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Judge Calls SCO On Lack of Evidence
Rob writes to mention a CBR article on Judge Wells' assessment that SCO just hasn't made its case against IBM in the well-known and long-lasting legal battle. The magistrate called the lack of evidence inexcusable. She further likened their claims to a shoplifter being handed a catalog for a store after being stopped, and being told 'what you took is in there somewhere, figure it out.' From the article: "In the view of the court it is almost like SCO sought to hide its case until the ninth inning in hopes of gaining an unfair advantage despite being repeatedly told to put 'all the evidence... on the table' ... given SCO's own public statements... it would appear that SCO had more than enough evidence to comply with the court's orders." Groklaw has coverage of the decision, and the complete text from the judge. Update: 06/30 15:14 GMT by Z : This story bears more than a passing resemblance to this one from Wednesday. Sorry about that.
This case was lost in the public court of opinion long ago, I'm kind of surprised it's even still going on. Apparently the judge is of the same mind.
What you may have missed is that SCO's parent company released a lot of source code under the GPL- and once released they can't 'unrelease it' later. As a result it was perfectly legal to use a lot of those files in Linux. Besides, don't you think that SCO would have shown this source code to the Judge if they had a case at all?
You are reading a copy of my copyrighted post.
Fuck off, troll.
Since nobody outside SCO except perhaps the MoGTroll, Didiot, and a few people who were paid to look at it, have seen it, I call bullshit - or should I say backinfullforce-shit.
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Both SCO and Linux can legally take anything they want from the BSD code base - so they would have the exact same comments, etc.
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The LKP module that SCO had to yank is a good indication that copying went from Linux to SCO Unix, and not vice versa;
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Header files? Sure, for things like POSIX, they WOULD be the exact same. No copyright infringement.
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Those "millions of lines of code" in Blepp's suitcase seem to have disappeared.
Stock scam. That's all it ever was, after the extortion attempt failed.Anybody here think that this resembles some guy dealing with his girlfriend/wife who is mad at him..
Him: What did I do?
Her: You know what you did, and if you don't know, I'm not telling you.
I would now like to see the SEC and/or the major SCO stockholders (non-MS obviously) hold the executive team accountable for this major company loss of money, business, and most of all CREDIBILITY in the technology market. Those Linux-using companies that SCO intimidated into buying indemnity licenses should further pursue legal action to get their costs back, with punitive damages to boot.
In my mind, this strategy of theirs fits right in line with the same kind of covert accounting strategies that Enron/Worldcom/etc were investigated for, where the EXECUTIVES themselves were held accountable to the tune of big $$$ and jail time.
Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
The shoplifting analogy isn't quite there.
Actually, it's as if you walked out of Neiman Marcus, a security guard accused you of shoplifting, and then refused to tell you what you shoplifted.
Then, the guard pulls over his buddy, respected Yankee Group Laura Didio. She looks in your bag, then looks at the Neiman Marcus catalog, and announces on national media that you have stolen something from Neimann Marcus but she won't say what it is.
Three years later, during trial, the guard is still unable to explain what you stole from the store.
Laura is such a two-faced windbag! She spends months berating Linux and IBM -- hell, she's seen the supposed evidence, and now she's doing an about-face so she can proclaim that as an industry analyst, her forcasts are "spot on".
The Yankee Group (and especially Laura) wouldn't know their own asses from a hole in the ground.