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SCO Vs. IBM Leaks Exposed
Xenographic writes "Remember all the fuss about SCO subpoenaing PJ of Groklaw, where they allege that she's funded by IBM because she once got a publicly available document from a volunteer at the courthouse a little before it hit the Court's website? That's nothing. Groklaw has evidence that other materials have been leaked in this case — but they weren't leaked to Groklaw, and they weren't leaked by IBM. Information about the sealed materials in question made its way to Maureen O'Gara, who wrote a story based on inside information, displaying a positively uncanny insight into what SCO was planning, including far more than just the sealed document a SCO lawyer read out loud in open court. Interestingly, several witnesses report that Maureen O'Gara did not even attend that hearing, leaving us to speculate about her source."
http://www.groklaw.net/article.php?story=200704072 21422994
OK not really but you can make a case that SCO relies on ibiblio servers donated by IBM. Therefore SCO is supported by IBM just as much as Groklaw is. LOL
Since it was a sealed document that O'Gara spoke of, then it must have been either SCO or IBM which revealed it to her...
But IBM isn't that dumb and has much more to lose than SCO by not following procedure. Oh, and did I mention that SCO was the one which attempted to read a sealed e-mail in open court? So I think SCO, in addition to all their FUD, is now on the breaking-rules path.
"All you need is ignorance and confidence; then success is sure." -- Mark Twain
I was thinking "Jesus Christ! You put in a wikpeida link for anything http://en.wikipedia.org/wiki/Anything and you get modded up." Only after visiting the link on a lark did I realise it was actually law related. Those who might be similarly disposed, take a look at the wikipedia links before judging ;)
It goes much deeper than that. SCO wants PJ's deposition to be taken in the Novell case and be used in the IBM case AFTER the time for depositions in the IBM case has expired. This is another attempt to get claims into the IBM case and waste more time there forcing IBM to answer yet another silly SCO memo. It is an end run around the IBM schedule as well as what you posted.
B.
This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
Dear god, please, please stop using the word "incredulous" as though it were a synonym to "incredible." A person who has a hard time believing something is "incredulous"; the thing they have a hard time believing is "incredible."
No, pretty much not. The problem with the moderation on slashdot is that it depends on the same fucking morons who read and post to do the moderation. They don't bother thinking about/reading the articles before commenting, why bother with either when judging comments?
Short answer: The court system is always slow, but this case is taking at least twice as long as it normally would, for various reasons that all boil down to SCO not wanting to get to trial.
Long answer: It's not unusual for one of the parties in a court case to try to drag it out, so obviously it's the responsibility of the legal system to make sure that doesn't happen -- too much -- and the system is reasonably good at that. However, it's always the defendant who wants a long, drawn-out trial, in the hopes that by the time the court gets around to ruling the issue will have become moot. So, the legal system is designed to allow the plaintiff to drive the process forward, since the plaintiff is generally interested in getting a judgment ASAP.
In this case, however, it's the plaintiff who has been dragging his heels since the first day, because SCO never really wanted to be in court anyway, because they know they can't win. IBM's ability to drive the case forward is somewhat limited because of their position as the defendant, and anyway they seem more interested in making sure that SCO is crushed into molecule-thin paste than rushing things. The judges appear to have recognized quite some time ago what's going on, and their actions have been mixed. On the one hand, they don't want this thing on their dockets any longer than necessary, so they've been trying to define and follow strict schedules. On the other hand, they definitely don't want this thing coming back to them, and SCO is obviously going to appeal if they lose, so they also have a motivation to take their time and make the case appeal-proof. The best way to do that is to allow SCO lots of latitude, and SCO is quite happy to use every opportunity to slow things down.
Even worse, there are other cases involved here as well, including the Novell v SCO case, which is being heard by the same judges as SCO v IBM. Based on the various scheduling orders and when the judges finally decided to dig in their heels and refuse any more delays, SCO v IBM would be moving fast right now, probably just about ready to go in front of a jury, but the Novell v SCO case was filed last year. Since Novell v SCO will resolve many issues that apply to SCO v IBM, it makes sense to resolve them first. Not only that, but Novell's pushing hard for an early resolution (typical plaintiff behavior) because their claim is that SCO owes them lots of money and the more of it SCO spends fighting IBM, the less will be available to pay Novell. So, Judge Kimball made a decision that Novell v SCO should go first. Very sensible, except that Novell v SCO was just filed last year (or maybe late 2005?) and is still in heavy discovery. The discovery phase will be much shorter than SCO v IBM's was, largely because Novell is driving it hard, but it'll still take a year or so. In the meantime, SCO v IBM just has to wait.
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