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SCO Wanted To Gag Torvalds, Moglen 168

Posted by kdawson
from the can't-say-that dept.
An anonymous reader passes on word of court documents filed by IBM on Friday. The documents contain a copy of a letter, dated 2004, from SCO to IBM's lawyers stating that they tried to keep Linus Torvalds from making disparaging public statements about SCO, speculating erroneously that IBM was the principal funder of OSDL, where Torvalds worked at the time. Quoting: "The company also tried to silence Eben Moglen, the Columbia University professor who, until this month, was a director of the Free Software Foundation, and Eric Raymond, a controversial open-source advocate, saying they claimed to be IBM consultants."
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SCO Wanted To Gag Torvalds, Moglen

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  • by plover (150551) * on Tuesday May 01, 2007 @01:15AM (#18937587) Homepage Journal
    So Darl wanted to silence Eric Raymond?

    Just goes to prove that nobody is 100% evil.

    • by davmoo (63521) on Tuesday May 01, 2007 @01:20AM (#18937611)
      Trying to silence ESR? Isn't that like the proverbial unstopable rock hitting the unmoveable object? Silencing ESR would require the violation of at least 7 laws of physics :-)
    • Re: (Score:1, Funny)

      by Mukunda_NZ (1078231)
      Haha indeed... But they hardly need worry about Eric Raymond... They could just let him talk, after a few minutes no-one want to hear anymore from him.

      I can just imagine ESR now... "SCO are the enemy of.... Islamofascist SCO! Screw you and the camel you rode in on SCO!.... Hey why isn't anyone listening to me?"
    • by tdvaughan (582870)
      Oh dear God no. Seeing how he's responded to something as simple as a request for an interview [ibiblio.org] I think his ego is going to respond to this news by imploding under its own mass.
      • Re: (Score:3, Insightful)

        Seems like a fair response given their total lack of research.
      • by pohl (872) *
        Seems to me like he answered arrogance with arrogance.
    • Just read this [catb.org] if you were in any doubt about what a fscking idiot the man is.
      • I didn't really have an opinion one way or the other, so I followed the link. After reading his Anti-Idiotarian Manifesto, I came away impressed and in near 100% agreement with his ideas. Then I read his Armed and Dangerous weblog which is full of some of the stupidest rants I've ever read. End result is that I am sure that ESR knows he is a brilliant writer who should be taken out back and shot twice just to make sure he doesn't ever have to listen to himself again.
    • by tji (74570)
      Yes, but it's also a large tactical error. If he was trying to discredit the other side's point of view, nothing could do that like Eric Raymond. He should have been encouraging Raymond to speak at length about his views on the subject. Enough lazy reporters would have quoted him and his batshit ideas to completely discredit the Linux world.
  • by Anonymous Coward
    Perhaps some bigwig company is trying to make sure SCO stays at center stage.
  • As if (Score:4, Interesting)

    by phalse phace (454635) on Tuesday May 01, 2007 @01:26AM (#18937631)
    silencing them would make people hate/dislike SCO any less.
    • Re:As if (Score:5, Funny)

      by networkBoy (774728) on Tuesday May 01, 2007 @01:39AM (#18937665) Homepage Journal
      Well, to be fair, if SCO could get ESR and RMS to sit quietly in a room together for any real length of time I would hate them a little less...
      • by Gazzonyx (982402)

        Well, to be fair, if SCO could get ESR and RMS to sit quietly in a room together for any real length of time I would hate them a little less...
        Although I don't particularly agree with ESR I do respect his work; that being said, I nearly fell out of my seat laughing when I read this!
        • Re: (Score:3, Interesting)

          by DrSkwid (118965)
          What work's that then ?

          Some deprecated pop3 retriever and a book.

          • by Gazzonyx (982402)
            Yeah - I think he has 3 books or so, though. That is to say, I appreciate his research on software.

            I'm reading this over and over and I don't think I'm making sense. I need coffee with my RockStar... I'll get back to it this afternoon when I'm awake and on the clock.

          • I won't cheat by looking it up, but I have seen a younger ESR as a contributor to both Emacs and nethack. He is no RMS (Emacs, gcc, and gdb), but his developer credibility is still way higher than all the ESR detractors on /. combined. (I know, damnation with faint praise).

      • by QuantumG (50515)
        I don't understand.

        they're good friends [catb.org]

        Maybe you shouldn't pay so much attention to the show they put on for the geeks.
        • by Aladrin (926209)
          I think the problem is not getting them in the room together, but rather the 'quiet' portion of his statement. Both are known for talking and strong opinions.
        • Erm, yeah [geekz.co.uk]... ;-)

          Honestly, I doubt RMS has that much affection for ESR given the degree to which he apparently feels betrayed by what the open source movement (which, as a project, was initially most associated and enthusiastically supported by, ESR) did. But I'd be happy to be proven wrong.

      • by Mr2cents (323101)

        Well, to be fair, if SCO could get ESR and RMS to sit quietly in a room together for any real length of time I would hate them a little less...
        It should be easy to organize. I'm sure SCO is willing to host it in their cellars somewhere, after improving the locks. Steve Balmer can throw in a few chairs.
  • by psaunders (1069392) on Tuesday May 01, 2007 @01:46AM (#18937693)
    Here [zdnet.co.uk].
    • Re: (Score:2, Informative)

      by only_human (761334) *
      The parent link directly above is much better, although it contains the same text as TFA, much of it is anchored links to supporting information.
  • No mention of PJ??? (Score:3, Interesting)

    by rm69990 (885744) on Tuesday May 01, 2007 @01:53AM (#18937717)
    Why is there no mention of them trying to gag PJ and Groklaw, considering she has covered the SCO case more than the other 3 combined and then multiplied by 100?

    http://www.groklaw.net/article.php?story=200704281 9571717 [groklaw.net]
  • by only_human (761334) * on Tuesday May 01, 2007 @01:53AM (#18937729)
  • by AchiIIe (974900) on Tuesday May 01, 2007 @01:59AM (#18937755)
    Not sure what to tag this, maybe "beatingadeadhorse". How many more stories of SCO being {evil|stupid|malicious} do we need. The company is almost dead now, let them die alright. It'll be a history lesson for future companies.
    • And surely the best way to make sure that other companies LEARN that lesson is to never talk about it publicly again because you find it boring!
      • Yes, it would have been much cheaper for IBM to simply buy SCO. Turn their bastard hell stock into IBM shares which the SCO folks could sell off completely without trashing IBM's price. Cash out! IBM didn't want every bitch coming to them for salvation, though, so they're making an example of SCO.
    • by 0x0000 (140863) <<moc.xehorez> <ta> <xehorez>> on Tuesday May 01, 2007 @02:14AM (#18937837) Homepage

      The company is almost dead now, let them die alright.

      Many of us have thought SCO was dead before - they aren't just Evil, they're The Undead. Regardless of what their losses are, and how many times they are rebuffed by the courts, Microsoft could still dump another couple hundred thousand on them to keep them walking - that's pocket change for Microsoft, and they may well do it just on the outside chance that they will cost someone one or two more Linux jobs.

      For my part, I won't be satisfied until the story says that the papers dissolving the corporation have been filed. Fwiw.

      • by mpe (36238) on Tuesday May 01, 2007 @02:23AM (#18937873)
        Many of us have thought SCO was dead before - they aren't just Evil, they're The Undead.

        Presumably there is a headline somewhere along the lines of "SCO attemps to silence Buffy Summers"...
        • by dbIII (701233)
          I think it's more of an Amityville Horror moment considering at least one of the unprincipled people involved.
      • by Fordiman (689627)
        It's worse. They're the Evil Dead. Someone call Bruce Campbell!
        • Re: (Score:3, Funny)

          by gbobeck (926553)

          Someone call Bruce Campbell!

          I can only imagine how that will go...

          Ash: Ok you Primitive SCOheads, listen up! You see this? This... is my boomstick! The 12-gauge double-barreled Remington. S-Mart's top of the line. You can find this in the sporting goods department. That's right, this sweet baby was made in Grand Rapids, Michigan. Retails for about $109.95. It's got a walnut stock, cobalt blue steel, and a hair trigger. That's right. Shop smart. Shop S-Mart. You got that?

      • by jimicus (737525)
        Many of us have thought SCO was dead before - they aren't just Evil, they're The Undead.

        Does that make them some sort of vampire or zombie or something?

        Perhaps we should destroy Darl's brain then bury him at a crossroads with a stake through his heart. Maybe toss a bit of garlic in there as well.
        • Perhaps we should destroy Darl's brain then bury him at a crossroads with a stake through his heart. Maybe toss a bit of garlic in there as well.

          That might be a good start with Darl but more needs to be done.

          Falcon
      • Many of us have thought SCO was dead before - they aren't just Evil, they're The Undead.

        So that's why they went after the big brains? Seems like DiDio was - afterall - a victim.
      • by digitig (1056110)

        For my part, I won't be satisfied until the story says that the papers dissolving the corporation have been filed. Fwiw.

        Even that wouldn't be enough, because their supposed IPR would be sold to the highest bidder and the whole thing could continue. Although with any luck their price would be so low by then that we could just pass the hat around on slashdot...
      • by Lockejaw (955650)

        For my part, I won't be satisfied until the story says that the papers dissolving the corporation have been filed.
        While Darl et al. get off scot free?
    • by gbobeck (926553) on Tuesday May 01, 2007 @03:35AM (#18938145) Homepage Journal

      How many more stories of SCO being {evil|stupid|malicious} do we need.

      You must be new here.

      Ok, more seriously... IMHO, the real reason why SCO stories are covered so often here on /. is because SCO decided to mess with Linux and the GPL, thus pissing off a very large set of communities (including, but by no means limited to the Linux community, Open Source Developers...). Now, since there is a large number of people who care about the SCO case, there is a demand for articles concerning the case as well as anything related to it. Therefore, SCO stuff gets on the front page.

      The company is almost dead now, let them die alright

      (As of May 1, 2007) They aren't dead yet. Although, the dead collector will be around on Thursday...
      • To be fair to Slashdot's editors, very few of the events in SCO's existence have been covered here. I know its hard to believe for some, but there are a lot more ramblings going on than just the ones you read on Slashdot. Go give Groklaw [groklaw.net] a read to see just how many stupidities happen on a monthly basis with this company.

        IBM's no saint in the computer world, but this is just crazy -- please remember people, SCO hasn't even established ownership of the Copyrights they claim were broken in the first place.
      • by Thuktun (221615)

        They aren't dead yet. Although, the dead collector will be around on Thursday...

        SCO: I'm getting better!
        IBM: You're not, you'll be stone dead in a moment.
        CART DRIVER: I can't take him like this. It's against regulations.
        SCO: I don't want to go on the cart.
        IBM: Don't be such a baby.
        CART DRIVER: I can't take him.
        SCO: I feel fine.
        IBM: Do us a favor.
        CART DRIVER: I can't.
        IBM: Well, can you hang around a couple of minutes? He won't be long.
        CART DRIVER: I've got to go round to the Robinson's, they've lost nine today.
        IBM: When's your next round?
        CART DRIVER: Thursday.
        SCO: I thin

    • by jmv (93421)
      The company is almost dead now, let them die alright. It'll be a history lesson for future companies.

      Actually, it's much more effective if we keep reminding people that they're dying. Sort of like the middle ages practice of leaving the body of executed convicts rot on a public place -- just to maximise the impact.
    • AchiIIe said: "The company is almost dead now, let them die alright. It'll be a history lesson for future companies."

      Not if we cease discussing this object lesson. Forget your history and be doomed to repeat it.
      Let us continue to beat this dead horse, lest other horses decide to emulate it.

    • by roystgnr (4015)
      The company is almost dead now, let them die alright. It'll be a history lesson for future companies.

      Companies are legal fictions that cannot learn from history. Company decisions are amde by their managers. And unfortunately, the lesson we're teaching future managers is "If you make false accusations and wild threats in order to pump and dump your stock, you can make millions of dollars from an otherwise failed company but suffer no legal repercussions."
    • Not sure what to tag this, maybe "beatingadeadhorse". How many more stories of SCO being {evil|stupid|malicious} do we need. The company is almost dead now, let them die alright. It'll be a history lesson for future companies.

      That's why you want to keep beating it, so other companies don't get the same idea in their heads.

      Falcon
  • by elmartinos (228710) on Tuesday May 01, 2007 @02:11AM (#18937811) Homepage
    What about Richard Stallman? According to this trustworthy news source [xkcd.com] he was attacked first.
  • Wait.. (Score:4, Funny)

    by SQLz (564901) on Tuesday May 01, 2007 @02:14AM (#18937835) Homepage Journal
    SCO is accusing Linus of stealing all of their code, making crazy Iraqi information minister like comments to the press, and they tried to gag the people they are accusing from responding? SCO, please just crawl under a rock and die already.
  • They must be smoking crack
  • by FFFish (7567) on Tuesday May 01, 2007 @02:51AM (#18937975) Homepage
    Doesn't Texas Law ("Sir, he was too dumb to let live.") apply in Utah? It really shouldn't be so difficult to get rid of the SCO dipshits, ferchrissake.
    • Doesn't Texas Law ("Sir, he was too dumb to let live.") apply in Utah?

      I thought it was from one of the upper midwest states originally. The way I heard it, one of the State's senators shot and killed a man; he was brought up on charges, resigned, and conducted a pro se defense, arguing "He needed killin'." Successfully.

      I thought it was Minnesota, but I may be getting that mixed up with the cheerful anecdote about the First National Bank in Northfield, where Jesse James lost most of his gang to civil

  • Gag away (Score:3, Funny)

    by niceone (992278) * on Tuesday May 01, 2007 @03:26AM (#18938105) Journal
    Gagging is ancient history. It's people duct taping my typing fingers I worry about.
  • SCO thinks your mom is fat, ugly and stupid.
    Also, it just kicked your dog, got your teenage daughter pregnant, and dumped its leaves in your yard.
    • Re: (Score:3, Funny)

      by Bearpaw (13080)
      I don't have a dog, and if I had a daughter, SCO wouldn't be able to impregnate her without a turkey baster and a fresh sample from Sperms-R-Us.

      I mean, they can't get anything to stand up in court, what makes you think they can get anything to stand up anywhere else?

      • by rbanffy (584143)

        if I had a daughter, SCO wouldn't be able to impregnate her without a turkey baster and a fresh sample from Sperms-R-Us.

        +1 disturbing

    • It kicked the daughter and impregnated the dog........
    • SCO just got its teenage daughter pregnant. There corrected it for you.

  • by NetRanger (5584) * on Tuesday May 01, 2007 @05:52AM (#18938599) Homepage
    Apparently IBM employs half the world of Linux advocates and code writers, according to McBride. They're all out to get him.

    SCO should be suing for the IP rights to the tinfoil hat.
  • by Anonymous Coward on Tuesday May 01, 2007 @06:01AM (#18938637)
    Groklaw "broke" the news April 28 http://www.groklaw.net/article.php?story=200704281 9571717 [groklaw.net]

    Since then all these "anonymous sources" just cite from PJ, without properly giving credit. The second paragraph in the groklaw article reads:

          It also wanted Linus Torvalds, Eben Moglen, and Eric Raymond to be prevented from commenting publicly about the litigation.
    • by Aim Here (765712)
      The PACER system was the first place on the net to 'break' this news. Groklaw wasn't even second, in that at least one, and probably more, anti-SCO sites had the filing up on the net before Groklaw.

      And I think you're taking the demand for credit a bit too far, eh? It's not as if it's a verbatim quote, or a sizeable paraphrase, or strictly speaking, even a paraphrase at all of the Groklaw sentence. How many ways are there of saying 'SCO tried to make ESR, Eben and Linus STFU' in a neutral and unbiased journa
      • The PACER system was the first place on the net to 'break' this news. Groklaw wasn't even second, in that at least one, and probably more, anti-SCO sites had the filing up on the net before Groklaw.


        Cite please. Name these anti-SCO sources of which you have so much confidence that they scooped Groklaw.

        • by Aim Here (765712)
          The site I'm thinking of was Zen's Den [zensden.net], which announced [yahoo.com] the documents at 10:30pm, ET on the 27th of April. Groklaw's article on the same documents were at 07:57 PM EDT on April 28th. There's at most a 1 hour difference between ET and EDT, so that's a considerable time difference. I actually thought the difference was much less meself, but there you go.

          Tuxrocks [tuxrocks.com] and Scofacts [scofacts.org] often beat Groklaw to the punch too. Groklaw isn't usually the first site to carry the SCO documents; it does, however, have the most
  • He wasn't worried about Eric's mouth, his GUN was the problem.
  • I noticed that SCOX opened this morning at .94 and it has dropped to .86; about an 8% drop. SCO has until October 22 to get its stock price above $1 for 10 consecutive days or it will be delisted. Stock splits won't count.
    • Stock splits do count.

      Does NASDAQ accept reverse stock splits as a method to regain compliance with the minimum bid price requirement?
      Yes. NASDAQ views reverse stock splits as an acceptable method to regain compliance.
      Source:http://www.nasdaq.com/about/FAQsContinued.s tm [nasdaq.com]
    • Re: (Score:3, Informative)

      by RobertLTux (260313)
      its not that splits don't count its that the split/dump/resplit/redump cycle will most likely cause thier stock to break one of the other trigger values so even if they do a 10-1 reverse split if the stock then dumps 90% of value (currently trapped investors bailing out) SCOX will ram into the "market cap" triggerwall.

      of course then we have the problem that there are a few different PSJs that will cause massive damage to the cases if they go the not TSCOG way.
  • Microsoft arranged funding the scox-scox. We are learning - 3 years later - that msft was not successful in this particular censorship endeavor, but how many times has msft been sucessful in controlling information which might not be beneficial to msft?

    Also, remember: before the scam, scox was a linux company. Why would scox mind if ibm were improving linux? The company that funded the scam - the puppet-master - however, has a big problem with ibm, or anybody, improving linux.
  • by Fujisawa Sensei (207127) on Tuesday May 01, 2007 @09:42AM (#18940717) Journal

    Linus should be suing SCO for defamation of character because with they're lawsuits they're saying that's he's not competent to write a kernel, and accusing him plagiarizing of their code.

  • SCO always succeeds in making me gag.
  • by Random BedHead Ed (602081) on Tuesday May 01, 2007 @11:09AM (#18942141) Homepage Journal

    It's clear that they didn't bother to find the facts before filing these gag requests. That's entirely consistent with everything we've come to expect from SCO from the very earliest days of the IBM suit. There is no reasoning behind the things that SCO says and does, only gut reaction, and it's amazing how many pundits and lawyers they duped into helping them tilt at their windmills. They were losing market share, and therefore money, to a free OS, and 'felt' cheated, 'felt' that Linux was an illegal derivative of UNIX. So they assumed their 'feelings' would eventually hold up in court. They haven't, and they won't. They 'felt' people were conspiring against them - Groklaw, Linus, the FSF - but this was all a paranoid delusion, just like the delusions upon which the original lawsuit was based. There has been no reason, no research, and no reality to anything that they've alleged. They show woeful ignorance of how copyright licensing works, about how their opponents operate, and even about the contents of their own contracts (like the Novell asset purchase agreement that could blow up in their faces any day now).

    I remember when the original suit was filed and first made news, knowing nothing about how SCO operated and guessing that IBM was in big trouble, and Linux users (myself included) would end up having to fork from a pre-tainted version of the kernel, or do some other such drastic thing. I wanted details - the whole OS, or just the kernel? Or another part? Which code was stolen? Then the interviews came, and Darl showed that he didn't even understand the difference between Linux (the kernel) and 'Linux' (the GNU-based OS). This is a company that has a keen sense of smell for money, but not much sense for anything else.

  • You know, as I was reading this, I can't help but wonder if the "divided we stand" strategy is much better for open source, in general. We all know a legal storm can come at anytime and from any direction - even without evidence or cause. As they say, "money talks" and the SCO case illustrates that.

    If all of the open source advocates (ESR, RS, BP, etc) frequently worked *together*, they would present a pretty easy legal target for more SCO's out there. By staying fractured, open source is better able

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