?
      There's supposed to be an Earth-shattering Kaboom.
    2. Re:1999 invesitagtion trumps 2002 conclusion? by Sam+Nitzberg · · Score: 1

      Quantum instability???

  10. Re:Denial. Brilliant! by bogaboga · · Score: 0, Offtopic

    Couldn't agree more. After all even our own president (Bush of USA) also "lies" even over things that are obvious - think the IRAQ war. The other boss of ENRON also lied...so did former president Clinton, Bill Gates. They all lie in this land of "freedom!"

  11. Noooooo dig UP stupid!! by bazmail · · Score: 1, Insightful

    The SCO spin machine used to be slick, now it just makes me laugh. The quote from the original email was quite explicit.

    I can't wait to see groklaws response.

  12. This is the culture of leadership these days? by team99parody · · Score: 0, Offtopic
    One other fine example of twisting the truth the way SCO like to do it is to point out that 'Karl Rove's lawyer accepted 45 gold bars worth $505,125 from a South American drug cartel.'

    Seems the guys in the last SCO article had a point. When the Bush administration leads by example with it's Neo-Morality business leaders follow.

    1. Re:This is the culture of leadership these days? by Anonymous Coward · · Score: 0

      I hate Bush and his boys as much as anybody, but can we get a couple mods to call this guy the troll he is, please?

    2. Re:This is the culture of leadership these days? by Anonymous Coward · · Score: 0
      Thank you for finally noticing that this is a troll account. Much to my surprise, practically all my other postings got modded up; despite the name of the account even mentioning that it's a troll account parodying Microsoft's Team99 astroturf campaign.

      A tip for the trolls trying to build up karma in a troll account --- just make sure you start of with a bunch of anti-microsoft trolls -- they'll get modded up!.

      (yes, I am the grandparent poster; but saving my karma so posting AC now)

    3. Re:This is the culture of leadership these days? by pete6677 · · Score: 2, Insightful

      We're not in 5th grade anymore. CEOs don't decide to commit fraud based on what the president is doing. They decide to commit fraud because of some or all of the following reasons: they have no morals, they don't think they'll get caught, they see an easy opportunity for huge profits, their victim might not fight back. I don't think any CEO waits to see what Bush is going to do before deciding whether to start a stock scam. Although I'm no fan of Bush, it is worth pointing out that the feds are prosecuting white collar crime more aggressively now than a few years ago.

  13. Come on... by fandog · · Score: 1

    Now they're just sounding desperate.

  14. Scrambling... by Phs2501 · · Score: 4, Interesting
    I love the sweet smell of desperation. From the letter in question (strong tag mine):
    Bob worked on the project for (I think) 4 to 6 months during which time he looked at the Linux kernel, and a large number of libraries and utilities and compared them with several different vesrions of AT&T UNIX source code. (Most of this work was automated using tools which were designed to to fuzzy matching and ignore trivial differences in formatting and spelling)

    At the end, we had found absolutely *nothing*. ie no evidence of any copyright infringement whatsoever.

  15. Waiting patiently for the headline... by sesshomaru · · Score: 1

    "IBM Officially Kills SCO."

    --
    "MIT betrayed all of its basic principles."
    1. Re:Waiting patiently for the headline... by Anonymous Coward · · Score: 0

      I'm waiting for "IBM and SCO fight to death in steel cage".

    2. Re:Waiting patiently for the headline... by Locke2005 · · Score: 1

      That would be classified as a mercy killing, wouldn't it? Come on, just put them out of their misery...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:Waiting patiently for the headline... by Skye16 · · Score: 1

      Why? They deserve their agony.

    4. Re:Waiting patiently for the headline... by shotfeel · · Score: 1

      You'll never see it.

      SCO is so busy shooting itself, the dust doen't clear long enough for IBM to get a shot in!

  16. Example by Anonymous Coward · · Score: 2, Funny

    Here is an example of code that was STOLEN directly from the Unix code...

    int var1;

    And here's one they blatantly obfuscated:

    Original:
    int var1;
    var1 = 0;

    Obfuscated:
    int var_1 = 0;

    HOW DARE THEY!

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

      Careful!! You are giving SCO a case!!

    2. Re:Example by Anonymous Coward · · Score: 0

      Don't forget these lines

      {

      and

      }

      oh yeah, and these ones:

      {

      and

      }

      This one's a little hard to identify, but rest assured, it was copied directly from SCO code!

      int i;

  17. Have your cake by dysk · · Score: 5, Informative
    From http://www.groklaw.net/article.php?story=200310102 23050711

    Question: Isn't it possible that someone was just inspired by work they'd done for other companies? Isn't that reasonable?

    Darl(21:50): It's reasonable, except when the comment codes are the same, the humor lines in the comment code are the same, and the typos in the comment code are the same, then you start getting beyond... Ya know, it was kind of like, I learned this one day at school ... It becomes more of the... Those, to me, are really the DNA of the code here.

  18. Is by paimin · · Score: 4, Funny

    It depends on what your definition of "is" is.

    --
    Facebook is the new AOL
    1. Re:Is by Anonymous Coward · · Score: 0

      Yeah. All Clinton did was commit contempt of court, which only represents an illegal and direct attack on the judiciary by the highest member of the federal executive branch.

      Bush, on the other hand, chose to err on the side of caution when dealing what he (perhaps wrongly) perceived to be a grave "gathering threat" to our national security, and draged us into a war which Sean Penn and Michael Moore say we never really needed to be in.

      That's way worse.

      Now give me those sweet, sweet Bush-bashing "Insightful" mods.

    2. Re:Is by Luke-Jr · · Score: 1

      Bush may be bad, but I'm not sure he's significantly worse...

      --
      Luke-Jr
    3. Re:Is by Anonymous Coward · · Score: 0

      All Clinton did was commit contempt of court

      When?

      He asked the judge what the definition of "sexual relations" was, and was told "intercourse."

      No perjury.

      Of course, how him getting a BJ affects how he does his job is entirely irrelevant, right?

    4. Re:Is by jbolden · · Score: 1

      Clinton's case was before the Arkansas court not the Federal court and at the time of the case he was not employeed in anyway by the state of Arkansas. As for Bush he lied to congress about the reports he was getting from his intellegence agents and then when the agents went public to try and refute his lies he attacked them personally. How using your standard is that not an "attack on the contress by the highest member of the federal executive branch".

      One was a lie about a blowjob involving a court which the president had no jurisdiction over another an attack on his own employees so as to mislead congress.

  19. But... by venicebeach · · Score: 4, Informative

    The email itself says that the investigation looked for more than literal copying. From the email:

    Bob worked on the project for (I think) 4 to 6 months during which time he looked at the Linux kernel, and a large number of libraries and utilities and compared them with several different vesrions of AT&T UNIX source code. (Most of this work was automated using tools which were designed to to fuzzy matching and ignore trivial differences in formatting and spelling)

  20. The difference. by Anonymous Coward · · Score: 0

    echo Hello World
    vs.
    echo "Error: 123456 Stack page overwrite error."

    See, it's not exact copying, but it is obviously a copyright violation.

  21. but Darl said there was literal copying! by crimethinker · · Score: 4, Interesting
    So if Darl says that the 2002 memo only cleared linux of "literal" copying and didn't find deliberate obfuscation, how does he justify the "entire sections of code verbatim" remarks he made to the press?

    I smell a shareholder lawsuit, an SEC investigation, and hopefully, a Sarbanes-Oxley smackdown of such grand proportions as to make Bernie Ebbers look like a slap on the wrist.

    -paul

    --
    Pistol caliber is like religion: everyone has their favourite, and theirs is the only right choice.
    1. Re:but Darl said there was literal copying! by CyricZ · · Score: 4, Insightful

      Bernie Ebbers orchestrated an $11 billion fraud. While McBride has bumfucked some people over, that is for sure, it is nowhere near the scale of what Ebbers had done. What makes you think that McBride will receive a punishment that will make what Ebbers got "look like a slap on the wrist"?

      --
      Cyric Zndovzny at your service.
    2. Re:but Darl said there was literal copying! by saddino · · Score: 1

      Mod parent up.

      SCO's damage control is getting sloppy. The "literal copying" accusations were their biggest media grabs, and per this email, SCO was knowingly misleading their shareholders, the government and the media.

      The only "delibirate obfuscation" can be found in SCO's pathetic and hysterical finger pointing, the trails of which form not only a rat's nest of weak arguments but - thanks to this email - apparently also the knot in the noose around their necks.

    3. Re:but Darl said there was literal copying! by Anonymous Coward · · Score: 0
      While McBride has bumfucked some people

      swapping "some people" with "McBride" using the above string would make me very happy (coupled with some time in the gulag)...

    4. Re:but Darl said there was literal copying! by gstoddart · · Score: 1
      Bernie Ebbers orchestrated an $11 billion fraud. While McBride has bumfucked some people over, that is for sure, it is nowhere near the scale of what Ebbers had done. What makes you think that McBride will receive a punishment that will make what Ebbers got "look like a slap on the wrist"?

      You're right. It probably won't. But I think that sentiment is rooted in the hope that the courts will rule this was a completely frivolous action and therefore deserving of a decent knuckle-rap.

      They are, after all, engaging several companies in court actions, and if one gets found to be spurious legal action, the others will probably use that ruling to have their cases dismissed.
      --
      Lost at C:>. Found at C.
    5. Re:but Darl said there was literal copying! by ignipotentis · · Score: 1

      What makes you think that McBride will receive a punishment that will make what Ebbers got "look like a slap on the wrist?"

      Three Letters

      I.B.M.

      --
      Don't waste time... procrastinate now!
    6. Re:but Darl said there was literal copying! by ebrandsberg · · Score: 2, Insightful

      To be honest, the scale of the deception shouldn't always be the guide, but the nature of the deception. From what I gather, internal bookkeeping was almost an accepted practice by many of these companies, but bring a lawsuite against not one, not two but three companies in an attempt to extort buyout cash is not only a breach of their responsibility to the share holders, but an outright misuse of the judicial system. That, IMHO, is the biggest thing they did and for that they should be slapped from here to the far side of the moon (and forced to pay for the trip).

    7. Re:but Darl said there was literal copying! by rob_squared · · Score: 0

      Money has its value and it goes up and down, but anal virginity is priceless.

      --
      I don't get it.
    8. Re:but Darl said there was literal copying! by Perky_Goth · · Score: 1

      because McBride is a noone, while Ebbers still is a powerfull man.
      anyway, the comment is probably only because it's closer to him then the other one (is it worldcom or enron?), not necessarily because of any rational thought.

    9. Re:but Darl said there was literal copying! by KwKSilver · · Score: 1

      You must be dreaming. One of Daryl's lawyers is Bret Hatch. Bret Hatch is Orrin Hatch's son. Orrin Hatch is a U.S. senator from Utah. Darlie et al. could be clubbing old ladies for their Social Security checks in broad daylight. Nothing will happen. Zero, zilch, nada, nichts, nil. Orrin and Billy will take protect their spawn.

      --
      If you want your life to be different, live it differently.
    10. Re:but Darl said there was literal copying! by Anonymous Coward · · Score: 0

      If McBride was sent to prison for 2 to 5, and got
      porked evry night by a horny penguin -- that might
      make the punishment Ebbers got "look like a slap
      on the wrist".

      Anyway, true justice only happened in Charles
      Bronson's "Deathwish" series of movies ...

    11. Re:but Darl said there was literal copying! by Daniel+Phillips · · Score: 1

      I think that sentiment is rooted in the hope that the courts will rule this was a completely frivolous action and therefore deserving of a decent knuckle-rap.

      Why is it not stock fraud?

      --
      Have you got your LWN subscription yet?
  22. Huh? by Digital+Vomit · · Score: 1
    "This memo shows that Mr. Davidson's e-mail is referring to an investigation limited to literal copying, which is not the standard for copyright violations, and which can be avoided by deliberate obfuscation, as the memo itself points out..."

    Darl McBride went on to comment that he will also pursue copyright violations in which other documents have touched documents containing SCO code.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  23. SCO's problem by It+doesn't+come+easy · · Score: 5, Funny

    However, SCO said in a statement this afternoon, "it would simply be inaccurate - and misleading -- to use Mr Davidson's e-mail to suggest that SCO's internal investigation revealed no problems."

    Problem number 1: Linux doesn't contain any of SCO's intellectual property.

    --
    The NSA: The only part of the US government that actually listens.
  24. Go to the source by wfs2mail.com · · Score: 5, Insightful

    Does anyone know who Mr. Davidson is? Has anyone tried contacting him re: this email?

  25. A SCO developer running Windows 98? by CyricZ · · Score: 3, Interesting

    I still find it very interesting that the SCO developer in question sent the email from a computer running Windows 98.

    It contains the email header "X-Mailer: Mozilla 4.6 [en] (Win98; I)".

    Now, it would make sense for secretaries and perhaps other execs to be using Windows 98, but not one of their UNIX and Linux developers. Even if he wasn't using UnixWare or OpenServer as his workstation OS, he should very well have been using OpenLinux.

    And remember, the email was sent in 2002. This is well after the release of Windows 2000. Even the use of Windows 2000 or Windows NT would be somewhat understandable. But Windows 98? That strikes me as very unsual.

    --
    Cyric Zndovzny at your service.
    1. Re:A SCO developer running Windows 98? by ratboy666 · · Score: 4, Informative

      Why is that strange?

      I am a Solaris/AIX/HPUX/Linux developer, and I have two (2) machines at home running Windows 98SE.

      Works fine, never had the need to upgrade or change it out.

      So, if you get an email from me, it will either be from one of a myriad of Unix boxes, or Windows 98.

      Ratboy

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    2. Re:A SCO developer running Windows 98? by MrHanky · · Score: 4, Funny

      I find it more interesting that you still find it interesting after all the insightful discussion you generated with basically the same comment in the last SCO discussion.

    3. Re:A SCO developer running Windows 98? by Anonymous Coward · · Score: 0

      The e-mail in question was from a consultant and not necessarily the person who was doing the testing himself. I don't know about you but most consultants I have delt with tend to be rather technically challenged. It would not surprise me that a consultant was still running win98 in 2002 or even still to this day.

    4. Re:A SCO developer running Windows 98? by CyricZ · · Score: 0

      Do/Did you develop the Solaris, AIX, HP-UX and Linux kernels themselves professionally, for Sun, IBM and HP?

      Sure, I'd expect any random multiplatform developer such as yourself to be using a combination of systems. I would not expect a UNIX and Linux programmer at an operating systems company such as SCO to use a Windows 98 machine while internally discussing matters having to do with SCO's UNIX operating system and its relation to Linux.

      --
      Cyric Zndovzny at your service.
    5. Re:A SCO developer running Windows 98? by CyricZ · · Score: 2, Informative

      No, the email in question was clearly from Michael Davidson, and not from some consultant. Below are the headers, so you can see for yourself.

      Date: Tue, 13 Aug 2002 13:26:51 -0700
      From: Michael Davidson
      Organization: Caldera International
      X-Mailer: Mozilla 4.6 [en] (Win98; I)
      X-Accept-Language: en
      To: Reg Broughton
      Subject: Re: Patents and IP Investigation
      [1]

      Again, Mr. Davidson was a SCO engineer, not a consultant.

      In the Aug. 13, 2002, e-mail, engineer Michael Davidson said "At the end, we had found absolutely nothing ie (sic) no evidence of any copyright infringement whatsoever."
      [2]

      References:
      [1] http://www.groklaw.net/article.php?story=200507141 44923365
      [2] http://news.zdnet.com/2100-3513_22-5789132.html

      --
      Cyric Zndovzny at your service.
    6. Re:A SCO developer running Windows 98? by the_maddman · · Score: 1

      That's because he couldn't afford to buy the optional TCP/IP stack for the SCO box after buying the Compiler. (Shudders in memory of working on a SCO/MS Xenix box that had nothing but RS-232 "networking")

    7. Re:A SCO developer running Windows 98? by Essef · · Score: 1, Interesting

      I'm sorry, but either your lying or you need to find a new job. I know *NO* self-professed programmers who would tolerate a non-NT version of Windows on their computers.

    8. Re:A SCO developer running Windows 98? by ratboy666 · · Score: 1

      Well --

      I was a Staff Engineer at SUN, and why, thanks for asking, I *do* have stuff in the Solaris Kernel.

      Ratboy.

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    9. Re:A SCO developer running Windows 98? by JamesTRexx · · Score: 1

      He just didn't want to fork over the $699 for a Linux license if Darl saw the header.

      --
      home
    10. Re:A SCO developer running Windows 98? by m50d · · Score: 1

      It's not unusual. Anyone with sense doesn't bother to upgrade to new versions of windows, it's not like they're any better.

      --
      I am trolling
    11. Re:A SCO developer running Windows 98? by CyricZ · · Score: 1

      Were engineers such as yourself using DOS or Windows internally at Sun while you were partaking in such Solaris kernel development?

      --
      Cyric Zndovzny at your service.
    12. Re:A SCO developer running Windows 98? by Anonymous Coward · · Score: 0

      or.... your Win98 boxen could happily be chugging out bunches of emails daily... you know, things about V|4GRA and you.ng hot t.eens and the like...

    13. Re:A SCO developer running Windows 98? by Dr.+Evil · · Score: 1

      In 2002, it was the ultimate video game platform.

    14. Re:A SCO developer running Windows 98? by Anonymous Coward · · Score: 0

      Recycle, reuse.

      Environmentally friendly posting on Slashdot. If it's good enough for Slashdot editors...

    15. Re:A SCO developer running Windows 98? by Anonymous Coward · · Score: 0
      I know *NO* self-professed programmers who would tolerate a non-NT version of Windows on their computers.

      Fascinating. Can you cite a reference to substantiate that statement?

    16. Re:A SCO developer running Windows 98? by CyricZ · · Score: 1

      And SCO is/was not a video game developer. They were a PC operating systems developer, using the PC operating system developed by a rival, rather than their own system, for their everyday business tasks.

      --
      Cyric Zndovzny at your service.
    17. Re:A SCO developer running Windows 98? by CyricZ · · Score: 1

      The fact that SCO, an PC operating systems developer, was using a PC operating system from a rival developer for their daily business tasks is the very unusual part. The fact that they were using Windows 98, rather than a more developer-friendly and stable Windows NT-based system, is only secondary.

      --
      Cyric Zndovzny at your service.
    18. Re:A SCO developer running Windows 98? by CyricZ · · Score: 1

      You are correct. It still is a very interesting fact that SCO engineers are using the PC operating system software of a direct competitior to their PC operating system software for their internal operations.

      --
      Cyric Zndovzny at your service.
  26. Tricky Linux programmers by kawika · · Score: 5, Funny

    Yes, SCO has found cases where their copyrighted code was stolen and then cleverly obfuscated by completely changing the variable names, comments, data structures and algorithms! But clearly it must have been stolen since it performs a similar function.

    1. Re:Tricky Linux programmers by Iriel · · Score: 1

      The sad truth of that statement is that it seems like that what SCO's actually using as 'evidence'.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    2. Re:Tricky Linux programmers by rhizome · · Score: 1

      clearly it must have been stolen since it performs a similar function.

      I've speculated for a long time that they're attempting a "look and feel" landgrab.

      --
      When I was a kid, we only had one Darth.
    3. Re:Tricky Linux programmers by A.K.A_Magnet · · Score: 1

      Yes and the rapid rise of Linux and the fall of UNIX can only be the result of a pact with the Devil, signed by Linus Torvalds in 91 (poor FSF, they never understood why Hurd is so stuck.. well, Satan is behind it).

      Hear, hear! Linux is a pure product of evil designed to ruin the magnificent Microsoft and old UNIX companies.

      Wanna proof? Check this. The ascii sum of all characters in all Linux' source code, modulo 666 is equal to 666! Works for every version ever released!

      Now let's burn all them so called Linux developpers (aka devil followers) for heresy! Forget the $699 SCO licence, LINUX IS EVIL.

      Now don't you think inquisition FUDs were better? SCO must miss those good days. No need for justice, only for a trial (aka the stake)

    4. Re:Tricky Linux programmers by Anonymous Coward · · Score: 1, Informative


      Wanna proof? Check this. The ascii sum of all characters in all Linux' source code, modulo 666 is equal to 666! Works for every version ever released!

      Go back to math class. A number mod 666 can never equal 666

    5. Re:Tricky Linux programmers by Locke2005 · · Score: 1

      Really?!? Well, if he was wrong about that, then maybe he might be wrong about Linux being the work of the Devil too!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    6. Re:Tricky Linux programmers by A.K.A_Magnet · · Score: 1

      Damn.. You mean, 666%666 would be equal to 0? Fortunately you're here to teach me maths! Thanks AC, you saved my day.

      .... (and fortunately others understood it was part of the joke).

    7. Re:Tricky Linux programmers by AvitarX · · Score: 1

      Clearly the fact that it does in this case is more evidence of the devil at work.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    8. Re:Tricky Linux programmers by Atzanteol · · Score: 1

      Yes, 666 % 666 would be 0.... Or are you being sarchastic somehow?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    9. Re:Tricky Linux programmers by Hope+Thelps · · Score: 1

      Go back to math class. A number mod 666 can never equal 666

      Okay, but that test only considers whether it's literally 666. The value may have been obfuscated.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    10. Re:Tricky Linux programmers by A.K.A_Magnet · · Score: 1

      Yes, 666 % 666 would be 0.... [google.com] Or are you being sarchastic somehow?

      Me? Not anyhow! :>

  27. Deliberate obfuscation by Anonymous Coward · · Score: 0

    Of which Darl and SCO are the current grandmasters.

  28. Re:tired by Anonymous Coward · · Score: 0

    Insensitive Clod! What about those of us who use Internet Explorer?

  29. World history needs to be rewritten by Ur@eus · · Score: 1, Redundant

    The SCO gang should become history books writers. They would change the way we look at the history of the world. I mean Blake Stowell take on modern history would be likely to be stating something like 'Our research have found this statement from 1929 from Adolf Hitler stating that he liked Jews, this earlier statement of course invalidates everything that happened afterwards and shows that Hitler have been deeply misrepresented as a proponent for anti-semitism.'

    1. Re:World history needs to be rewritten by mboos · · Score: 1

      Careful. You are treading on Goodwin's Law.

      --
      --Mike Boos
    2. Re:World history needs to be rewritten by Anonymous Coward · · Score: 0

      Thread over, he loses...no treading about it
      http://en.wikipedia.org/wiki/Godwin's_law

    3. Re:World history needs to be rewritten by GSloop · · Score: 1

      Yo, buckwheat. You actually read that wiki article you referenced?

      Apparently not.

      Summary:
      Goodwin's law simply states that the longer a thread goes on, the likelihood of a comparison to Hitler/Nazi's reaches 1. It (the "law" itself has nothing to do with ending the thread or losing the argument.)

      Frankly, IMHO, it's a reasonable comparison given the vast "rewrite" of history SCO is attempting.

      Cheers,
      Greg

    4. Re:World history needs to be rewritten by homer_s · · Score: 1

      They would change the way we look at the history of the world. I mean Blake Stowell take on modern history would be likely to be stating something like 'Our research have found this statement from 1929 from Adolf Hitler stating that he liked Jews, this earlier statement of course invalidates everything that happened afterwards and shows that Hitler have been deeply misrepresented as a proponent for anti-semitism.'

      That is what you (we) would be reading if Hitler had actually won. I mean, you don't read that the British engineered famines in India and gassed people in Sudan and Iraq do you?

      History is written by the winners.

  30. Re:Denial. Brilliant! by eln · · Score: 5, Informative

    Yes, they all lie, and the reason is because it works. Those of us who follow this case, or who take what people in these positions say with a grain of salt and do our own research are not usually fooled by such things, but the majority of people are. Most people are content to trust people in power rather than questioning them.

    It's unfortunate that the idea of questioning powerful people has become taboo in our culture, as it gives those people that much more power to do whatever they please. The only way to keep power in check is for the relatively powerless to continually question it.

  31. Liar Liar by UnrefinedLayman · · Score: 4, Funny

    Haven't I seen this before?

    "Your honor, I object!"

    "And why is that, Mr. Reede?"

    "Because it's devastating to my case!"

    "Overruled."

    "Good call!"

    1. Re:Liar Liar by Anonymous Coward · · Score: 2, Funny

      Lt. Weinberg: "'I strenuously object?' Is that how it's done? Hm? 'Objection, your Honor.' 'Overruled.' 'No, no. I STRENUOUSLY object.' 'Oh. You strenuously object. Then I'll take some time and reconsider.'"

  32. Current events, calendar. by Anonymous Coward · · Score: 5, Informative
    Current events:
    • SCOvIBM: In the wake of the recent opinion issued by Judge Kimball, fact discovery will continue until 27 Jan 2006, and the parties must disclose with specificity all "allegedly infringing materials" by 22 Dec 2005. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the privilege log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.

    • SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.

    • RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on related actions in which SCO is involved. The next update is due approximately 28 Sept 2005.

    • SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is expected around 17 July 2005.

    Pending/Recently decided motions:

    • SCOvIBM:
      • SCO's Renewed Motion to Compel Discovery - fully briefed, awaiting hearing date.
      • [Motion] [Memo - sealed] [Opposition - sealed] [Reply - sealed]

    SCOvNovell:

    RedHatvSCO:

    SCOvAutoZone:

    Please note that I've started construction of a motio

  33. Re:tired by NiteHaqr · · Score: 0, Troll

    Why not go fsck yourself.

    If its worth writing, do it in plain text rather than being a twat

  34. of course they have by suezz · · Score: 1

    to deny it - they want to avoid jail time when this is over

  35. The beauty of the GPL by RealProgrammer · · Score: 4, Interesting

    I'm not a GNU fanboy, but the GPL works wonderfully.

    You see, SCO shipped Linux for years. They did so, knowingly, under the GPL. The GPL was their license.

    They claimed that they stopped shipping Linux as soon as they could when they realized that IBM was "dumping UNIX code into Linux". That's hogwash, but that's not my point.

    The point is that now, when they claim there were pre-IBM copyright violations, they are caught by the GPL. They shipped all that code included in Linux and other supporting programs under the GPL.

    If they believed there was SCO code hidden in Linux, shipping under the GPL means they approved of it.

    --
    sigs, as if you care.
    1. Re:The beauty of the GPL by Anonymous Coward · · Score: 0

      how do we know that SCO didnt put Linux code in to their SCO-UNIX??? and just think it was the other way around...

    2. Re:The beauty of the GPL by gvc · · Score: 2, Funny

      Darl's response to this one is a story about a pregnant cow. It makes no sense, but it is Darl's answer. I'll paraphrase:

      If A sells B a pregnant cow, and neither is aware of the pregnancy, who owns the calf?

    3. Re:The beauty of the GPL by RealProgrammer · · Score: 1

      You're right. Like much of what Darl says, it makes no sense.

      --
      sigs, as if you care.
    4. Re:The beauty of the GPL by Shadow+Wrought · · Score: 4, Funny
      If A sells B a pregnant cow, and neither is aware of the pregnancy, who owns the calf?

      Chewbacca.
      Let the Wookie win.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  36. Re:Denial. Brilliant! by CaptainZapp · · Score: 5, Funny
    Corporate America feels like a childish game of "You go home.... no you go home..... No you go home.... No"

    Actually it reminds me more of the small, obnoxious kid at the sandbox, which sticks his fingers into his ears and yells I CAN'T HEAR YOU! I CAN'T HEAR YOU! on the top of his lungs.

    What a sorry bunch of wankers...

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  37. Re:tired by NiteHaqr · · Score: 1

    Use of deliberate typo in previous reply to avoid profanity filters was deliberate - this disclaimer added to stop the - "but fsck in that context is not plain text either" replies

  38. Re:Denial. Brilliant! by daniel23 · · Score: 1


    He is well beyond the point where that sort of statement could help his standing / hurt Linux in any way, even in the press. There is an old rule that you cant really trust a controversial news item until it has been honoured with a dementi. Ok, confirmation.
    However, I wonder if that email might lead to another front in the SCO litigation labyrinth since it might be used to argue that SCOs going to court was frivoluos from the very beginning. /. crowd said so all the time but convincing yourself is still another thing than convincing a court. But with memos like that - wouldn't surprise me if we find it quoted in one of the next IBM motions.

    --
    605413? Yes, it's a prime.
  39. Re:tired by roman_mir · · Score: 0

    because, my gentile man, it may or may not be appropriate to write certain things in open text. those who care will bother to read it.

    Thank you.

    Oh, and by the way, to the moderators: the GP is definitely not off-topic.

  40. SCO IP website has a Swartz memo with IP copying by Anonymous Coward · · Score: 2, Interesting
    The SCO IP website has made a Swartz memo available here: Which seems to be entirely different and gives concrete information on similarities and copied code. I haven't verified the conclusions but this is what SCO is now making public to confuse people.
  41. Paging the Iraqui ex-Information Minister! by Peter+Simpson · · Score: 5, Funny

    Your "denial in the face of overwhelming evidence to the contratry" skills are needed in Utah!

    1. Re:Paging the Iraqui ex-Information Minister! by Ronald+Dumsfeld · · Score: 1

      Next time you post a comment like that, put up an affiliate link for selling keyboards.

      --
      Where's the Kaboom?
      There's supposed to be an Earth-shattering Kaboom.
    2. Re:Paging the Iraqui ex-Information Minister! by Anonymous Coward · · Score: 2, Insightful

      Actually, with respect WMD, the Bush administration was more like SCO "We have secret evidence that you have IP/WMD that you shouldn't have." while the Iraqi information minister was more like Groklaw "No, in fact, we don't."

      Once the USA invaded Iraq then the Iraqi information minister's job was to hinder the US military by feeding them false information. He was amazingly good at his job. He made the Bush administration think that Iraq's strategy was a direct fight to the death rather than a prolonged insurgency - sort of like how Gandalf distracted Sauron from the real threat toward the end of LOTR "Our army will fight and utterly destroy the armies of Sauron/Bush!"

    3. Re:Paging the Iraqui ex-Information Minister! by Anonymous Coward · · Score: 0

      Actually, with respect WMD, the Bush administration was more like SCO "We have secret evidence that you have IP/WMD that you shouldn't have." while the Iraqi information minister was more like Groklaw "No, in fact, we don't."

      What a shame they didn't actually cooperate openly with weapons inspectors unlike other countries do (to inlcude the US).

      Once the USA invaded Iraq then the Iraqi information minister's job was to hinder the US military by feeding them false information. He was amazingly good at his job. He made the Bush administration think that Iraq's strategy was a direct fight to the death rather than a prolonged insurgency - sort of like how Gandalf distracted Sauron from the real threat toward the end of LOTR "Our army will fight and utterly destroy the armies of Sauron/Bush!"

      No - his job was to convince the poor slobs put on the front lines to stay on the front lines. That, and kick in a bit of racial pride from other Arabic peoples in the region (enter the "crusader" foolishness).
    4. Re:Paging the Iraqui ex-Information Minister! by Anonymous Coward · · Score: 0
      What a shame they didn't actually cooperate openly with weapons inspectors unlike other countries do (to inlcude the US).

      Whoa, that seriously misleading.

      The Iraqis did have periods where they were uncooperative, but towards the end they were certainly cooperating with the UN weapons inspectors.

      The US basically setup the Iraqis to fail. If they found WMD, invade; if not, the Iraqis weren't cooperating and so invade anyway.

      Why couldn't the UN have had a few more months to continue searching? Hey, we're years down the track and still no WMDs have been found -- and US 0wnz the country. Which basically means that the US setup both the Iraqi and the UN to fail. Nothing they could possibly do could have avoided a war.

  42. OMGWTFBBQ by aws4y · · Score: 5, Interesting
    I just read the Fscking email and it says the opposite of what Stowell said. The email states directly that this entire scheme was concoted because executives cannot understand that simpling because two things work the same way it dosent mean that one thing is a copy of the other. This just makes them look more guilty of sock manipulation, this also brings into question there direct statements to the public. If an officer at a corporation lies to the public but didn't know it at the time then he or she made a mistake. If you lie to the public and you know its a lie, then that is fraud.

    this memo clearly shows that SCO executives knew that there was no litteral copying in GNU/Linux, they then went out and made statements that they new were demonstrably false, i.e. Daryl's Line by Line copying comment. It is now very clear that SCO executives should at least be charged with fraud.

    --
    Did Glenn Beck rape and kill a girl in 1990? gb1990.com
    1. Re:OMGWTFBBQ by Locke2005 · · Score: 2, Funny

      If you lie to the public and you know its a lie, then that is fraud. What if you lie to the public and you can tell that it is a lie because you're fucking nuts? I smell an insanity defense in the works for Darl... at least, that is the only rational explanation I can come up with to explain his public statements!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:OMGWTFBBQ by justforaday · · Score: 1

      This just makes them look more guilty of sock manipulation...

      Oh shit! I better be more careful with my footwear.

      --
      I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    3. Re:OMGWTFBBQ by Anonymous Coward · · Score: 0

      I smell an insanity defense in the works for Darl... at least, that is the only rational explanation I can come up with to explain his public statements!

      do mormon's believe in insanity, or is it all just the devil's work?

    4. Re:OMGWTFBBQ by Spunk · · Score: 1

      My mom once caught me in the middle of sock manipulation.
      I must have looked pretty guilty.

    5. Re:OMGWTFBBQ by BaudKarma · · Score: 1

      If you lie to the public and you know its a lie, then that is fraud.

      That definition seems a leeeeetle bit broad. Wouldn't that make anyone who ever told a lie to two or more people guilty of fraud?

      However, I'd say that trying to sell or license a product when you're fully aware that you have no ownership rights to said product is a pretty clear case of fraud. Thank you Microsoft for paying SCO that $10 million, since it'll make the total amount of money SCO defrauded their clients out of much more impressive.

      --
      It's the land of the brave, and the home of the free
      Where the less you know, the better off you'll be.
    6. Re:OMGWTFBBQ by Shadowlore · · Score: 1

      This just makes them look more guilty of sock manipulation,

      Damned sock manipulators. Now I know why half my sock pairs become sock singles.

      --
      My Suburban burns less gasoline than your Prius.
    7. Re:OMGWTFBBQ by Alsee · · Score: 2, Funny

      insanity... only rational explanation

      Ironically insanity is always a rational explanation

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:OMGWTFBBQ by Alsee · · Score: 1

      This just makes them look more guilty of sock manipulation

      Incriminating evidence of sock manipulation.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  43. Show Me by Anonymous Coward · · Score: 0

    ...as opposed to figurative copying...right... Linux, my anti-DRM

  44. Re:tired by arkanes · · Score: 1

    Or, maybe, you wrote something you thing is really neato and clever and are taking the opportunity to hype your own wares.

  45. Tired? No way! by frostfreek · · Score: 1

    How could you be tired of this drama?
    It has thrills, intrigue, an evil, pompous villain, and many 'rebel fighters'...

    We're drawing to the end, the big finish, where IBM lays the smackdown, and Darl moves into his new home (A large sanyo television box).

    No, it's like some sort of soap opera for geeks all over the world. Just wait for the TV movie, starring (ummm....):
    - Mark Hamill as Linus
    - Tom Cruise as Groklaw
    - Jabba the Hutt as Darl McBride


    1. Re:Tired? No way! by Anonymous Coward · · Score: 0

      I think that is an insult to Jabba the Hutt. Jabba the Hutt may have been a gangster, but since he controlled Tantoine, he had no real reason to lie.

    2. Re:Tired? No way! by Locke2005 · · Score: 1

      Tom Cruise as Groklaw Hmmm... not sure how Pamela would feel about being played by Tom Cruise... how good does he look in a dress?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:Tired? No way! by cHiphead · · Score: 2, Funny

      Tom Cruise? Are you as in desperate need of psychiatric help as him?

      Jon Stewart would be Groklaw.

      And Darl McBride would be played by Hayden Christiansen just so they could chop off his arms and legs at the end.

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    4. Re:Tired? No way! by rewt66 · · Score: 1
      Wha???? Tom Cruise as Groklaw?

      How about Natalie Portman as Pamela Jones, the paralegal behind Groklaw?

      On the other hand, Tom Cruise as an abstract entity... hmm... maybe that could work...

    5. Re:Tired? No way! by MORB · · Score: 1

      Jabba the Hutt as Darl McBride

      I am disturbed by the implication that IBM would then logically be represented as a metal-bikini clad Leia strangling Darl with a chain.

    6. Re:Tired? No way! by avgjoe62 · · Score: 1
      I am disturbed by the implication that IBM would then logically be represented as a metal-bikini clad Leia strangling Darl with a chain.

      I'm not. Bring it on.

      Now where did I put that copy of Return of the Jedi?

      --

      How come Slashdot never gets Slashdotted?

    7. Re:Tired? No way! by Anonymous Coward · · Score: 0

      Tom Cruise as an abstract entity can't be any worse than Tom Cruise as the acutal entity...

  46. Re:tired by roman_mir · · Score: 1

    no need for hyping :) it's on mozilla anyway. I wrote it because I use it, and this is one of the ways I use it.

  47. Re:tired by NiteHaqr · · Score: 1

    Was just going to reply in the same vein but subtituting "hype your own wares" with "peddle your own crap", so thank you very much for saving me the bother Arkanes :)

  48. Re:Denial. Brilliant! by Freexe · · Score: 3, Insightful

    It just stinks of 1984. Tell blatant lies enough and people just believe it even though they know its not true.

    --
    "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
  49. OT, but somewhat relevant to the issues at hand by Anonymous Coward · · Score: 5, Interesting

    If SCO does end up prevailing at all in this circus, then I predict that someday musical instument makers, like say for example, Stienway Pianos, will claim that because you used one of their pianos to compose a song, then that song is automatically a "derivative work" of their I.P. and therefore you must pay license royalties back to them. Ditto for public performances played on the instruments. A portion of each concert ticket sold must be paid back to them, and free public performances would be outlawed because that would be "stealing potential revenue" from them.

    Someday, you will have to agree to a usage rights control contract for everything you buy.

    Somebody will patent some kind of registration system to track all kinds of usages of all these products and you're be required to be a member of that before you'll even be able permitted to purchase anything at all, and you'll actually not be purchaing anything, but rather leasing the temporary usage rights for a short term.

    1. Re:OT, but somewhat relevant to the issues at hand by Mostly+a+lurker · · Score: 1

      You forgot to mention that selling pianos (Steinway's or any other type) to the general public would be aiding and abetting theft of Steinway's IP, even when similar sales were made by Steinway themselves: assuming we want to follow this analogy to its SCO type conclusion.

    2. Re:OT, but somewhat relevant to the issues at hand by seanvaandering · · Score: 1

      Somebody will patent some kind of registration system

      I think Amazon is already on it.

  50. Bill Clinton now works for SCO?!?!!? by isa-kuruption · · Score: 0, Redundant

    "It depends on what your definition of is is."

    Now we're just splitting hairs...

    1. Re:Bill Clinton now works for SCO?!?!!? by Anonymous Coward · · Score: 0

      Actually I think it is George "WMD" Bush.

  51. Bible verse by Anonymous Coward · · Score: 2, Funny

    Darl(21:50): It's reasonable, except when the comment codes are the same, the humor lines in the comment code are the same, and the typos in the comment code are the same, then you start getting beyond...

    What the? Is that a Bible Verse? John (3:16), Darl (21:50).

    1. Re:Bible verse by shotfeel · · Score: 1

      Looks something like that.

      Press Release #:Li(n)e number

    2. Re:Bible verse by Anonymous Coward · · Score: 0

      RTFL. It's the time in minutes since the start of recording, dipshit.

  52. perfect matches by 2010 · · Score: 0, Redundant

    I think SCO is right about this one. The eample below shows clearly a literal line by line copy of the original Unix-code, with just a modified lines. I can't tell you where I found these lines of code, otherwise the evidence will silently be removed ofcourse. int main(int argc, char *argv) { /* some obfuscated/rewritten code */ return 0; }

  53. Re:tired by roman_mir · · Score: 0, Flamebait

    What is it with you, PMS, or just life-style problems?

  54. Surprising actually. There is a better route. by mrRay720 · · Score: 1

    Considering the earlier story, I would have thought that they would have just claimed that this email was spam.

    They could easily get rid of 90% of incriminating emails that way.

    "No your honour, that isn't evidence of us being lying weasels, it is spam. By the way, do you want to En14rg3 yur p3ni5?"

  55. Re:Denial. Brilliant! by Rei · · Score: 4, Funny

    feels like a childish game

    SCO: "NO! It's MY fingerpainting, and he took it from me! Mine, mine, mine, mine!!!"

    Parent: "Honey, it's not your fingerpainting, I saw him make it the other day. It doesn't even look like yours."

    SCO: (hands over ears) "La La LA LA LA, I can't hear you, La La LA LA LA!!!!"

    --
    "/etc/rc.d/rc.sysinit is a gimp plugin and must be run by the gimp in order to be used."
  56. This calls for tricky math by A+nonymous+Coward · · Score: 1

    Go back to math class. A number mod 666 can never equal 666

    Except for sufficiently large values of 665.9999999.....

  57. Notebook by N8F8 · · Score: 1

    Back in 2002 there were still a lot of folks running Win98 on Laptops/Notebooks.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
  58. If you like by Rogerborg · · Score: 1

    But don't apply to my company as a C programmer any time soon.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:If you like by imsabbel · · Score: 1

      Maybe you should just take a look at c specification that arent older than a decade?

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    2. Re:If you like by telecsan · · Score: 1

      Either one of 2 options is true:
      1) Your statement is in jest.

      or

      2) I don't want to work for your company, because any *good* programmer knows the difference between syntactically correct code and GOOD code. And you obviously wouldn't hire the *good* programmer.

  59. Liars by Anonymous Coward · · Score: 0

    Even *IF* we take the email as narrowly as possible and their original statements as loosely as possible, the email *still* contradicts findings of "line after line of identical code" that SCO was claiming at the outset. While the email alone doesn't invalidate their case, the fact that they have been lying through their teeth should.

  60. These are... by minator · · Score: 1

    These are not the copyright violations you are looking for.

    1. Re:These are... by Laura_DilDio · · Score: 0

      Yes, but the Swartz is strong with this one...

  61. I'm getting a bit bored with this by 91degrees · · Score: 0, Redundant

    SCO seem to have been saying some pretty weird stuff. And occasionally quite insulting stuff. They seem to be saying that Linux programmers deliberately copied SCO code and tried to hide the fact rather than accidentally copied it.

    On the other hand, groklaw and Slashdot have hardly been impartial observers in this. They must have at least some sort of case for the trial to have got this far.

    Perhaps we should ignore this public slagging match and let the kernel hackers rewrite the code that the court finds is infringing after the trial.

    1. Re:I'm getting a bit bored with this by arkanes · · Score: 4, Insightful
      While Groklaw/PJ is hardly impartial in editorializing, the court documents and rulings provided certainly are. You need not rely on her analysis of them, either.

      If you had been following (I know, you're bored), SCO has not, to date, provided *any* evidence of code infringment in court. None. Dec 22 is the deadline for any evidence of code infringment to be shown. SCOs public statements as to the nature of the case vary hugely from what actually happens in the court room - they spin it as copyright about Linux in the media, but as a contract dispute about AIX in court. The impression that "they must have a case because it's lasted this long" is exactly one of the things they rely one - TV court drama to the contrary, judges very rarely toss cases early on. Especially technical ones like this, where even though the lack of merit may be obvious, it takes signifigant technical analysis to prove it.

      For what it's worth, the judge has been seeming rather fed up with it too - when he issued his ruling on deadlines for discovery, he specifically pointed out SCOs misrepresentation in the media as compared to the total lack of evidence they've presented in court.

    2. Re:I'm getting a bit bored with this by Anonymous Coward · · Score: 1, Insightful

      They must have at least some sort of case for the trial to have got this far.

      Actually, it may be hard to believe after all this time, but they are still in the preliminary stages of this trial. Think of this as the fishing for evidence phase. The standard for continuing the trial at the point requires very little evidence or any signs of a credible case.

      In complex trials like this it is expected that the case will coalesce from the weight of evidence collected from the other side. Consequently, I wouldn't give SCO too much credit for having a semblance of a case just yet. Once discovery finishes we'll soon know how much of an actual case they have.

    3. Re:I'm getting a bit bored with this by DrJimbo · · Score: 2, Informative
      91degrees wrote:
      They [SCO] must have at least some sort of case for the trial to have got this far.

      Sorry, that's incorrect. But, you do get this watch and a year's supply of turtle wax.

      I am not claiming that Groklaw is impartial but they do have a lot of facts there that you can go check. You might be interested in reading Judge Kimball ruling (from February 2005) where he expressed astonishment that SCO has not yet presented one shred of evidence that IBM has done anything wrong.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    4. Re:I'm getting a bit bored with this by Anonymous Coward · · Score: 0

      Buy clothes & make my wife happy! [ebay.com]

      I've got a better way to make your wife happy :)

    5. Re:I'm getting a bit bored with this by typical · · Score: 1

      While Groklaw/PJ is hardly impartial in editorializing

      Actually, PJ started out as a lot more neutral, but somewhere along the line she shifted to be much more partisan. I'm guessing that this was probably a combination of SCO being absolutely outrageous from a legal standpoint, and because of all the love she gets from the open source community (probably due to her position as one of the rare and precious legal folks publically involving herself with open source, especially in a volunteer mode).

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  62. "deliberate obfuscation" by ksdd · · Score: 1

    That phrase could also be used to sum up what SCO seems to be doing to try and spin this their way.

  63. People are full of practical common sense by A+nonymous+Coward · · Score: 1

    The simple fact is that politicians, Daryl, everybody and his dog lies when they can get away with it, because usually the truth requires more explanation. Much easier to say No than say something real.

    Plus, people have no control over most of their lives. Buses on strike? Politicians starting wars? People simply have no control over that. Stock options, what a joke. Allegedly give people an incentive to work smarter and harder. Baldersash! The company's destiny is set by the CEO and COB and that's about it. Same with any company or government, only a very very few people have any real control.

    Look at the US government. Suppose Rumsfeldt had actually tried to change anything -- he'd have been out on his ass so fast, just like Shimonoseki, who said he'd need several times as many troops for the occupation ... they can affect lots of little things, but not the big picture, that is controlled by Rove mostly.

    People happen to have tons of common sense when it comes to their daily lives. Why worry about Rumsfeld's lies when you can't change a damn thing about them anyway? If people worried about every lying thieving politician and corporate officer, the world would stop dead in its tracks because nothing would ever get done.

    1. Re:People are full of practical common sense by LaCosaNostradamus · · Score: 4, Insightful

      If people worried about every lying thieving politician and corporate officer, the world would stop dead in its tracks because nothing would ever get done.

      Not to serve up a flip answer, but perhaps that's what needs to happen. For example, we need to have the selection "NONE OF THE ABOVE" for each ballot choice in any election, to have the option to force the political system to endure starvation instead of a mandatory minimum feeding.

      The system of corruption generally takes steps to make the environment safe for corruption. This tends to expand corruption. And such expansion crashes the system eventually. Knowing this, we should understand and prefer to have the harsh measure of medicine over the comfortable safety of increasing numbness (until the gangrene sets in and the limb falls off).

      Corrupt systems have to be fixed one way or another. Either they get fixed by eternal vigilance, or they are fixed by extinction. People have to understand that even by making no choice whatsoever, they've still made a choice, hence they've still selected or supported an outcome.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    2. Re:People are full of practical common sense by Anonymous Coward · · Score: 0

      And here I thought the solution to corrupt politicians was to run for office against them... or at the very least, expose their corruption and CAMPAIGN against them....

    3. Re:People are full of practical common sense by LaCosaNostradamus · · Score: 1

      In all fairness, yes, that's one way. However, since ballots across America are filled with career politicians, it becomes clear that the votes are corralled into a system of corruption by these shepherds of sin.

      And in too many cases, local races have unopposed "candidates". All it takes to emplace these people into office is their own vote.

      You can say that this all examples the overall failure of opposition. I agree. My viewpoint and yours are simply not mutually exclusive. We can use opposition along the lines that you stated, on top of a NOTA system that I stated. If corruption can't be rooted out by your method, we then have a good chance of rooting it out with mine.

      ... so that the next step (shooting people) will not have to be tried. Capice?

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    4. Re:People are full of practical common sense by Anonymous Coward · · Score: 1, Interesting

      we need to have the selection "NONE OF THE ABOVE" for each ballot choice in any election,

      There is a way to select "none of the above": spoil your ballot. And make it damn clear you spoiled it on purpose. Using a write-in candidate such as "Mickey Mouse" (or even, um, "None Of The Above") is one way.

      to have the option to force the political system to endure starvation instead of a mandatory minimum feeding.

      I'm not sure what you mean by this. A large vote for "none of the above" might deprive the winning party of a moral mandate, but not power. Anyway, you continue:

      The system of corruption generally takes steps to make the environment safe for corruption. This tends to expand corruption. And such expansion crashes the system eventually. Knowing this, we should understand and prefer to have the harsh measure of medicine over the comfortable safety of increasing numbness (until the gangrene sets in and the limb falls off).

      As much as I agree with you, and as much as I'm in favor of the "none of the above" option, I'm not sure that such an option is strong enough "medicine" to achieve your goal. Sometimes revolution (hopefully peaceful) is inevitable if a political system is to reform.

      Corrupt systems have to be fixed one way or another. Either they get fixed by eternal vigilance, or they are fixed by extinction. People have to understand that even by making no choice whatsoever, they've still made a choice, hence they've still selected or supported an outcome.

      Fair enough, but again, voting "none of the above" is still "making no choice", albeit making it visibly.

    5. Re:People are full of practical common sense by LaCosaNostradamus · · Score: 3, Interesting

      The choice of NOTA is one not of notice, but legal force. When an office is up for grabs, but enough people say NOTA, then the office goes unoccupied until an election is held that also has enough people voting for a real candidate.

      The NOTA option might be better called "LEAVE THIS OFFICE OR POSITION EMPTY UNTIL YOU PROVIDE BETTER CANDIDATES". Which is why I said "starvation".

      Sometimes revolution (hopefully peaceful) is inevitable if a political system is to reform.

      I agree, but I'd rather not shoot people when it's clear that most people will run things more honestly upon the knowledge that yes, shooting will happen, and that yes, they will be targeted when it happens. Having forebrains, why can't we Humans understand inevitability?

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    6. Re:People are full of practical common sense by mOdQuArK! · · Score: 1
      then the office goes unoccupied until an election is held that also has enough people voting for a real candidate.

      That will just mean that some non-campaigning "interim" or "acting" bureaucrat will fill the post.

      If you want your idea to have teeth, then you need to shut down the entire office that supports that public position - so that it can't do any work, and it doesn't cost any money. Then wait to see if enough people scream about it going away to actually vote someone in.

      Another alternative: a strong federal balanced-budget Constitutional amendment, plus some restrictions about playing with the cash-policies, would force the Congresscritters to make some tough decisions about where they're trying to spend their pork.

      Yet another alternative: instead of having the government take peoples' tax money & figure out how THEY want to spend it, just mandate that people have to spend a certain amount of tax money & let the people figure out what public service they want to spend it on for themselves.

      (Dunno if I trust people to make good choices about that, but at least it's an interesting alternative).

    7. Re:People are full of practical common sense by Anonymous Coward · · Score: 0

      Al Shugart has been trying to get that very thing placed on ballots for a long time. The humiliation that govt would suffer as NOTA won election after election makes it unlikely that it will happen.

    8. Re:People are full of practical common sense by KwKSilver · · Score: 1

      As the parent say further down, if none of the above wins, the ofiice should go unfilled until there is a real winner. Better still, those who lose to "None of the Above" should be barred from running for ANY office for 4 to 10 years.

      --
      If you want your life to be different, live it differently.
    9. Re:People are full of practical common sense by LaCosaNostradamus · · Score: 1

      That will just mean that some non-campaigning "interim" or "acting" bureaucrat will fill the post.

      But that wasn't the point. The point of NOTA is to FORCE offices or positions into emptiness if the people demand it via the NOTA method. If an implemented NOTA only allows bureaucrats to fill offices by appointment since "the people unwisely chose to FAIL to fill this position" (as I imagine some entrenched political animal would say), then nothing will change. In fact, it would get worse: Every NOTA'd position would then be filled with an appointed crony by the establishment, and I'm sure that would suit said establishment just fine since they get to more directly choose cronies instead of waving them like distraction flags in front of the body politic first.

      We should have the legal teeth to hamstring a decadent political process. But where I live (Toledo OH) I find people voting 2-1 for amending the city charter to remove their rights to vote on certain items. Democracy is simply too inconvenient for too many people. Sad, isn't it?

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    10. Re:People are full of practical common sense by LaCosaNostradamus · · Score: 1

      I like that idea. Unfortunately, in America, we can have a guy lose against a dead man, and he's still politically viable. We should have a rule that says if you lose to a dead guy, a houseplant, or NOTA, then you're barred from that office for some time.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    11. Re:People are full of practical common sense by Anonymous Coward · · Score: 0

      "Corrupt systems have to be fixed one way or another. Either they get fixed by eternal vigilance, or they are fixed by extinction."

      From the Declaration of Independance -
      "[...] that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness."

    12. Re:People are full of practical common sense by mOdQuArK! · · Score: 1
      If an implemented NOTA only allows bureaucrats to fill offices by appointment

      It's not by appointment - the press release will go something like: "Well, the voters haven't chosen anyone to lead this important position yet, so while we're waiting for them to make up their minds, the #2 person will be the acting director/manager/whatever." And as long services keep getting provided, then the average voter won't give a damn that they voted NOTA & someone they didn't pick took up the slack.

      Like I said (and what it seems like you're saying), if you want REAL change to occur, then you need to make sure that NOTA _really_ means to shut down that office/department/whatever, not just leave a blank slot at the top.

    13. Re:People are full of practical common sense by Mirksar · · Score: 1

      we need to have the selection "NONE OF THE ABOVE" for each ballot choice in any election
      Isn't that a blank vote? http://en.wikipedia.org/wiki/Citizens_for_Blank_Vo tes

  64. Your honor by future+assassin · · Score: 0, Offtopic

    obviously this letter was written by Chubaka, he is a wookie ...

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  65. The Memo Was QUITE Clear by Master+of+Transhuman · · Score: 1, Redundant


    They looked.

    They found nothing.

    Nothing to see here except more lies. Move along.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  66. Why backpedal? by Stephen+Samuel · · Score: 1
    SCO has been backpedalling for so long that they've added an extra gear to the mix. This allows them to claim that they're pedalling forward while they're going backwards at full speed.

    Some people might call this 'reverse gear', but they've given it a new name and managed to patent it as a business method.

    --
    Free Software: Like love, it grows best when given away.
    1. Re:Why backpedal? by Anonymous Coward · · Score: 2, Funny

      "Go forwards, not backwards. Upwards, not forwards. And always twirling, twirling, twirling towards freedom!"

    2. Re:Why backpedal? by chrish · · Score: 2, Funny

      Don't blame me, I voted for Kodos!

      --
      - chrish
  67. Re:SCO IP website has a Swartz memo with IP copyin by jshepher · · Score: 3, Interesting

    It is easy to tell which is the SCO fabrication -- the font size changes!!! It shrinks about 2 points.

  68. Stop the madness by jtshaw · · Score: 0

    Just stop talking about this crap and it will go away... nobody cares, there is nothing to see here, move on with your lives.

  69. Re:Denial. Brilliant! by Master+of+Transhuman · · Score: 2, Informative

    Mod: -5, Bush troll.

    Additional Mod: -3 Probably Microsoft troll.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  70. Re:Denial. Brilliant! by chronicon · · Score: 1

    Ah, of course, the wonderful world of "plausible deniability". Who'd of thought sco would resort to such a thing?

  71. How many businesses ... by Skapare · · Score: 1

    How many businesses have been harmed by SCO's miSCOnduct in the courts that diSCOuraged many potential customers from buying Linux based solutions? How many lawsuits could these businesses file to try to recover losses from this fiaSCO? What other smoking guns would these new suits diSCOver?

    I, for one, would just like to be the one to eSCOrt Darl and the other SCOundrels and SCOfflaws to jail. But I'll just have to work, like everyone else, to just recover the SCOrched Linux landscape.

    --
    now we need to go OSS in diesel cars
    1. Re:How many businesses ... by FurryFeet · · Score: 1

      You forgot the part about SCOoping SCOres of SCOnes up Darl's SCOass.

  72. Re:Denial. Brilliant! by Anonymous Coward · · Score: 0

    Please!

    Do not insult wankers!

  73. Re:Denial. Brilliant! by Winkhorst · · Score: 5, Funny

    Actually, my mother used to do that, but not in a sandbox, fortunately.

    NEWSFLASH: SCO today denied reports that they think the world is flat. In a statement issued by CEO Daryl Whats-his-face, the company suggested that they had only meant to say that there were certain parts of it that appeared to be flat. "This is fully within the parameters of linguistic theory," said Daryl. "We never meant to imply that it's ALL flat." Daryl refused to elaborate on which areas of the world he thought "looked" flat.

    --
    "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
  74. oh, come on by noamsml · · Score: 2

    it was clinton's *personal life* he lied about, while bush tried to block human rights via a constitutional amendment, trumped the judiciary system blantantly, went into a war for the benefit of oil companies, relied on bad intelligence (at the least),and the list continues.

    yes, that *is* worse.

    1. Re:oh, come on by Anonymous Coward · · Score: 0

      Oh come on. Clinton got a blow job -- thats terrible and corrupt morals worldwide.

      Bush just wasted a couple hundred billion dollars -- its only money.

    2. Re:oh, come on by Anonymous Coward · · Score: 0

      Aren't we allowed to hold contempt for both of them? Why should we have to choose?

  75. How many more..... by Anonymous Coward · · Score: 0

    How many more stabs can SCO take before it falls? It doesnt even need people to stab it anymore, their stabbing themselves.

  76. Re:tired by roman_mir · · Score: 2, Funny

    Is that really off-topic?

    That comment has some relevance to the topic in hand, so by applying case law and using the BETAMAX case, that comment is not in fact off-topic because it has some relevance to the story discussed even if portion of it is not directly on-topic.

  77. Take a look at their stock! It's falling! by Progman3K · · Score: 1

    http://finance.yahoo.com/q/bc?s=SCOX&t=5d&l=on&z=m &q=l&c=

    Hot on the heels of yesterday's revelation that SCO's claims were outright lies, their stock started the day with a nose-dive to under 3.80

    But since then, Microsoft (under cover of disguise) has poured more money into SCO's stock to give the appearance that the truth coming to light did not damage SCO.

    I find that really funny, personally.

    I hope Microsoft enjoys losing face and being laughed at like this.

    It'll be REALLY funny when the ONLY people owning SCO stock are Microsoft and SCO files for chapter 11 protection.

    I expect that it's only a matter of time before Microsoft cuts the mortally-wounded SCO loose and takes up another shell corporation to try this whole business again.

    --
    I don't know the meaning of the word 'don't' - J
    1. Re:Take a look at their stock! It's falling! by ezzzD55J · · Score: 1
      shell corporation

      Don't you mean shill.. :)

  78. Re:Denial. Brilliant! by Anonymous Coward · · Score: 0

    NO U

  79. Confused? by LWATCDR · · Score: 1

    I thought that SCO was now claiming that it owned JFS and some other code that IBM wrote and put into AIX? Didn't SCO give up on the claim that UNIX code made it into Linux? Or have they forget what they have and have not said?

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  80. white padded rooms... by CrashRoX · · Score: 1

    If you can put people in physco wards, why cant you put companies? Or at least the executives.

  81. Where is Smithers when you need him? by Gzip+Christ · · Score: 1
    Yes, SCO has found cases where their copyrighted code was stolen and then cleverly obfuscated by completely changing the variable names, comments, data structures and algorithms! But clearly it must have been stolen since it performs a similar function.
    Could Darl McBride and Mr. Burns be related? They seem to think alike:

    Burns: Who is that lavatory linksman, Smithers?

    Smithers: Homer Simpson, sir. One of the fork and spoon operators
    from sector 7-G.

    Burns: Well, he's certainly got a loose waggle. Perhaps I've
    finally found a golfer worthy of a match with Monty Burns,
    eh?

    Smithers: His waggle is no match for yours, sir. I've never seen you
    lose a game. Except for that one in '74 when you let
    Richard Nixon win. That was very kind of you, sir.

    Burns: Oh, he just looked so forlorn, Smithers, with his [imitating
    Nixon] "Oh, I can't go to prison, Monty. They'll eat me
    alive!"

    [Smithers laughs]

    I wonder if this Homer Nixon is any relation?

    Smithers: Unlikely, sir. They spell and pronounce their names
    differently.

    Burns: Bah. Schedule a game and I'll ask him myself.
    (From SNPP.)
  82. Two Words Strikes fear everywhere by Anonymous Coward · · Score: 0

    Bernie Ebbers

  83. Re:Denial. Brilliant! by superyanthrax · · Score: 4, Insightful

    Unfortunately the "sorry bunch of wankers" is having a negative effect on Linux's reputation. Founded or not, their claims just add to the FUD that Microsoft puts out to combat Linux's spread, and it's having a significant effect.

  84. Patent issue? by ehiris · · Score: 1

    "literal copying, which is not the standard for copyright violations, and which can be avoided by deliberate obfuscation"

    This sounds like more of a patent issue but just becasue they did something in a certain way, it doesn't mean that they were the only ones who thought about doing it that way.

    SCO seems like the old lady of the software industry who is bitter that she didn't manage to have a good working business model around Open Source.

  85. Re:tired by Anonymous Coward · · Score: 0

    He's not alone.

    You'll get an offtopic from me every time I see your shit on Slashdot. That's a guarantee.

  86. The SCO side of this sounds like... by ssj152 · · Score: 1

    something from one of Douglas Adams books... sort of like - past future unperfect tense. Or something.

    --
    Be Obscure Clearly
    There are visual errors in time as well as in space.
  87. Linus should by Solr_Flare · · Score: 2, Funny

    Sue SCO for emotional distress due to constantly laughing his ass off at them.

    He'd have a better chance at winning that too than SCO ever will with their case.

    --
    You are who you are, let no one tell you different. But, never close your mind to a new point of view.
  88. Email is Inaccurate by Charles+W+Griswold · · Score: 2, Funny

    SCO Says Email Is Inaccurate

    What, even the ones that promise to make my penis larger?
    --
    "Those who are too smart to engage in politics are punished by being governed by those who are dumber" -- Plato
  89. So... what are they claiming now? by zoomba · · Score: 1

    First it was direct copied lines of code
    Then it was JFS and other products that were integrated into Linux
    Then it was something about IBM filtering ideas into Linux....
    Now it's about someone else doing the same thing but in a completely different way?

    I'm sorry, I've tried my very best to follow this, but I just can't for the life of me figure out what SCO is claiming now that IBM or Novel or RedHat or AutoZone did. They've changed their tune so many times I can't reven remember where it all started.

    Is it just boiling down to SCO suing IBM because they contributed to a successful competitor?

  90. Smells like Berkeley to me. by argent · · Score: 1

    I'm not familiar with the Linux kernel or libc, so here's the rest of the sections: curses (BSD code by Ken Arnold), termcap (BSD code), lpr (BSD code), groff and bison (FSF), and UUCP (Dave Taylor).

  91. Without concern for what SCO says, by botlrokit · · Score: 1

    why exactly was the document sealed, anyway? And if I understand things correctly, isn't a sealed document in such a case still part of the discovery process, and handed to IBM's legal team?

    In other words, while we're just now finding out about this, isn't it possible that all the players knew that this document existed? It may not be in the papers at large, or part of the daily press briefings, but someone on the defense was likely aware of it...

  92. Re:Denial. Brilliant! by LaCosaNostradamus · · Score: 1

    Daryl refused to elaborate on which areas of the world he thought "looked" flat.

    That's an easy one to answer: the heads of his corporate board members. It's hard to find such mathematically perfect flatness in available surfaces.

    --
    [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  93. Er.. The GPL depends on strong copyright law. by Richard+Steiner · · Score: 1

    There's a huge distinction between copyright law as it applies to source code and patent law as it applies to software, and I suspect most of us do not group the two subjects together arbitrarily as you seem to be doing above.

    Most of the open source programmers I know are quite respectful of copyright but quite skeptical about patent law relating to software.

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
  94. SCO may be right by Anonymous Coward · · Score: 1, Insightful

    You never know. There must be about 10000 people who have sent patches over 15 years. It is possible that one of them is an IBM/SGI/BSDI/whatever insider and just copied unixware and sent a patch. We cannot exclude this possibility.

    The thing is, SCO must tell which files this is about, so we can detect the person who did this (and is probably a person who lied in her resume as well), and have her both fired from her company and blocked out of the linux kernel development forever.

    Fair is fair. /playing the devil's advocate to karma whore anonymously.

    1. Re:SCO may be right by Phragmen-Lindelof · · Score: 1

      How is this BS insightful? Let's see, SCO wants to ruin their case when they have actual evidence by not presenting the evidence? Riiiiiight! This is the same kind of BS some of the press has used in the past; Where's the beef (i.e. evidence)?

    2. Re:SCO may be right by rm69990 · · Score: 1

      Yes, makes sense. They have clear evidence of not only the copied code, but who did it, but they figure its a good idea to sit on the evidence until they go bankrupt....makes a lot of sense indeed....

  95. Re:Denial. Brilliant! by d34thm0nk3y · · Score: 1

    In a statement issued by CEO Daryl Whats-his-face,

    We're on to you buddy, this is obviously obfuscation designed to hide your copyright infringement of the name McBride!

  96. early compilers had this kind of a royalty by HBI · · Score: 1

    You agreed as part of the license to pay $xx for each copy of an executable you distributed. We are talking CP/M days here.

    One of the reasons Microsoft was successful in this market, as was Borland, was that their licenses were royalty-free after they realized that this was a wedge issue to secure market share.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:early compilers had this kind of a royalty by TAZ6416 · · Score: 1

      I'm pretty sure a version of Microfocus Cobol we ran in the early 90's had this kind of license.

      Jonathan

      http://donkeydoeslondon.freeservers.com/

  97. Groklaw's take on the 1999 memo. by mcc · · Score: 5, Informative
    Groklaw has covered this 1999 email, but it's in an update to an earlier story rather than a story by itself. I thought they had a pretty good take on it and I wanted to quote something here.

    Here's what IBM apparently had to say when the 1999 email first surfaced in court:
    "SCO seeks to explain away the e-mail to which I referred by reference to a 1999 memorandum. Now, Mr. Hatch says that he understands that we have this memorandum. We have it because it was given to us hours before today's hearing. We got it this morning. It should have been produced a long time ago, but IBM is supposedly a party in breach of its discovery obligations.

    Your Honor, the memo was dated five years ago. It was written three years before the e-mail which I have showed to Your Honor. It is a draft. It says on its face that it is provided, quote, 'subject to the further analysis of Mr. Davidson'. That's on page 5 of the fax sent to us this morning by Mr. Hatch. On the last page of the document, page 6 of the fax, he says, 'I'm awaiting analysis from Mike Davidson on some of these issues since he has a better feel for the history of much of this company.'

    "Well, Your Honor, Mr. Davidson weighed in, in the e-mail we provided to Your Honor. In that e-mail, he makes abundantly clear in the last two paragraphs what he said when he weighed in.
  98. Re:Denial. Brilliant! by gosand · · Score: 1
    It's unfortunate that the idea of questioning powerful people has become taboo in our culture, as it gives those people that much more power to do whatever they please. The only way to keep power in check is for the relatively powerless to continually question it.

    It works best when coupled with misinformation. SCO has tried this as well. Unfortunately for SCO, the only people who are concerned about this are the tech people, and they are willing to call them on their BS.

    There are lots of people who believe that we are in Iraq because of 9/11, but that doesn't make it so.

    --

    My beliefs do not require that you agree with them.

  99. Am I wrong? by fighthairloss · · Score: 2, Funny

    Normally I like to see the underdog put up a spirited fight. Normally I like to see Davids stand up to Goliaths.

    In this case, I feel almost weasley, but at the same time I know I shouldn't...

    I *WANT* to see the bug get crushed!

    I *WANT* to see what happens when the biggest kid in class, trying to restrain himself from smashing the loudmouth punk, finally loses it and gets medieval.

    I *WANT* to see the SEC investigate the crooks for this pump-and-dump sham.

    Finally, I *SOOOOO WANT* to see Darl one day have to take a job as a janitor at OSDL.

    Am I wrong for this?

    1. Re:Am I wrong? by AceCaseOR · · Score: 1
      Am I wrong for this?

      If this is wrong, then I don't want to be right.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  100. Re:Denial. Brilliant! by Anonymous Coward · · Score: 0

    In Corporate America, ... aw nevermind.

  101. Re: Not so nice try Darl.... by DickBreath · · Score: 1
    Not so nice try Darl....

    "We're finding cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code."

    Darl McBride (May 1, 2003)

    "The month of June is show-and-tell time. Everybody's been clamoring for the code...and we're going to show hundreds of lines of code."

    Darl McBride (May 30, 2003)

    "They have found already a mountain of code. The DNA of Linux is coming from Unix."

    Darl McBride (August 18, 2003)

    "So the three [MIT] teams came back independently and validated that there wasn't just a little bit of code showing up inside of Linux from our Unix intellectual property base. There was actually a mountain of code showing up in there."

    Darl McBride (August 21, 2003)

    "What's at issue is that there is copyrighted Unix System V code, Version 4.1 code, copied into Linux. Whether it is used broadly or not, it is widely published and available."

    Chris Sontag (August 26, 2003)

    "We've stepped up with 80 direct lines of code and derivative works that amount to thousands of lines - and we're saving the rest for the courtroom."

    Darl McBride (August 30, 2003)

    "The amount of Unix code in Linux could be greater than 25%. ...That [1,549 lines of allegedly copied code] is just the number identified so far. It will probably end up being a lot higher."

    Chris Sontag (September 2, 2003)

    "They keep saying we are not showing the code, that we are being deceptive, but we have shown it, literally, to hundreds of people now...We have been very forthcoming. The programs we have identified make up about 20 percent of Linux."

    Blake Stowell (September 11, 2003)

    "I haven't seen anyone in the Linux community racing to remove these million lines of code from Linux yet."

    Chris Sontag (October 8, 2003)

    "We showed over a million lines of code and where it has existed. Linus Torvalds has told me that the Linux kernel has around 5 million lines of code. This derivative code accounts for 20 percent of the Linux code base."

    Darl McBride (November 28, 2003)

    "SCO will present this evidence to the jury, the judge and to the defendant, but it will remain confidential. No one in the public will get to see this"

    Blake Stowell (December 16, 2003)

    "Everybody's been clamoring for us to show the code. But be careful what you ask for, because we're going to show that and a lot more."

    Darl McBride (January 12, 2004)

    "We're not going to show two lines of code. We're going to show hundreds of lines of code."

    Darl McBride (May 30, 2004)

    "Along the way, over the last several months, once we had the copyright issue resolved where fully we had clarity around the copyright ownership on Unix and System V source code. We've gone in, we've done a deep dive into Linux. We've compared the source code of Linux with Unix every which way but Tuesday. We've come out with a number of violations that relate to those copyrights."

    Darl McBride 11/18/2003

    "What we are announcing today is a substantial number of copyright issues that relate to a settlement agreement that is already in place around the BSD settlement from the 1994 time frame."

    Darl McBride 11/18/2003

    "Going forward we have three dials. The core business, we think that's bottomed out and there'

    --

    I'll see your senator, and I'll raise you two judges.
  102. SCO doesn't even know how to lie properly by UnknowingFool · · Score: 4, Informative
    Somebody once told me that it's easier to tell the truth because you won't have to remember what you lied about. SCO might want to check which version of truth they want to use this week.

    "This memo shows that Mr. Davidson's e-mail is referring to an investigation limited to literal copying, which is not the standard for copyright violations, and which can be avoided by deliberate obfuscation, as the memo itself points out," the company continued. SCO also pointed out its legal wrangling with IBM dealt with more recent versions of the Linux code than were mentioned in the memo.

    Forgetting the fact that Darl has publicly announced many times that literal copying is in Linux, SCO's current statement is still contradicted plainly in the email:

    Bob worked on the project for (I think) 4 to 6 months during which time he looked at the Linux kernel, and a large number of libraries and utilities and compared them with several different vesrions of AT&T UNIX source code. (Most of this work was automated using tools which were designed to to fuzzy matching and ignore trivial differences in formatting and spelling)

    Of course SCO will probably now claim that "fuzzy matching" meant comparing furry code or some inane b.s. like that.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  103. Re:SCO IP website has a Swartz memo with IP copyin by twistedcubic · · Score: 1

    Notice that the Swartz memo defers accurate judgement to a guy who says there is no copying at all. See the previous Slashdot story.

  104. TRANSLATED by AnalogDiehard · · Score: 1, Funny

    "Pay no attention to that man behind the curtain"

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  105. Re:Denial. Brilliant! by Chris_Mir · · Score: 1

    "Re:Denial. Brilliant!"

    Ah.. that's what the commercial of IBM was all about.

    "You're in denial"
    "No, I'm not"

  106. SCO hopes nobody reads... by burnin1965 · · Score: 3, Informative
    The actual 1999 "preliminary conclusion" from Swartz is very critical of linux and makes some very damning statements, i.e.
    "many portions of Linux were clearly written with access to a copy of Unix sources."
    "they started with a source file which apparently came from Unix and is thus the property of SCO."

    So Swartz is telling SCO management what they want to hear, and this is also what they expect everyone to take from this 1999 letter. That is that linux infringes on SCO's copyrights.

    Now what SCO likely is hopeful nobody reads from the 1999 letter are the following statements from Swartz after stating his claims:
    "One of the questions which remains to be answered is what is the history of the identical code. It is possible that some of the code came from Berkeley or other third party."
    And most importantly:
    "I am awaiting an analysis from Mike Davidson on some of these issues, since he has a better feel for the history of much of this code."
    So the claims Swartz makes in this "preliminary conclusion" seem rather harsh considering he doesn't know the history of the code which he finds suspect.

    And then the clincher. When Mike Davidson comes back with the analysis Swartz is waiting on we get from Mike's follow up email in 2002:
    "We had found absolutely *nothing*"
    "invariably it turned out that the common code was something that both we (SCO) and the Linux community had obtained (legitimately) from some third party."
    So it becomes obvious from the 1999 letter and the 2002 email that while Swartz did find similar code between linux and SCO's Unix in the end when the findings were presented to the SCO Unix source code expert it was discovered that none of the similar code belonged to SCO and there were no copyright infringements in linux.

    I must say, it was nice reading the actual emails instead of listening to the obfuscation of facts from the lawyers and the media.

    burnin
    1. Re:SCO hopes nobody reads... by jbolden · · Score: 1

      What's also interesting is that Schwartz's similarities all obviously predate IBM's involvement by many years. It also wasn't the stuff mentioned in the original complaint. curses, elf... how can you possibly argue this is a contract case against IBM with this stuff?

  107. please go by arkmannj · · Score: 1

    To: SCO; From: Utah Subject: leave in peace Dear SCO, Please leave, you are an embarrassment to the state of Utah, and Corporate America in general. you're method of leaving is entirely in your hands, but incase your are so short-sited that you can't see your viable options (this seems a reasonable assumption as you obviously haven't been able to see your viable business options, thus you have resorted to being nothing more than a sue factory, again an embarrassment to the Utah/American legal system) your options are as follows: 1)Just go home, and don't show up for work. 2)Bankruptcy 3) sell your company that actually does business to a high bidder in this case that should be about 50.00, about 49.99 more than the company is worth I assure you 4) I hear antarctic is nice. Sincerely Utah

  108. Sweet SCO Prison Lovin'. by Anonymous Coward · · Score: 0

    Ha! Darl is about to become prison-bitch to ex-Worldcom CEO Bernie Ebbers. It's going to be a joy for everyone when your ass gets sent to prison for this FRAUD! Have fun, douchebag!

  109. Re:SCO IP website has a Swartz memo with IP copyin by Peter+Simpson · · Score: 1

    /tinfoil hat ON

    And another thing...the table at the end of the document. Notice that it doesn't have a title? Well, scroll on down to the next page. It has a title there! The title that should be at the start of the table? Almost like something has been removed, and Word has repositioned the table, but not the title?
    And see that "Comment: /TDf" at the "yacc" line? That's from a newer version of Word than was available in 1999? /tinfoil hat OFF

    Ahhh...I'm being too skeptical, aren't I?

  110. Re:Denial. Brilliant! by jellomizer · · Score: 1

    So that is where the Linux is Good for the Desktop came from... **DUCKS**

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  111. I can see it now... by oahazmatt · · Score: 2, Funny

    SCO accuses IBM lawyers of corrupting Judge: IBM: This isn't the code you're looking for. Judge: This isn't the code I'm looking for... IBM: We can go about our business. Judge: You can go about your business... IBM: McBride's got the body of a baltic hooker in his trunk...

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
  112. Re:Denial. Brilliant! by Quantam · · Score: 1

    [i] Mod: -5, Bush troll. Additional Mod: -3 Probably Microsoft troll.[/i] Score:4, informative (also insightful) Today's Slashdot moderator IQ rating: roughly equivalent to that of a slightly-smarter-than-average walnut.

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  113. Re:Denial. Brilliant! by Rimbo · · Score: 4, Insightful

    Unfortunately the "sorry bunch of wankers" is having a negative effect on Linux's reputation. Founded or not, their claims just add to the FUD that Microsoft puts out to combat Linux's spread, and it's having a significant effect.

    It did for the first 6 months of the case. But recent studies have shown that pretty much nobody cares about it any more; if anything, it's accelerated adoption, because the continuing lack of evidence from SCO is making Linux look more stable, not less.

  114. Re:Denial. Brilliant! by HangingChad · · Score: 1
    In a statement issued by CEO Daryl Whats-his-face

    So later he'll be able to tell the grand jury that he never actually mentioned McBride's name but referred to him only as Whats-his-face, the SCO CEO. And that it's only a crime if the CEO had been stationed overseas within the last five years.

    Later he'll change that story to say he actually first got McBride's name from Robert Novak. And he'll keep stone-walling and changing the story hoping that the next Supreme Court nomination will take the heat off.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  115. Re:Denial. Brilliant! by jbolden · · Score: 1

    I think it may have a positive effect. Everyone on /. knows from the start this was a BS case. OTOH the mainstream tech media didn't treat it like that at first. They were very supportive. They can't now turn around and say it was always a BS case. The impression that is going to be left on people is:

    1) Linux has no copyright violations
    2) Linux has no series patent violations
    3) The GPL has been seriously tested in court and means what people think it means

    I'm not sure this doesn't end up being a positive which helps Linux play down the damage when their is a real suit (particularly on issues 2 and 3).

  116. Re:Denial. Brilliant! by jbolden · · Score: 1

    Its worse than that. Think about what that memo means

    In Aug 2003 a year after this was written SCO accepted money for "Linux licenses" which were protections for customers against copyright violations in Linux. If they knew such violations didn't exist then it seems to me

    1) There is a misrepresentation of fact
    2) The misrepresentation is intentional
    3) The purpose was to induce payment

    Unless they can find a further violation between 8/02 and 8/03 that's what's required for a DA to get involved.

  117. Re:Denial. Brilliant! by jbolden · · Score: 1

    Question! How about hold them responsible? Its now been shown that

    In Aug 2003 a year after this was written SCO accepted money for "Linux licenses" which were protections for customers against copyright violations in Linux. They knew such violations didn't exist then it seems to me

    1) There is a misrepresentation of fact
    2) The misrepresentation is intentional
    3) The purpose was to induce payment

    Send Daryl to jail.

  118. Re:Denial. Brilliant! by Anonymous Coward · · Score: 0
    Who'd of thought sco would resort to such a thing?

    Who'd have ...

  119. Re:Denial. Brilliant! by Anonymous Coward · · Score: 1, Funny

    No, thats where Linux isn't ready for the desktop came from.
    I get nothing to duck from!

  120. Re:SCO IP website has a Swartz memo with IP copyin by UnknowingFool · · Score: 1
    It appears that Bob only compared code using ef. He postulates on a number of reasons why sometimes identical code could have appear. One of the possible explanations is that they came to both Linux and Unix from third parties like BSD. Bob, however, incorrectly assumes that, barring this explanation, similar code must have come from Unix.

    Bob did not appear to remove any non-copyrightable items. His job was just to find similarities. He does defer to a copyright lawyer or Mr. Davidson. Davidson's response three years later says nothing incriminating was found.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  121. Oh Man! by B11 · · Score: 0

    I just finished writing void on the $699 check

    --
    insert inflammatory anti-microsoft comment here
  122. You've got the hand it to McBride by DynaSoar · · Score: 1

    It takes a lot of balls to deny your leg is caught in a trap, at a time when most would be chewing their leg off. Or else his CEO pay is tied to the selling price of SCO.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  123. Re:Denial. Brilliant! by rodrigogo · · Score: 1

    WTF as it to do with Mircro$oft?!

    SCO can babble as long as they want, they obviously won't get anywhere. When they lose they'll have to pay the costs....heehee :)

  124. Reminds me of a Monty Python sketch... by Tanmi-Daiow · · Score: 1

    I imagine that court room sounds something like this

    --
    "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive." - C.S. Lewis
  125. Re:Denial. Brilliant! by Winkhorst · · Score: 1

    Sorry, guys. I just couldn't remember the guy's name and had a major lazy attack.

    --
    "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
  126. Re:Denial. Brilliant! by pcmanjon · · Score: 1

    Is there any chance this guy can be called to the stand and QUESTION what he meant? Instead of the lawyers saying it was "LITERAL"?

  127. DIDiot by Anonymous Coward · · Score: 0

    What that Didiot saw then?

  128. Has become taboo? by Joseph_Daniel_Zukige · · Score: 1

    "Might makes right" has been around for a lot longer than the general argument about people having fundamental rights.

    It's part of the human condition to believe that power justifies.

  129. And my wang is by GoMMiX · · Score: 1

    14" long....

    Right.

  130. "cases where there is line-by-line code" by Omnedon · · Score: 1
    "We're finding...cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code," McBride said in an interview. In addition, he said, "We're finding code that looks likes it's been obfuscated to make it look like it wasn't UnixWare code--but it was."

    http://news.com.com/2100-1016-999371.html

    So what happened to all of the "line-by-line" copying? C'mon Darl, it's either there or it isn't. You yourself said there is "line-by-line" copying of code. But now there is no "literal" copying of code, only obfuscated code.

    Or does "line-by-line" somehow equate to something other than "literal"?

  131. Re:Denial. Brilliant! by Alsee · · Score: 1

    Daryl refused to elaborate on which areas of the world he thought "looked" flat.

    That would be the Alps.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  132. Re:Denial. Brilliant! by pallmall1 · · Score: 1

    Daryl refused to elaborate on which areas of the world he thought "looked" flat.

    That's an easy one to answer: the heads of his corporate board members. It's hard to find such mathematically perfect flatness in available surfaces.

    Now that's funny. Maybe they can put some of that new Fujitsu electronic paper on their heads to display their latest claims. It uses little power, so their ears won't smoke from constantly changing their story.

    --
    3 things about computers: they're alive, they're self-aware, and they hate your guts.
  133. Re:Er.. The GPL depends on strong copyright law. by jcorno · · Score: 1

    Um...I didn't think that through very well. My mistake.

  134. Re:Denial. Brilliant! by Billly+Gates · · Score: 1

    Yep and Microsoft is having a a kick with it.

    Go look at the red banner titled "Will my business be protected from an intellectual property dispute? ".

    Last, all the companies that switched from Linux to Windows are mentioned on the bottom mostly due to legal issues. Assholes

    It astounds me this is legal and MS is funding sco and all the studies yet is totally getting away with it.

    Linux's reputation is damaged quite bad.

  135. Re:Denial. Brilliant! by Billly+Gates · · Score: 1

    Actually Microsoft is siting partners who switched from Linux to Windows because of liability issues.

    Go look at the red banner on the top titled "Will Linux protect my business in an I.P dispute?" on the site linked? It takes time for corporations to switch to different platforms and its picking up if you read slashdot alot. A see a ton of comments here about new IT policies forbidding gnu and migrations from Apache to IIS as a result of SCO and Microsoft's funding. MS has trained their salesteam as of recently to target CIO's directly with a whole bunch of scare material.

    Microsoft salesmen today now have all glossy brochures and talk to the CIO's directly about the dangers of opensource and mention companies switching. Its having an effect now that MS has marketware material and statistics to show. When CIO's here liability they always blink and bend over.

  136. Hey! by Anonymous Coward · · Score: 0

    Ues teh "Preivwe" butttno, yuo stpuid cutn.

  137. My, you're a *sassy* one, aren't you? by Rogerborg · · Score: 1

    Who's an angry little geek? You are. You are.

    --
    If you were blocking sigs, you wouldn't have to read this.
  138. Maybe you should by Rogerborg · · Score: 1

    Get an actual job developing for embedded environments which don't upgrade to the latest version of a filthy commie compiler every time it comes out.

    --
    If you were blocking sigs, you wouldn't have to read this.
  139. Meta-Modding by Anonymous Coward · · Score: 0
    Not-a-troll.

    Some people just don't get "funny", do they?

    Also. Funny mods should counter down-mods, even if they don't give positive karma, IMO.