The GPL only states that if you choose to release (distribute) the code, it must be under the GPL.
Actually, that's one of the things that some people want to change, though I have no idea how they'll pull it off.
Yeah, and that's unfortunate, because the right to create private modifications without having to distribute them is a right I want to see remain.
But instead of redistributing it to others, you can just make your derived work available as a service (for example, a web app). You don't distribute the software -- it always runs on your computer, but simultaneously is used by other people.
Hmm. It seems to me that there is a clear distinction between having a privately held and used derived work, and having one available to everyone through web services. The problem which I don't have an answer to is how you express that difference in legally enforceable terms.
If that difference can't be delineated, then I think that enforcing GPL clauses on creation will cause more problems than it solves. For instance, I hacked five or so lines of a joystick device driver to make it work better with a game i played. it was indeed a hack, not clean at all, so I never submitted a patch. Would I be breaking the law if the driver used this hypothetical GPLv3?
I hope these problems can be solved. As you say, it would be a shame if the GPL were subverted so easily just by having code run on a server rather than a client. But, I figure Eben Moglen is the man for the job.
The ideas in '1984' always seemed a little simplistic and naive to me. In a society that values fame and media exposure so highly, wouldn't it be easier to get us all to spy on each other?
That was definitely an element in 1984. People were encouraged to turn in anyone they caught committing a crime. I recall a child turning in his own father for Thoughtcrime.
It was a complete atmosphere of paranoia and mistrust. Not just the eye of Big Brother, but your fellows as well.
Yes, because only by monitoring everyone's porn browsing can we stop terrorists. But you raise a good point! So along the same lines, I have a question of my own.
Which is more important:
Not being raped by a herd of goats
or
The lives of thousands or even millions of Americans that could be slaughtered in a terrorist attack?
Obviously the later is more important. So down on all fours, bucko. No, no, too late to protest now. We have to Fight Terror!
However, there IS a legal DVD of Nausicaa with English-language subtitles: The IVL Entertainment's R3 release. That is, if importing it still is legal, and if region-free DVD players are still legal...
They're legal... and I use Xine with DeCSS, so I don't think it matters much anyway.;)
Although this is interesting... In my google search to try to find "IVL entertainment nausicaa", I found instead that apparently Disney is going to be releasing nausicaa on DVD this month.
Sweet! Especially because my fansub is in VHS format, and I fear for its longevity.
If you want Japanese cartoons before they're released in English, learn Japanese.
It's not a matter of "before". Many shows and movies are never translated. There is no legal way to aquire them, and "learn Japanese" isn't an answer and you know it.
Every fansubber I've ever dealt with has stopped providing tapes as soon as the title is going to become available (e.g. when Disney signed with Studio Gibli for all the Miyazaki films like Princess Mononoke all the fansubs for Miyazaki films vanished). Yet there is still no way for me to get a legal subtitled version of Nausicaa, so I'm keeping my fansub. If Disney releases it, I'll buy it.
Realize that fansubbing was going on in ernest at a time before the general anime craze in the U.S. This was back before you could find a whole aisle of anime at Fry's and Best Buy. This was when a video store's "japanimation" section consisted of Akira and a couple random episodes of Sailor Moon.
Copying isn't stealing. When the owner of the material isn't even trying to sell it to you, then there isn't even the hypothetical loss of revenue argument. To then call that STEALING is just being a SYCOPHANT.
Now why is that "pure evil"? Why shouldn't an executive be rewarded for helping out a developing economy like India's, even at the (relatively lesser) expense of an economy like ours?
If the executive cares to do that, he can hire an Indian employee, keep the American employee, and take a pay cut for himself. Nobody has lost their job, and he is still rich but with a soul -- everybody wins. Instead he makes more money for himself, and will ditch the employee from the "developing" country as soon as it "devlops" wages that are higher than somewhere else.
I appreciate your devil's advocacy, but it's damned hard to sell greed with a circumstancial positive outcome as "good" when you could have no greed and better positive outcomes.
And yet, when an Indian programmer gets an outsourced tech job, supposedly "stealing" it from a good ol' American programmer who is thereby forced to live a slightly less affluent lifestyle, he's pure evil.
No, it is the executive who pockets the difference in salaries who is pure evil. The American gets to live the "slightly less affluent lifestyle" of being unemployed, an Indian gets a well paying for India but not so great paying for here job, and some person who is already wealthy beyond either employee's dreams gets another million dollar bonus for saving the company money.
My problem with outsourcing has nothing to do with Indians getting tech jobs. My problem with outsourcing is that it is just another way for money to be siphoned away from the lower classes into the hands of the extremely rich.
Concentration of wealth is what is hurting us, not offshoring. Offshoring is just the symptom of a system that we know is killing us but we can't seem to do anything about. Getting mad at the cheaper labour that replaces us is just misplaced anger.
Do all of these people who hate Jar-Jar really have no problem with the ewoks?
Oh, that's not the case at all. Personally, I think Jedi would have been tied with Empire if they had just replaced all ewok scenes with a black screen that said "Leia and Han fight to disable the shield generator (with the help of some damn muppets)".
There is definitely a difference in order of magnitude between them and Jar Jar, though. The ewoks were too cute and kinda annoying, Jar Jar is just damn annoying. It's as if Lucas said "Why didn't people like the Ewoks? Hmm... I've got it! They weren't obnoxious enough!"
Imagine a brick, floating in the air as bricks aren't wont to do. Now imagine it's a huge spaceship.
That's how I always did it when I read the book. Big spaceships, floating in the air, no visible thrust or anything else holding them up, no "woom woom" of some unknown energy fighting gravity. Just... hanging in the air, like bricks don't. I dunno... It seems both a clever phrase and powerful imagery to me. Should be pretty easy to show on screen, if it lacks the punch of the written word.
And I'm just saying that Ep. 1 and 2 were so replete with flaws that saying "Don't say the movie is crap already because 'General Grievous' might just be a lone example of suckage" is woefully naive.;)
Seriously guys, if you try hard enough, you can easily see flaws in almost everything, even in the old trilogy...
Don't bury the movie till you see it
So what you're saying is... It's a waste of effort to try hard to find flaws now, because they're going to be really obvious once we actually see it?
Thanks, that's actually good advice. I'm sure there will be much worse crap to mock about Ep. III than just the name of the droid general (just like Count Dooku was by far not the stupidest thing in Ep. II).
Eh, after switching to Linux I had no real need, and after living in a voluntarily free culture for a while it changed my attitude. Now I either pay for the non-free stuff or do without.
Exactly. The only way this could be a rights issue was if this feature was mandated by law. But then again lots of things that aren't rights issues become one when mandated by law.
Which is why I don't have WinXP. I satisfy my gamer half with consoles and the games available for Linux. People ask me why I don't get Windows just to play games. Because I don't like Microsoft and refuse to give them money. They ask me why I don't just pirate it. Because I don't do that. I used to, but I don't anymore. Plus, I'd just rather not deal with MS at all.
You can't "ban" a pirated game -- which would already be theoretically illegal -- by title unless there are no legal copies of the game in the country at all. Age of Mythology in China is illegal, hence any copy of it must be pirated.
This is absolutely politically motivated -- did you read the "create a good environment for Chinese youth" and "electronic publications and illegal journals that will have negative influence on the youth" lines? -- and should come as absolutely no surprise to anyone who knows anything about China. Like the article itself says, China has been censoring publications it disagreed with for 16 years.
You've been to China, so you've seen how much pirated software there is. Do you really think banning 50 games by title is an effective way to combat that? They aren't saying "crack down on pirated software" they are saying "confiscate these games if you see them anywhere".
But apparently China has taken to given their censorship the thinnest window dressing of "combating piracy" for the West's sake, and the West is eating it up.
Hey, that could work. Make the enemies in Wolfenstein be Grammar Nazis. Use incorrect grammar or spelling, and they fly into an unstoppable rage and are much more difficult to beat, while simultaneously correcting your grammar for next time.
Many geeks are aware of the fact that their parent's basements will not last forever. While many say this is both far off and inevitable and thus not worth worrying about, a growing number of geek researchers are treating the issue seriously, and turning to advanced physics for a solution.
Under some theories, there is not just one parent's basement, but in fact many basements. In this "multi-basement" view, it would even be possible to travel from one basement to another.
The theory states that up the stairs and through the kitchen there are portals that lead to a realm given the mysterious sounding name of "Outside". And indeed, it is mysterious.
"We know virtually nothing about 'Outside'," said a prominent geek theorist whose name I'm too lazy to make up. "The theory states that one could travel through 'Outside' to any other place in the known basements, but we aren't sure how that is possible. Certainly it would be a place of astounding energy. While still purely theory, one of my colleagues sent me an IM claiming that he actually saw this energy shining through the windows of the kitchen when he went upstairs to get lunch."
While agreeing with the general theory, several researchers say that Outside provides no hope to the geek facing the destruction of his basement. The incredible energy of Outside, they say, would fry a geek in an instant. One said clearly fabricated claims that some geeks had already travelled Outside and returned was proof that the theory was the realm of crackpots.
"There are certainly difficulties involved in traveling Outside," said that same geek from before, "but we've found nothing insurmountable as of yet. I've calculated that the energy of Outside waxes and wanes in approximately twelve hour cycles and travel would be possible during the low portion of the cycle. Frankly, I think these theoretical problems will be overcome. I'd be much more concerned about the practical implications of traveling to other basements, such as: if there are no parents in these new basements, who will pay rent and fill the fridge? What if there is no Chinese or pizza delivery? These are the issues engineers will have to face as they travel to new worlds beyond the kitchen."
While all geeks we spoke with admitted that it is far too early to draw any conclusions, many said that this new field of research should give geeks everywhere hope.
Perhaps the whole point of this was to have an increase in SCOs stocks so that folks have the opportunity to dump and jump the ship.
Perhaps? You're an optimist.:)
While down from 20+ during the lawsuit FUD peak, SCO's stock is still well above where it was before this litigation started. During that entire period, all the executives have been selling off large amounts of stock at regular intervals. These pre-scheduled sales are fairly normal and aren't illegal, so they won't grab the SEC's attention... But they are still extremely profitable. As long as SCO can keep the FUD rolling and their stock price artificially inflated above $0.50, the insiders are profiting handily.
SCO has a case (I know you don't want to hear that but it is true).
Hmm... so either you're an insider with extra information, or you're going solely off of SCO press releases, or you're lying (possibly in combination with option 1 or 2), because in court where it matters they have yet to show anything resembling a case.
That's the whole reason they keep asking for more discovery, you know. They claim there is substantial infringement in Linux. The judge ordered them to show exactly what infringement they were claiming, and SCO's response was that they couldn't. That's why they are fishing -- to try to find a link between SysV code and Linux code through AIX. They don't have one yet. They have absolutely no proof that infringement occured (they were ordered by the court to show any they had, and they showed none), and are hoping that they might find some by digging through yet more AIX code. Let me give you a hint: if they can't find any connection yet, another few interim versions of AIX aren't going to help.
The only question is whether SCO is going to actually allow this to reach a verdict (which they will lose), or run out of money and have to give up their case (swearing the whole way that they had a case).
If SCO was SO DAMN SURE Linux was violating SCO Unix code...
They're really only sure in the press. In court, where facts are actually analyzed for truth, the story is a lot different...
1. Why don't they show where the hell Linux is violating anything, as they haven't yet?
The theory they're running with is that the code was inserted into AIX/Dynix a long time ago, and eventually worked its way into Linux, but over many revisions in the interim changed so that it no longer looks like the original SysV code, but still is the original SysV code from a copyright standpoint. That's why they can't find it in Linux, because it looks different now.
In reality, as opposed to "Darl Land", they don't have a leg to stand on and they know it. This is all just stall tactics and more attempts to get in the press with "SCO victories" to keep their stock from completely tanking while all the execs sell off their shares
2. Why do they need to see more of IBM's code if they knew it was violating?
To prove their assinine theory. They need to be able to show the original insertion of SysV code, and all the subsequent changes to it before it went into Linux so that they can prove that the current Linux code, which looks nothing like the SysV code, is actually the SysV code.
Which is of course completely at odds with their public statements regarding code in Linux. Their "experts" -- who they have failed to produce in court -- went over Linux and found tons of blatant infringements according to Darl. Apparently, what you say to the press can be a complete lie and so long as you don't reproduce that lie in court you're okay. Very few of their public statements about the evidence they have made it into their court briefs. Odd, that.
3. Why hasn't anyone in power said any of this before me?
IBM has been saying this repeatedly. They've been basically mocking SCO's inability to actually find anything incriminating, and their failure under court order to show what code in Linux is actually infringing.
As to the Judge -- the issue isn't actually at trial yet, as discovery is still ongoing (and going and going and going...). They have been ordered to show infringing code, and SCO's response was "we can't until we see all IBM code, ever". Judge Kimball is not completely unaware of what B.S. this is, and has noted as much, but not really done anything about it. The going theory at Groklaw is that she is being judicious, and giving SCO as much rope as they need to hang themself so that any decision she makes is going to be rock-solid on appeal.
So far all that is going on is pre-trial discovery. Eventually (assuming SCO still has money to litigate with) these issues are going to be evaluated and if SCO isn't doing a lot better in the actual evidence department, they're going to get screwed.
But not really. This whole time regularly scheduled (so the SEC doesn't think they're timed) sell-offs by the execs have been occuring, and with SCO's bloated price they're making a killing off all the FUD and delays. When the case collapses -- and it will, there's no real doubt anymore -- Darl and friends will have already made their millions, and it is the rest of SCO that will suffer as the remaining employees are layed off and the assets liquidated. If history is any indication, Darl will quit just before this happens and sue what remains of SCO to grab another hunk off the carcass.
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Actually, that's one of the things that some people want to change, though I have no idea how they'll pull it off.
Yeah, and that's unfortunate, because the right to create private modifications without having to distribute them is a right I want to see remain.
But instead of redistributing it to others, you can just make your derived work available as a service (for example, a web app). You don't distribute the software -- it always runs on your computer, but simultaneously is used by other people.
Hmm. It seems to me that there is a clear distinction between having a privately held and used derived work, and having one available to everyone through web services. The problem which I don't have an answer to is how you express that difference in legally enforceable terms.
If that difference can't be delineated, then I think that enforcing GPL clauses on creation will cause more problems than it solves. For instance, I hacked five or so lines of a joystick device driver to make it work better with a game i played. it was indeed a hack, not clean at all, so I never submitted a patch. Would I be breaking the law if the driver used this hypothetical GPLv3?
I hope these problems can be solved. As you say, it would be a shame if the GPL were subverted so easily just by having code run on a server rather than a client. But, I figure Eben Moglen is the man for the job.
I can't wait to see drafts, but I do also want it done right, so that the new GPL is strong enough to shove right up Darl McBride's ass.
That sounds like less an issue of wording and more an issue of the print medium. I suggest balsa wood.
I want that to be my epitaph: "He made people laugh and think through goat rape analogies".
You self gratify in front of your computer at least 3 times per week.
Ah-ha! Proof that you are only watching 10% of the time! You were a fool to give that away...
The ideas in '1984' always seemed a little simplistic and naive to me. In a society that values fame and media exposure so highly, wouldn't it be easier to get us all to spy on each other?
That was definitely an element in 1984. People were encouraged to turn in anyone they caught committing a crime. I recall a child turning in his own father for Thoughtcrime.
It was a complete atmosphere of paranoia and mistrust. Not just the eye of Big Brother, but your fellows as well.
Yes, because only by monitoring everyone's porn browsing can we stop terrorists. But you raise a good point! So along the same lines, I have a question of my own.
Which is more important:
Not being raped by a herd of goats
or
The lives of thousands or even millions of Americans that could be slaughtered in a terrorist attack?
Obviously the later is more important. So down on all fours, bucko. No, no, too late to protest now. We have to Fight Terror!
However, there IS a legal DVD of Nausicaa with English-language subtitles: The IVL Entertainment's R3 release. That is, if importing it still is legal, and if region-free DVD players are still legal...
;)
They're legal... and I use Xine with DeCSS, so I don't think it matters much anyway.
Although this is interesting... In my google search to try to find "IVL entertainment nausicaa", I found instead that apparently Disney is going to be releasing nausicaa on DVD this month.
Sweet! Especially because my fansub is in VHS format, and I fear for its longevity.
If you want Japanese cartoons before they're released in English, learn Japanese.
It's not a matter of "before". Many shows and movies are never translated. There is no legal way to aquire them, and "learn Japanese" isn't an answer and you know it.
Every fansubber I've ever dealt with has stopped providing tapes as soon as the title is going to become available (e.g. when Disney signed with Studio Gibli for all the Miyazaki films like Princess Mononoke all the fansubs for Miyazaki films vanished). Yet there is still no way for me to get a legal subtitled version of Nausicaa, so I'm keeping my fansub. If Disney releases it, I'll buy it.
Realize that fansubbing was going on in ernest at a time before the general anime craze in the U.S. This was back before you could find a whole aisle of anime at Fry's and Best Buy. This was when a video store's "japanimation" section consisted of Akira and a couple random episodes of Sailor Moon.
Copying isn't stealing. When the owner of the material isn't even trying to sell it to you, then there isn't even the hypothetical loss of revenue argument. To then call that STEALING is just being a SYCOPHANT.
Now why is that "pure evil"? Why shouldn't an executive be rewarded for helping out a developing economy like India's, even at the (relatively lesser) expense of an economy like ours?
If the executive cares to do that, he can hire an Indian employee, keep the American employee, and take a pay cut for himself. Nobody has lost their job, and he is still rich but with a soul -- everybody wins. Instead he makes more money for himself, and will ditch the employee from the "developing" country as soon as it "devlops" wages that are higher than somewhere else.
I appreciate your devil's advocacy, but it's damned hard to sell greed with a circumstancial positive outcome as "good" when you could have no greed and better positive outcomes.
And yet, when an Indian programmer gets an outsourced tech job, supposedly "stealing" it from a good ol' American programmer who is thereby forced to live a slightly less affluent lifestyle, he's pure evil.
No, it is the executive who pockets the difference in salaries who is pure evil. The American gets to live the "slightly less affluent lifestyle" of being unemployed, an Indian gets a well paying for India but not so great paying for here job, and some person who is already wealthy beyond either employee's dreams gets another million dollar bonus for saving the company money.
My problem with outsourcing has nothing to do with Indians getting tech jobs. My problem with outsourcing is that it is just another way for money to be siphoned away from the lower classes into the hands of the extremely rich.
Concentration of wealth is what is hurting us, not offshoring. Offshoring is just the symptom of a system that we know is killing us but we can't seem to do anything about. Getting mad at the cheaper labour that replaces us is just misplaced anger.
Do all of these people who hate Jar-Jar really have no problem with the ewoks?
Oh, that's not the case at all. Personally, I think Jedi would have been tied with Empire if they had just replaced all ewok scenes with a black screen that said "Leia and Han fight to disable the shield generator (with the help of some damn muppets)".
There is definitely a difference in order of magnitude between them and Jar Jar, though. The ewoks were too cute and kinda annoying, Jar Jar is just damn annoying. It's as if Lucas said "Why didn't people like the Ewoks? Hmm... I've got it! They weren't obnoxious enough!"
Imagine a brick, floating in the air as bricks aren't wont to do. Now imagine it's a huge spaceship.
That's how I always did it when I read the book. Big spaceships, floating in the air, no visible thrust or anything else holding them up, no "woom woom" of some unknown energy fighting gravity. Just... hanging in the air, like bricks don't. I dunno... It seems both a clever phrase and powerful imagery to me. Should be pretty easy to show on screen, if it lacks the punch of the written word.
And I'm just saying that Ep. 1 and 2 were so replete with flaws that saying "Don't say the movie is crap already because 'General Grievous' might just be a lone example of suckage" is woefully naive. ;)
Seriously guys, if you try hard enough, you can easily see flaws in almost everything, even in the old trilogy...
Don't bury the movie till you see it
So what you're saying is... It's a waste of effort to try hard to find flaws now, because they're going to be really obvious once we actually see it?
Thanks, that's actually good advice. I'm sure there will be much worse crap to mock about Ep. III than just the name of the droid general (just like Count Dooku was by far not the stupidest thing in Ep. II).
Eh, after switching to Linux I had no real need, and after living in a voluntarily free culture for a while it changed my attitude. Now I either pay for the non-free stuff or do without.
Exactly. The only way this could be a rights issue was if this feature was mandated by law. But then again lots of things that aren't rights issues become one when mandated by law.
Makes sense to me.
Which is why I don't have WinXP. I satisfy my gamer half with consoles and the games available for Linux. People ask me why I don't get Windows just to play games. Because I don't like Microsoft and refuse to give them money. They ask me why I don't just pirate it. Because I don't do that. I used to, but I don't anymore. Plus, I'd just rather not deal with MS at all.
You can't "ban" a pirated game -- which would already be theoretically illegal -- by title unless there are no legal copies of the game in the country at all. Age of Mythology in China is illegal, hence any copy of it must be pirated.
This is absolutely politically motivated -- did you read the "create a good environment for Chinese youth" and "electronic publications and illegal journals that will have negative influence on the youth" lines? -- and should come as absolutely no surprise to anyone who knows anything about China. Like the article itself says, China has been censoring publications it disagreed with for 16 years.
You've been to China, so you've seen how much pirated software there is. Do you really think banning 50 games by title is an effective way to combat that? They aren't saying "crack down on pirated software" they are saying "confiscate these games if you see them anywhere".
But apparently China has taken to given their censorship the thinnest window dressing of "combating piracy" for the West's sake, and the West is eating it up.
Assuming IBM doesn't comply with the order. SCO just claiming IBM needs to fork over more code isn't going to cut it.
Hey, that could work. Make the enemies in Wolfenstein be Grammar Nazis. Use incorrect grammar or spelling, and they fly into an unstoppable rage and are much more difficult to beat, while simultaneously correcting your grammar for next time.
No, that's pretty stupid.
Hey, I think "Chainrule weapon" was worth a +1 funny, not offtopic. oh well.
Many geeks are aware of the fact that their parent's basements will not last forever. While many say this is both far off and inevitable and thus not worth worrying about, a growing number of geek researchers are treating the issue seriously, and turning to advanced physics for a solution.
Under some theories, there is not just one parent's basement, but in fact many basements. In this "multi-basement" view, it would even be possible to travel from one basement to another.
The theory states that up the stairs and through the kitchen there are portals that lead to a realm given the mysterious sounding name of "Outside". And indeed, it is mysterious.
"We know virtually nothing about 'Outside'," said a prominent geek theorist whose name I'm too lazy to make up. "The theory states that one could travel through 'Outside' to any other place in the known basements, but we aren't sure how that is possible. Certainly it would be a place of astounding energy. While still purely theory, one of my colleagues sent me an IM claiming that he actually saw this energy shining through the windows of the kitchen when he went upstairs to get lunch."
While agreeing with the general theory, several researchers say that Outside provides no hope to the geek facing the destruction of his basement. The incredible energy of Outside, they say, would fry a geek in an instant. One said clearly fabricated claims that some geeks had already travelled Outside and returned was proof that the theory was the realm of crackpots.
"There are certainly difficulties involved in traveling Outside," said that same geek from before, "but we've found nothing insurmountable as of yet. I've calculated that the energy of Outside waxes and wanes in approximately twelve hour cycles and travel would be possible during the low portion of the cycle. Frankly, I think these theoretical problems will be overcome. I'd be much more concerned about the practical implications of traveling to other basements, such as: if there are no parents in these new basements, who will pay rent and fill the fridge? What if there is no Chinese or pizza delivery? These are the issues engineers will have to face as they travel to new worlds beyond the kitchen."
While all geeks we spoke with admitted that it is far too early to draw any conclusions, many said that this new field of research should give geeks everywhere hope.
Perhaps the whole point of this was to have an increase in SCOs stocks so that folks have the opportunity to dump and jump the ship.
:)
Perhaps? You're an optimist.
While down from 20+ during the lawsuit FUD peak, SCO's stock is still well above where it was before this litigation started. During that entire period, all the executives have been selling off large amounts of stock at regular intervals. These pre-scheduled sales are fairly normal and aren't illegal, so they won't grab the SEC's attention... But they are still extremely profitable. As long as SCO can keep the FUD rolling and their stock price artificially inflated above $0.50, the insiders are profiting handily.
SCO has a case (I know you don't want to hear that but it is true).
Hmm... so either you're an insider with extra information, or you're going solely off of SCO press releases, or you're lying (possibly in combination with option 1 or 2), because in court where it matters they have yet to show anything resembling a case.
That's the whole reason they keep asking for more discovery, you know. They claim there is substantial infringement in Linux. The judge ordered them to show exactly what infringement they were claiming, and SCO's response was that they couldn't. That's why they are fishing -- to try to find a link between SysV code and Linux code through AIX. They don't have one yet. They have absolutely no proof that infringement occured (they were ordered by the court to show any they had, and they showed none), and are hoping that they might find some by digging through yet more AIX code. Let me give you a hint: if they can't find any connection yet, another few interim versions of AIX aren't going to help.
The only question is whether SCO is going to actually allow this to reach a verdict (which they will lose), or run out of money and have to give up their case (swearing the whole way that they had a case).
They're really only sure in the press. In court, where facts are actually analyzed for truth, the story is a lot different...
The theory they're running with is that the code was inserted into AIX/Dynix a long time ago, and eventually worked its way into Linux, but over many revisions in the interim changed so that it no longer looks like the original SysV code, but still is the original SysV code from a copyright standpoint. That's why they can't find it in Linux, because it looks different now.
In reality, as opposed to "Darl Land", they don't have a leg to stand on and they know it. This is all just stall tactics and more attempts to get in the press with "SCO victories" to keep their stock from completely tanking while all the execs sell off their shares
To prove their assinine theory. They need to be able to show the original insertion of SysV code, and all the subsequent changes to it before it went into Linux so that they can prove that the current Linux code, which looks nothing like the SysV code, is actually the SysV code.
Which is of course completely at odds with their public statements regarding code in Linux. Their "experts" -- who they have failed to produce in court -- went over Linux and found tons of blatant infringements according to Darl. Apparently, what you say to the press can be a complete lie and so long as you don't reproduce that lie in court you're okay. Very few of their public statements about the evidence they have made it into their court briefs. Odd, that.
IBM has been saying this repeatedly. They've been basically mocking SCO's inability to actually find anything incriminating, and their failure under court order to show what code in Linux is actually infringing.
As to the Judge -- the issue isn't actually at trial yet, as discovery is still ongoing (and going and going and going...). They have been ordered to show infringing code, and SCO's response was "we can't until we see all IBM code, ever". Judge Kimball is not completely unaware of what B.S. this is, and has noted as much, but not really done anything about it. The going theory at Groklaw is that she is being judicious, and giving SCO as much rope as they need to hang themself so that any decision she makes is going to be rock-solid on appeal.
So far all that is going on is pre-trial discovery. Eventually (assuming SCO still has money to litigate with) these issues are going to be evaluated and if SCO isn't doing a lot better in the actual evidence department, they're going to get screwed.
But not really. This whole time regularly scheduled (so the SEC doesn't think they're timed) sell-offs by the execs have been occuring, and with SCO's bloated price they're making a killing off all the FUD and delays. When the case collapses -- and it will, there's no real doubt anymore -- Darl and friends will have already made their millions, and it is the rest of SCO that will suffer as the remaining employees are layed off and the assets liquidated. If history is any indication, Darl will quit just before this happens and sue what remains of SCO to grab another hunk off the carcass.
And then some other moron will give him a job.