Only marginally on topic but earlier today there was a Wifi story referencing Kernel Traffic. As I read it I saw the comment below:
If someone have a copy of the SCO source code maybe make a Torrent file, so we can start analysing if they indeed stole something. A few nuggets will go a long way to quash the FUD from SCO. Anyone know where old SCO bug reports can be gooten?
Quote:
6. Possible License Violations Within The Kernel Source
Elsewhere, Christoph Hellwig replied to the original post as well, saying:
As somone who walked for SCO (or rather Caldera how it was called at that time) I can tell you this is utter crap. There were very people actually doing Linux kernel work then (and when the German office was closed down all those left the company) and we really had better things to do then trying to retrofit UnixWare code into the linux kenrel. Especially given that the kernel internals are so different that you'd need a big glue layer to actually make it work and you can guess how that would be ripped apart in a usual lkml review:)
It might be more interesting to look for stolen Linux code in Unixware, I'd suggest with the support for a very well known Linux fileystem in the Linux compat addon product for UnixWare..
Jim Nance said, "Wouldnt it be halirous if whatever code SCO is talking about when they say there is Unix code in Linux turns out to be code some SCO employee ripped out of some GPL program and stuck it into Unixware. That is actually far more likely than what they alledge."
Applied to the universe it is a very valid counter argument when playing around with fundamental constant numbers a la Martin Reese.
The idea is that is doesn't matter how umprobable somethng is because if it wasn't a certain way we would not be here to make the argument. Comes in Strong and Weak flavor, Google is your friend
That being said Neanderthals was given a name and a species category before much was known about the relation and interplay with Humans, so only now can we conclude that it is OK to classify them as a species. What I am trying to say is we can't conclude the other way, but I guess you knew that.:-)
A little of topic but a few days ago the result of Italian research project was published. The result of DNA comparisons between Neanderthals and Humans found that most likely no interbreeding have occured.
MAybe you haven't seen the news that RMS is joining the IBM team. Look here
"OVER THE WEEKEND Linux and Main reported that IBM might be about to hire Eric S. Raymond as a trial consultant to assist with its defense against SCO's billion-dollar intellectual property lawsuit.
Maybe we are talking Apples and Oranges. Yes they can have the IBM case sealed and nothng needs to come out.
I think we were talking about potential other cases, at least I was. It's the general Linux threat I was talking about when I said they have a duty to mitigate the damages.
telling them that some of the code in Linux is their property and that they don't have a license to use it.
A blanket statement like that has no legal value, as it does not allow for the alledged offender to take any specific actions.
If they want anyone to stop using Linux they need an injunction, and in asking for that they need to be specific.
The judge will not grant this as they clearly have shown that the potential damage in granting this is much higher than not doing. There is no irreparable damages since they were years late in doing this.
Second if the judge grants it, they will most likely be asked to post a bond, much higher than they can afford.
Thirdly: If they are not already dead-meat, They surely will be when the suits for damages starts rolling in.
You DONT give out evidence before court in a IP type case.. thats just stupid.
Sure you do. If you don't tell the other party then it will not be admitted as evidence. Second as pointed out multiple times, You have a DUTY to mitigate damages. By not publishing the alledgedly offending portion, coupled with the fact the code is out in the open, prevents them from collecting damages from anybody but possible IBM.
Good post. In case you do not know there is a new ROM out for the 5500, bringing on par with the 5600. It was posted two days ago V3.1
Get it here but make sure you you do a backup. I am still having sync problems and my SD card is still "missing"
Why not advocate choosing the best possible package?
Even if such a thing existed, NASA is public funded and has a duty to promote science and understanding. Using open source SW and contribute to FOOS, dovetails with that charter. Buying closed source does not.
This has been posted before but they can not collect on any damages caused, as they have not published the allegdedly infringing portions.
Not telling the world what the code is, is a legal blunder of the first order.
This means that they have unclean hands, as they are supposed to try and mitigate the damage in order to receive compensation.
You can't knowlingly add to the damage and then ask for compensation incl Punitive damages based on same.
Any suit against Linux vendor in the future can site this as an Affirmative Defense" and pretty much get the suit tossed on that account alone
I have followed this from the get go. Even submitted the initial/. article the day the suit was filed.
I totally agree with you, lots of errors on the IBM suit side and I hope you are right about personal liability for Officers, incl Insider issues based on stock transaction close to the suit being filed.
My point was a little different, This Error of not trying to mitigate the damages is pertinent to all future suits. If indeed there will be some.
Did you notice in the filing by IBM yesterday they was a comment about timing. The estimate is TWO years before a court date will be set. SCO will be out of money by then. Just look at the Rambus idiots, and what a toll on their cash position all the litigation has caused. Rambus started from a position of strength, not like the SCO clowns that is up against the wall, and just killed off their business end of things.
Here is some more information on the problem
TheInquirer
Quote from Intel:
"Due to recent analysis, and given our commitment to quality, Intel will be placing the Pentium 4 processor at 3.00 GHz with an 800MHz bus on ship hold temporarily. In the course of our final testing in our validation lab environment, we have observed an anomaly on a very small number of the 800MHz bus processors. We are working to understand and resolve the issue and we hope to ship this new processor as soon as possible."
FYI, It makes no difference if you are on a static or dynamic IP for sending mail.
Sending mail is like a Mailbox for crying out load. What do you do with your postcards when you are on vacation? Plop then in a mailbox or bring them home and then put it in your own mailbox for collection.
Same principle with Internet mail. Send from anywhere recieve at your own address.
Slashdot Mirror
If someone have a copy of the SCO source code maybe make a Torrent file, so we can start analysing if they indeed stole something. A few nuggets will go a long way to quash the FUD from SCO. Anyone know where old SCO bug reports can be gooten?
Quote:
6. Possible License Violations Within The Kernel Source
Elsewhere, Christoph Hellwig replied to the original post as well, saying:
As somone who walked for SCO (or rather Caldera how it was called at that time) I can tell you this is utter crap. There were very people actually doing Linux kernel work then (and when the German office was closed down all those left the company) and we really had better things to do then trying to retrofit UnixWare code into the linux kenrel. Especially given that the kernel internals are so different that you'd need a big glue layer to actually make it work and you can guess how that would be ripped apart in a usual lkml review :)
It might be more interesting to look for stolen Linux code in Unixware, I'd suggest with the support for a very well known Linux fileystem in the Linux compat addon product for UnixWare..
Jim Nance said, "Wouldnt it be halirous if whatever code SCO is talking about when they say there is Unix code in Linux turns out to be code some SCO employee ripped out of some GPL program and stuck it into Unixware. That is actually far more likely than what they alledge."
Applied to the universe it is a very valid counter argument when playing around with fundamental constant numbers a la Martin Reese.
The idea is that is doesn't matter how umprobable somethng is because if it wasn't a certain way we would not be here to make the argument. Comes in Strong and Weak flavor, Google is your friend
That being said Neanderthals was given a name and a species category before much was known about the relation and interplay with Humans, so only now can we conclude that it is OK to classify them as a species. What I am trying to say is we can't conclude the other way, but I guess you knew that. :-)
A little of topic but a few days ago the result of Italian research project was published. The result of DNA comparisons between Neanderthals and Humans found that most likely no interbreeding have occured.
Oops! Thanks
"OVER THE WEEKEND Linux and Main reported that IBM might be about to hire Eric S. Raymond as a trial consultant to assist with its defense against SCO's billion-dollar intellectual property lawsuit.
I think we were talking about potential other cases, at least I was. It's the general Linux threat I was talking about when I said they have a duty to mitigate the damages.
A blanket statement like that has no legal value, as it does not allow for the alledged offender to take any specific actions.
If they want anyone to stop using Linux they need an injunction, and in asking for that they need to be specific.
The judge will not grant this as they clearly have shown that the potential damage in granting this is much higher than not doing. There is no irreparable damages since they were years late in doing this.
Second if the judge grants it, they will most likely be asked to post a bond, much higher than they can afford.
Thirdly: If they are not already dead-meat, They surely will be when the suits for damages starts rolling in.
Sure you do. If you don't tell the other party then it will not be admitted as evidence. Second as pointed out multiple times, You have a DUTY to mitigate damages. By not publishing the alledgedly offending portion, coupled with the fact the code is out in the open, prevents them from collecting damages from anybody but possible IBM.
Good post. In case you do not know there is a new ROM out for the 5500, bringing on par with the 5600. It was posted two days ago V3.1 Get it here but make sure you you do a backup. I am still having sync problems and my SD card is still "missing"
Even if such a thing existed, NASA is public funded and has a duty to promote science and understanding. Using open source SW and contribute to FOOS, dovetails with that charter. Buying closed source does not.
Commensurate with Occams Razor and the law of Parsimony I suggest this method.
Hopefully they will hire the Kingsmen in loo (leui) of Stones to launch the iLoo. Always thought the memorable Lyric We go to go would come in handy .
Call SCO with a problem and make sure that the payment for License and ANY contractual service is witheld until resolved.
This alone is enough to sink SCO.
A Cash crunch can topple a healthy company in weeks, think what is can do to SCO.
Not telling the world what the code is, is a legal blunder of the first order. This means that they have unclean hands, as they are supposed to try and mitigate the damage in order to receive compensation.
You can't knowlingly add to the damage and then ask for compensation incl Punitive damages based on same. Any suit against Linux vendor in the future can site this as an Affirmative Defense" and pretty much get the suit tossed on that account alone
The poster is probably equally well informed.
110000001111111111101110
I totally agree with you, lots of errors on the IBM suit side and I hope you are right about personal liability for Officers, incl Insider issues based on stock transaction close to the suit being filed.
My point was a little different, This Error of not trying to mitigate the damages is pertinent to all future suits. If indeed there will be some.
Did you notice in the filing by IBM yesterday they was a comment about timing. The estimate is TWO years before a court date will be set. SCO will be out of money by then. Just look at the Rambus idiots, and what a toll on their cash position all the litigation has caused. Rambus started from a position of strength, not like the SCO clowns that is up against the wall, and just killed off their business end of things.
This means that they have unclean hands, as they are supposed to try and mitigate the damage in order to receive compensation.
You can't knowlingly add to the damage and then ask for compensation incl Punitive damages based on same.
Any suit against Linux vendor in the future can site this as an Affirmative Defense" and pretty much get the suit tossed on that account alone.
Hate to see what names they didn't go with, before chosing this one.
That would be the best thing that could happen to AMD.
It would validate AMD64 and give them a HUGE cost advantage. We are talking 5X or so at current pricing levels.
Are you sure it it not cosmetology?
Inside the IBM PowerPC 970 Part I: Design Philosophy and Front End
Ars Technica Newsdesk A Brief Look at the PowerPC 970
Ars Technica - CPU and Chipset Guide
Added a MS benchmark I found interesting vis a vis Opteron
Opteron the curent King
Quote from Intel:
"Due to recent analysis, and given our commitment to quality, Intel will be placing the Pentium 4 processor at 3.00 GHz with an 800MHz bus on ship hold temporarily. In the course of our final testing in our validation lab environment, we have observed an anomaly on a very small number of the 800MHz bus processors. We are working to understand and resolve the issue and we hope to ship this new processor as soon as possible."
Sending mail is like a Mailbox for crying out load. What do you do with your postcards when you are on vacation? Plop then in a mailbox or bring them home and then put it in your own mailbox for collection.
Same principle with Internet mail. Send from anywhere recieve at your own address.