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?
...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,
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.
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
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)
You couldn't be MORE wrong than ever now could you? Linux Tovalds is not a business man. He's a communist. He believes in sharing his operating system so that he can infect machines with the biggest communist virus ever written by man. And why? I have it on good authority that he plans to utilize the Linux kernel in every computer to pull off a mass DDoS attack with millions of machines in unison against the American nations of the world. If you love American and your country you will join with Microsoft and SCO now in opposing the threat of this international terrorist by buying a copy of Windows XP for every electronic device in your house connected by a wire to the internet. Yes this even means to anything plugged into the mains because it's indirectly a channel to the internet since the grounding in all electonirc equipment is connected to everything else.
We have a plan to keep this from happening and it involves extensive litigation against Linux Torvalds and his corporation IBM. The big blue has been infected and is to be financially quarantined until further notice. Only buy stocks from true red blooded American nations like Seattle where Microsoft is and Utah where SCO is and invest in your country. All Americna nations of the world unite against this threat!!! We will not let the communists win! We will not let the spirit of sharing without earning prevail!! We must fight back against the oppressors linke teh Linux Tovalds and teh BSD!!!!!! Join me!!!
-"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
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.
... 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.
... 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
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.