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SCO Demands Linux 2.7 Information
dr_d_19 writes "According to Groklaw, SCO is now demanding IBM to turn over 'all documents concerning IBM's contributions to the Linux 2.7 kernel, including development work'. Of course, there is no 2.7 kernel and no plans at all to create one."
IBM just hasn't released it yet. Bastards.
Note to mods: I'm probably being sarcastic.
SCO does not, and has never had a firm grip on reality. This is news?
Everyone knows that linus is going "corporate", and playing the version game.
Next linux versions according to the roadmap:
Lets hope that biff, darl, and kevin don't read slashdot, or the jig is up!
...either that, or a empty box.
Ed Wedig
Graphic design services
docbrown.net
"Your Honour, we propose that there may be a Linux 2.7 kernel in... you know... that other dimension where Spock has a beard."
Trolling is a art,
What do you want to bet that once the 2.7 kernel does come out that SCO points at the IBM contributions and claims perjury? Actually, that's probably the strategy they're going with here in the first place.
I used to read Caltizzle. I was a lot cooler than you.
Document requests in discovery are governed by Rule 34. One of the provisions of this rule is that the respondant has 30 days to answer the document request.
IBM will say "sorry, we don't have any of the documents you've requested because they don't exist"
Sure SCO looks bad, but i don't think this is a case of everybody "laughing so hard we won't be able to hear you if you mumble" as TFA suggests.
The way I see it, IBM has two very easy answers to SCO's request.
1) Hand them a blank piece of paper.
2) Attach a bell and a whistle to a CD containing the source for the latest 2.6 kernel.
Oh, a lesson in history from Mr. I'm my own grandpa.
...they should get copies of the patents for that perpetual motion machine.
This way to the egress...
To most of us, SCO has been purely laughable for a long time already. /ever/ stop?
But as long as it can stay in the news, it will keep damaging Linux's reputation; other pepole keep hearing the general news of "Linux being under attack".
The big question, and what we should hope for is: when will SCO's whining
Last time I checked(admittedly, it's been a long time), odd numbered kernels are the kernels where major changes are made. Couldn't it be said that SCO is really asking for future plans on major additions to the kernel in asking for planned additions to 2.7, rather than simply asking for data about a piece of code which does not yet exist?
It's been a long time.
While I usually go easy on people for making typographical errors like this, and dislike nit-picking over such things by an online community of hecklers, it's pretty funny.
FYI, to those who haven't scanned the pdf, they also request:
So it doesn't seem to indicate that the memo is null and void, or that the lawyers don't know anything about technology, just that the lawyers are being very hasty and don't check their facts. Of course, SCO has not demonstrated much regard for "facts" at all in this case.
Its my turn to threaten legal action against the company of SCO if they don't immediatly hand over any remaning quantities of what they're smoking and the phone number of the guy they got it from.
Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
I have posted before wondering why IBM would allow such a stupid suit by SCO to continue for years. But maybe this unmitigated autodiscredit is the payoff. IBM's lawyers have worked hard for years on tough stuff. Maybe this gig is just a payoff, an IBM lawyer's wet dream.
--
make install -not war
Said who?
Why are we assuming that, since we're in the 2.6 branch that they have no intention of moving into a 2.7.
Isn't that called development?Second of all, why would IBM have information about it? And why does SCO care?
I am now convinced that someone at SCO has flipped their lid and become a paranoid schizophrenic. Either that, or they are aiming at a career on the Comedy Channel once SCO sinks without trace.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
More evidence of the giant corporation stonewalling justice.
:)
They have to write SCO System VI somehow.
The boldfaced line is the only one in the motion where the "2.7" appears.
Now, do you really think that they intended to demand code contributed to a nonexistent project? Or that perhaps, just maybe, someone fat-fingered "2.6?"
In other words, this is most likely just a silly typo. Nothing to see, move along.
Grokster had the 2.7 kernel code for download...
Kind of off-topic, but your signature is also a bit embarassing:
Last I looked, Referrer is spelled with 4 "r"s, not one OR 2.
R - e - f - e - R - R - e - R
(capitalized/capitalised* so you can't miss them)
*spelling varies depending on continent :-)
Strange. I'm as skeptical about the US as the next guy (and I live just across from France, dont'cha know?), but I never even considered SCO's corporate asininity as an "American thing" until you mentioned it.
After a little reflection, I still don't view it that way. IBM, after all, are the good guys here and they're American too.
IMO, it's a "stupid company thing". And believe me, there are quite a few of those outside the US, too.
Sean Ellis
Follow OfQuack's antics on Twitter.
Linus has a notes about Linux 2.7 on a few bar napkin. Many are just pictures of a penguin pissing on a grave stone with SCO carved in it.
Someone hinted that it'd be damned cool if Linus went and sent out an email, announcing 2.7, with the content in a file or the email to the effect of: "This Release Intentionally Left Blank" and then release 2.8/2.9.
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
Pillow transactions with the tooth fairy. Yeah baby!
picpix image polls. create - share - vote. fun!
Most of us have been keeping this a secret, but the 2.7 series source is on a HD-DVD disk hanging from a sky-hook in the basement of the Alamo.
In this new motion, SCO is not only saying that she really did order IBM to produce Linux code, but adds a new version (which they also have not previously mentioned) to the list. They're telling Kimball that Wells misunderstood her own orders.
With the cajones on these guys, it's a wonder they can walk.
===== Murphy's Law is recursive. =====
If the following forum is anything to by, people are talking about it:
Linux 2.7 kernel
Even if it is not necessarily in active development, people are talking about what they would like to see.
Jumpstart the tartan drive.
The big big issue in this is the order in which discovery is occuring.
In a normal court case, when you file the case you need to identify with specificity what your claim is.
In this case, at a minimum, SCO should have detailed, with specificity, what code they beleive is copyright / contract violated and why during the discovery process by now.
This 2.7 thing is a nitpick honestly. The fact that IBM probably has only a limited clue on the details of the copyright and contract claims is a much much bigger deal.
These claims need to be detailed so they can be addressed. They need to identify WHAT Sco says it owns, WHICH contract provision were violated etc.
Surprised there hasn't been more of an effort in this area, and am almost certain that whatever SCO comes with up will continue to be vague. Make that a predicition, IBM will file a motion for clarification after fact discovery ends. They should be getting this on the judges radar NOW however.
Interesting case though.
IANAL, but I've seen the inside of the Courtroom, alas.
First of all, the Court generally allows very wide latitude in discovery, certainly including such wild speculative fishing trips as this one. The principle is that the parties should have maximal access to any information that could even conceivably help their case. Not just in the interests of justice, that is, so that the parties can make the best case they can, but also in the interests of finality. You don't want the loser appealing the judgment or otherwise coming back to Court again because they can argue some sliver or other of information wasn't available, and if it had been it might've made all the difference, blah blah blah. You want people to believe the Court gave the losing party every conceivable imaginable chance to make their case -- and they just couldn't.
IBM knows this, too, of course, and that is why they cooperate in the discovery, and why they won't settle. They want the SCO lawyers to make the very best case that can possible be made, so that after SCO loses, this issue is dead, dead, dead and no one will even think about bringing another case like it ever again, and no Court will ever entertain it. IBM does not hire stupid lawyers.
Sorry, but this doesn't make America great at all. Things that were done in the distant past are not a reason to respect something or someone today. Yes, America's founders were wise men with great ideas, but guess what? That was over 225 years ago. Rome had some great achievements too, but you don't see anyone talking about how great the empire of Rome is now do you? Or what about the Greeks? They sure did some amazing things too, several thousand years ago.
What's important today is what America is doing today. What great things has America done recently (as in the last 10 years; usually people want to talk about WWII for some reason, which was over long before they were born)? As an American, I can't think of a whole lot.
... IBM now has to provide extensive documentation to convince the Court that they do not have a 2.7 kernel ... while SCO simply claims that IBM is hiding the 2.7 kernel and will "prove" it once IBM finally complies with SCO's request to turn over everything done by anyone, ever, on any project under any contract.
WAIT! Before you hit that "FUNNY" mod!
SCO HAS demanded access to information/code that a developer (who may have existed) may have written on a computer that may not have been uploaded to a server because it may have been in a "sandbox" and THAT code may be the code necessary for SCO to "prove" its case.
Because maybe that maybe developer may have done something that may not have been allowed under a contract that may have covered what that maybe developer may have done on a machine that might have existed, in a sandbox that might have existed, that may not have any other record.
Wikipedia's got some web-based Ibuprofin for them thar migrane. The Story Thus Far:
This should get you started in learning all you need to know to get you caught up. Hope this helps!
Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
Remember the whole exercise, from Darl's perspective, is to keep things alive for as long as possible to keep pumping money into legal fees etc. The best way to do this is to open up a new can of worms.
Engineering is the art of compromise.
Linus did come up with some whacky versions numbers at various points in the kernel history. In mid 1992 there was 0.95c+
(S(SKK)(SKK))(S(SKK)(SKK))
SCO announced that it has appointed a new CEO, Muhammed Saeed al-Sahaf, to carry on with the lawsuits against IBM. You may remember Muhammed Saeed al-Sahaf from his former position as the Iraqi Information Minister.
http://www.welovetheiraqiinformationminister.com/
Why did I lurk so long before registering for a Slashdot account? I could have had a Slashdot ID of less than 100000.
Ever heard of The War of 1812? This was started by corporations and corrupt politicians less than 40 years after the country was founded. The corporations involved were mostly international fur companies, who had offices in the US, the Canadas, and the UK. The politicians were those with little power who wanted a larger influence in government -- so they painted the Indians and Canadians as evil foreigners who were out to invade and terrorize US soil, while invading Indian and Canadian territories as a pre-emptive strike, and also to "liberate" these places from the "freedom-hating" British.
I think it's more accurate to say that what goes around comes around. I'm sure there were lawsuits similar to the one SCO is involved in way back in 1776.
(Not to say this is an American thing -- such lawsuits and power grabs exist in the earliest records of "civilization").
Shouldn't this whole thing be under the "From the Mysterious Future" department?
www.eFax.com are spammers
...to the demand with a single page containing the words "THIS PAGE INTENTIONALLY LEFT BLANK".
... it is reported that SCO have subpoened an individual named John Titor, in the belief that he may have a copy of the 2.7 release or later, although lawyers are unsure where to send the letter as the address does not exist yet.
Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
The complete lack of evidence that a 2.7 kernel exists and IBM has contributed to it is just further proof that IBM has hidden not just their own contributions but everyone else's as well. The obvious solution is then to demand more "fact discovery" and sanctions against IBM for so effectively hiding this evidence.
They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
Ben
In this light, if IBM did make any casual remarks to 2.7 in its docs then it's IBM who looks like it's hiding development, code, or plans for a future development. Whether it existed or not, the 2.7 kernel was probably referred to as an abstract, future target. If it was mentioned in internal docs, then this call for the missing 2.7 information is just SCO putting IBM's lawyers noses to the grindstone and giving them a complicated distraction to have to explain away to the court.
True, it will amount to nothing in terms of their accusations of stolen code. The 2.7 kernel doesn't exist. But in the final weeks of discovery, it may be a more valuable way to pull IBM's lawyers' focus off other aspects of the case.
What great things has America done?
Let's look at Iraq:
USAID reports significant progress
In the areas of health care:
* Vaccinated over 3.2 million children under five and 700,000 pregnant women with vaccination campaigns and monthly immunization days.
* Provided supplementary doses of vitamin A for more than 600,000 children under two and 1.5 million lactating mothers, and iron folate supplements for over 1.6 million women of childbearing age.
* Screened more than 1.3 million children under five for malnutrition and distributed high protein biscuits to more than 450,000 children and 200,000 pregnant and nursing mothers.
USAID addressed urgent water and sanitation needs to prevent disease outbreaks:
* Provided potable water for 500,000 persons each day in Basrah, Kirkuk, and Mosul.
* Repaired 1,700 breaks in Baghdad's water distribution network, rehabilitated water treatment facilities in four governorates, and repaired over 100 sewage pumping stations, rainwater stations and collapsed sewer lines in 6 governorates.
* Procured supplies to service water treatment facilities in Baghdad and other cities.
USAID programs enhanced the effectiveness and long-term impact of health services:
* Provided skills training for 2,500 primary health care providers and 700 physicians. Trained 2,000 health educators, teachers, religious leaders and youth to mobilize communities on hygiene, diarrhea, breastfeeding, nutrition and immunization issues.
* Disseminated information on essential health messages to families around the country.
* Renovated 110 primary health care centers and provided basic clinical and laboratory equipment to support the delivery of essential primary health care services to 600 primary health care centers.
* Provided vaccines and cold chain equipment to selected remote health centers.
* Developed a national plan for fortification of wheat flour with iron and folic acid.
* Re-established the national disease surveillance system.
Not to mention:
* Power
* Operations and Maintenance
* Agriculture
* Marshlands
* Food Security
* Humanitarian Assistance
* Vocational Education
* Business Skills Training
In Indonesia, USAID reports $3.9B in US aid for tsunami recovery.
I could go on and on with financial helpd, educational assistance, political support and more, but come to think of it: You're right. We stink. We are imperialistic conquerers who destroy foreign governments and enslave their people. In the name of all that is good and right, we should be destroyed by the good and freedom loving people around the world. Let the destruction begin. Americans are evil and stupid.
Give me a break!
But Herr Heisenberg, how does the electron know when I'm looking?
...I think there's just no place stupider for SCO to go, somehow - they surprise me. Every time. Maybe IBM should just ship a cd full of the
Solaris 10 source code and see what happens next...
Ladies and gentlemen of the supposed jury, IBM's attorney would certainly want you to believe that his client wrote "The 2.7 Linux kernel" ten years ago. And they make a good case. Hell, I almost felt pity myself!
But ladies and gentlemen of this supposed jury, I have one final thing I want you to consider: Ladies and gentlemen, this [pointing to a picture of Chewbacca] is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. THAT DOES NOT MAKE SENSE! Why would a Wookiee--an eight foot tall Wookiee--want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!
But more important, you have to ask yourself, what does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense.
Look at me, I'm a lawyer from SCO, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense!
And so you have to remember, when you're in that jury room deliberating and conjugating Linux source code... Does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.
If Chewbacca lived on Endor, you must convict IBM! The prosecution rests.
...with two followups taking me seriously, and one 'Informative' mod, I was thinking I was going to have to give up sarcasm completely, and switch to slapstick.
..." -- no, wait, that's somebody else's sig.
--
"I see how it is - the fat man makes a pun and everyone wets themselves; I
Read the best of all of Slash: seenonslash.com
Ah yes, Col. Twopointseven. I served with him in e'Nam under General Protectionfault. Yeah, those were the times. Just me, Col. Twopointseven and Private Member. Twopointseven came from Int, Maine - whenever he got the chance he'd go and bicker about the town of Void, Maine, which apparently seemed to be inhabitated only by strange people who'd regularly turn blue and crash somewhere. Apart from that Twopointseven wasn't very communicative - he didn't care much about Smalltalk or the nice Java Private Member sometimes brewed, but he did like the sea and sometimes he told us that he wanted to become a great constructor. Well, over there in the jungle his chances to do that were exactly NULL. Perhaps it was a pointer showing him that he shouldn't run atfer FALSE hopes or something... Yeah, you become philosophical like that when you're sitting in a dank shack on the wrong side of the globe, smoking your last #imported cigs while the Apaches are taking off.
USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
And speaking of 'Precioussssss' IP which has been stolen from us, all of new Zealand belongs to us. The current residents must all get expensive licenses.
MS set us up the bomb. All your human thought are belong to us!
Yes. Yes I do. The very fact that you can casually refer to ancient Greece and Rome and be understood actually says a lot about HOW great they were, and that they have been considered so for quite a long time.
"Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.