If SCO does not produce the "derived code" with specificity, IBM will ask for a summary judgement, perhaps with prejudice that very day....and to quote Arlo Guthrie, "....and the judge isn't going to look at the 27 8x10 color glossy photographs with the circle and arrows and a paragraph on the back of each one...." if the case has already been thrown out.
Even better, IBM doesn't have to show anything before SCO shows their stuff and IBM's AIX stuff is limited to things that they have already offered to show.
Read PJ's take on this.
JoAnn
The judge gave them plenty of time. She was very accomodating in the scheduling. SCO has no excuses here.
From the Dec. 5 transcript....thank you P.J. at groklaw.com!
Mr. Marriott, I would ask that you prepare the order in this matter and submit it to me no later than Wednesday of next week. Assuming that it is an appropriate order, then your 30 days would begin to run, Mr. McBride, from that period of time. We will set a hearing, then, for approximately two weeks thereafter, so we are talking about the middle of January, all right. Does anybody have a period of time, let's say, in the week of January 12th when you could not be present for a morning hearing?
MR. MARRIOTT: No, Your Honor.
THE COURT: All right. Does that give you sufficient time? I am holding you to the 30 days, but if we get this order signed by Wednesday of next week, let's make it even the fourth week of January, which is after the 19th. Why don't we do it Friday, then, the 23rd at 10 o'clock, again, and then we will address the remaining motions of SCO, all right.
MR. MCBRIDE: So Your Honor is not ruling on our motions at this point in time; is that correct?
THE COURT: No. I'm not ruling on your motions, and that is inherent in my order that further discovery be postponed.
MR. MCBRIDE: Very good, Your Honor.
THE COURT: We'll address them then.
MR. MCBRIDE: So and we'll, in this next -- the January hearing then we will address the -- our pending motions as well?
THE COURT: Yes.
MR. MCBRIDE: Thank you, Your Honor.
THE COURT: All right. That's with the assumption that the discovery that SCO is to complete has been completed, all right, and with the required specificity. So what my intention is, then, is to then address the motions of SCO.
MR. MCBRIDE: Just -- I'm just thinking procedurally whether we will have time to actually brief and agree upon whether we -- the specificity is required in advance of the hearing or whether we will be doing that at the hearing.
THE COURT: No. I would think that should be in place prior to the hearing. If you want a date later than that, that's fine. I don't care.
MR. MCBRIDE: Let's hold that date for the time being, and then if, for whatever reason, it appears problematic, we'll notify the Court Does that seem appropriate?
THE COURT: It does.
MR. MARRIOTT: That's fine by us, Your Honor.
THE COURT: If there's nothing further, counsel, we'll be in recess in this matter.
(Whereupon, the hearing was concluded.)
Not to mention that the case was filed back in June and IBM filed the motion to compel discovery back in October. They've had more than 3 months and the best they could come up with is this?
Clikits are crap. My daughter got a set for Christmas and they are hard as heck to snap together for 5 year old fingers. She quickly ditched the purse and pieces under her bed and pulled out her regular Legos instead.
Or hedge your bet for now. Get a second drive for that Thinkpad or just partition the drive you have if it's big enough. Run Win2000 on one and Linux in the other.
The only hitch I've run into on the IBM Linux client platform is that my Cisco Aironet card can't seem to get through with WEP turned on on my home router. Everything else runs surprisingly well.
Quit when you get pregnant! The withdrawal stinks but you'll hardly notice it at all if you have morning sickness to begin with.
In all seriousness, cold turkey worked for me. Yes, it does stink for about a week or so but then the headaches dissipate and pregnancy is a good enough reason to kick the caffeine. If you're not eligible, then quit when your SO quits.
I don't have nuts but I can vouch for this. I'm on the phone with AT&T now. They will upgrade my phone and give me a $50 credit, and waive the $1.75 services fee for 6 months. The $39.99 rate plan has some very good promotions, lots of free minutes being added in, lots.
Simply tell them you're going to switch to TMobile or other. TMobile works well because they don't charge the $1.75 911/Portable number service fee. Oh yeah...and whine about how if you switch to T-Mobile you'll get a free phone.
Also, it fits a nice niche between the immediacy of the telephone and the text accuracy of email.
IM is very handy for help desk type of support where you need to direct a user to a web site. Much easier to IM a URL than it is to clearly enunciate Double-u Double-u Double-u dot whatever dot com slash tilde unpronounceable dot H T M L.
The thing that always bugged me about this scene in the movie is the term, "air-speed velocity". Isn't that kind of redundant?
Then again, I'm the kind who yells at the Scarecrow in the Wizard of Oz whenever he tells us "The sum of the square roots of any two sides of an isosceles triangle is equal to the square root of the remaining side."
Let's see, Linus Torvalds....Linus is the name of a character from a Charles Schultz comic strip. Snoopy was also featured in that strip which is kind of like Snoop Dogg who was in Whiteboys (1999) with Rich Komenich Rich Komenich was in Novocaine (2001) with (say it with me, kids)
Cringely's takeon the same subject. Different words but some of the same thoughts. Revenue (corporate lust for profit) vs. Glory (personal lust for fame).
Cringely Quote:
When Ballmer talks about rears being on the line, what really counts at Microsoft is meeting shipping targets -- meeting business goals -- not quality targets. It is all about revenue. And there is nothing wrong with that if we all just say it out loud and admit the truth. But we don't.
The lack of a roadmap for Open Source means that there can be dozens of similar projects, some being born, some dying, and others forking into new identities. Since there is no single architect for Open Source, these projects all have to compete for manpower and user interest. Most Open Source projects die, but when they do, it is a death Darwin would understand. Every death improves the software bloodline.
Wife: "Hello Mr. Locksmith, can you come over and change all my house locks? I'll make it worth your while (nudge, nudge, wink, wink) if you have it done before my no good loser of a husband gets back from the bar."
Wife (looking outside to husband who is waiting outside the home at 4am in the rain):
Not sure what to do. AT&T is okay, if a little strange with their coverage area. I got great service out on the edge of Cape Cod last weekend but get NO SERVICE 5 miles from my house on the Taconic Parkway! AT&T is a bit pretty expensive too. But, by and large, it works.
I've been told by some Verizon employees I know to stay away from Verizon wireless. Sprint doesn't get much better grades around here either.
I also have the little Nokia phone that will not die (5160). Been dropped, stepped on, and smushed at the bottom of my purse. Had the same battery for years now and it still lives on.
So, we'll probably shop around pricewise when the ability to transfer numbers kicks in, but we may end up sticking with what we have. It ain't broke, so I'm hesitant to fix it right now.
"...introduce 5 people... and then ask those 5 people to introduce 5 more..."
Last time I heard this kind of proposition, it was from an Amway salesperson. Didn't work then either.
Pyramid growth doesn't work if there's inertia in the first few levels. And there will be lots of inertia. As soon as you tell grandma that she's got to "download" something and "install" it, her eyes glaze over, she gives you a polite, "Yes dear. Of course I'll try it." and she goes back to her AOL/IE prepackaged system to check on the grandkids' picture.
Slashdot Mirror
If SCO does not produce the "derived code" with specificity, IBM will ask for a summary judgement, perhaps with prejudice that very day. ...and to quote Arlo Guthrie, "....and the judge isn't going to look at the 27 8x10 color glossy photographs with the circle and arrows and a paragraph on the back of each one...." if the case has already been thrown out.
Timing is everything.
JoAnn
IBM has 45 days too. Which means that by they file that motion, the judge could have dismissed the case.
JoAnn
Even better, IBM doesn't have to show anything before SCO shows their stuff and IBM's AIX stuff is limited to things that they have already offered to show. Read PJ's take on this. JoAnn
Re: #4
It's not the lack of a shirt, it's the Speedo he's wearing.
JoAnn
The judge gave them plenty of time. She was very accomodating in the scheduling. SCO has no excuses here.
From the Dec. 5 transcript....thank you P.J. at groklaw.com!
Mr. Marriott, I would ask that you prepare the order in this matter and submit it to me no later than Wednesday of next week. Assuming that it is
an appropriate order, then your 30 days would begin to run, Mr. McBride, from that period of time. We will set a hearing, then, for approximately two weeks thereafter, so we are talking about the middle of January, all
right. Does anybody have a period of time, let's say, in the week of January 12th when you could not be present for a morning hearing?
MR. MARRIOTT: No, Your Honor.
THE COURT: All right. Does that give you sufficient time? I am holding you
to the 30 days, but if we get this order signed by Wednesday of next week, let's make it even the fourth week of January, which is after the 19th. Why don't we do it Friday, then, the 23rd at 10 o'clock, again, and then we will
address the remaining motions of SCO, all right.
MR. MCBRIDE: So Your Honor is not ruling on our motions at this point in
time; is that correct?
THE COURT: No. I'm not ruling on your motions, and that is inherent in my
order that further discovery be postponed.
MR. MCBRIDE: Very good, Your Honor.
THE COURT: We'll address them then.
MR. MCBRIDE: So and we'll, in this next -- the January hearing then we will
address the -- our pending motions as well?
THE COURT: Yes.
MR. MCBRIDE: Thank you, Your Honor.
THE COURT: All right. That's with the assumption that the discovery that
SCO is to complete has been completed, all right, and with the required
specificity. So what my intention is, then, is to then address the motions
of SCO.
MR. MCBRIDE: Just -- I'm just thinking procedurally whether we will have
time to actually brief and agree upon whether we -- the specificity is
required in advance of the hearing or whether we will be doing that at the
hearing.
THE COURT: No. I would think that should be in place prior to the hearing.
If you want a date later than that, that's fine. I don't care.
MR. MCBRIDE: Let's hold that date for the time being, and then if, for
whatever reason, it appears problematic, we'll notify the Court Does that
seem appropriate?
THE COURT: It does.
MR. MARRIOTT: That's fine by us, Your Honor.
THE COURT: If there's nothing further, counsel, we'll be in recess in this
matter.
(Whereupon, the hearing was concluded.)
Not to mention that the case was filed back in June and IBM filed the motion to compel discovery back in October. They've had more than 3 months and the best they could come up with is this?
I can't wait to hear Judge Wells' reaction.
JoAnn
Anonymous. Coward.
That's one small step for duct tape, one giant leap for mankind.
Clikits are crap. My daughter got a set for Christmas and they are hard as heck to snap together for 5 year old fingers. She quickly ditched the purse and pieces under her bed and pulled out her regular Legos instead.
JoAnn
Or hedge your bet for now. Get a second drive for that Thinkpad or just partition the drive you have if it's big enough. Run Win2000 on one and Linux in the other.
The only hitch I've run into on the IBM Linux client platform is that my Cisco Aironet card can't seem to get through with WEP turned on on my home router. Everything else runs surprisingly well.
Quit when you get pregnant! The withdrawal stinks but you'll hardly notice it at all if you have morning sickness to begin with.
In all seriousness, cold turkey worked for me. Yes, it does stink for about a week or so but then the headaches dissipate and pregnancy is a good enough reason to kick the caffeine. If you're not eligible, then quit when your SO quits.
JoAnn
They've hired Baghdad Bob?
JoAnn
....that tell you about our 4th quarter losses and pay attention to these letters we're sending out!!
The great and powerful McBrOz has spoken!
JoAnn
Dear Mr. McBride,
Your honor is a she.
Now pay up.
The Honorable Judge Brooke Wells
I don't have nuts but I can vouch for this. I'm on the phone with AT&T now. They will upgrade my phone and give me a $50 credit, and waive the $1.75 services fee for 6 months. The $39.99 rate plan has some very good promotions, lots of free minutes being added in, lots.
Simply tell them you're going to switch to TMobile or other. TMobile works well because they don't charge the $1.75 911/Portable number service fee.
Oh yeah...and whine about how if you switch to T-Mobile you'll get a free phone.
JoAnn
Also, it fits a nice niche between the immediacy of the telephone and the text accuracy of email.
IM is very handy for help desk type of support where you need to direct a user to a web site. Much easier to IM a URL than it is to clearly enunciate Double-u Double-u Double-u dot whatever dot com slash tilde unpronounceable dot H T M L.
JoAnn
JoAnn
The thing that always bugged me about this scene in the movie is the term, "air-speed velocity". Isn't that kind of redundant?
Then again, I'm the kind who yells at the Scarecrow in the Wizard of Oz whenever he tells us
"The sum of the square roots of any two sides of an isosceles triangle is equal to the square root of the remaining side."
JoAnn
I never realized that Linus was a star in his own right. 3 degrees from the "almighty". I'm impressed. No wonder SCO wants him to testify.
JoAnn
Let's see, Linus Torvalds....Linus is the name of a character from a Charles Schultz comic strip. Snoopy was also featured in that strip which is kind of like Snoop Dogg who was in Whiteboys (1999) with Rich Komenich Rich Komenich was in Novocaine (2001) with (say it with me, kids)
Kevin Bacon!
Thanks Oracle of Bacon!
Cringely's takeon the same subject. Different words but some of the same thoughts. Revenue (corporate lust for profit) vs. Glory (personal lust for fame).
Cringely Quote:
When Ballmer talks about rears being on the line, what really counts at Microsoft is meeting shipping targets -- meeting business goals -- not quality targets. It is all about revenue. And there is nothing wrong with that if we all just say it out loud and admit the truth. But we don't.
The lack of a roadmap for Open Source means that there can be dozens of similar projects, some being born, some dying, and others forking into new identities. Since there is no single architect for Open Source, these projects all have to compete for manpower and user interest. Most Open Source projects die, but when they do, it is a death Darwin would understand. Every death improves the software bloodline.
JoAnn
Amen.
One way to ensure that this attitude works...If I don't see family pictures on the manager's desk during the interview, I don't work there.
JoAnn
I hadn't even heard that iTunes was supporting Windows until you complained about it. I just downloaded it!
Thank you Microsoft!
Wife: "Hello Mr. Locksmith, can you come over and change all my house locks? I'll make it worth your while (nudge, nudge, wink, wink) if you have it done before my no good loser of a husband gets back from the bar."
Wife (looking outside to husband who is waiting outside the home at 4am in the rain):
"I win!"
Oh, I wish I hadn't read that. Now that damned song is going to be in my head all day!
JoAnn
(only 2500 but it was on one of those darned kids' CDs)
Not sure what to do. AT&T is okay, if a little strange with their coverage area. I got great service out on the edge of Cape Cod last weekend but get NO SERVICE 5 miles from my house on the Taconic Parkway! AT&T is a bit pretty expensive too. But, by and large, it works.
I've been told by some Verizon employees I know to stay away from Verizon wireless. Sprint doesn't get much better grades around here either.
I also have the little Nokia phone that will not die (5160). Been dropped, stepped on, and smushed at the bottom of my purse. Had the same battery for years now and it still lives on.
So, we'll probably shop around pricewise when the ability to transfer numbers kicks in, but we may end up sticking with what we have. It ain't broke, so I'm hesitant to fix it right now.
JoAnn
"...introduce 5 people ... and then ask those 5 people to introduce 5 more..."
Last time I heard this kind of proposition, it was from an Amway salesperson. Didn't work then either.
Pyramid growth doesn't work if there's inertia in the first few levels. And there will be lots of inertia. As soon as you tell grandma that she's got to "download" something and "install" it, her eyes glaze over, she gives you a polite, "Yes dear. Of course I'll try it." and she goes back to her AOL/IE prepackaged system to check on the grandkids' picture.
JoAnn