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SCO Ordered to Produce Evidence 693

harmless_mammal and others wrote in with news from the SCO-IBM hearing in Utah today - apparently the judge has ordered SCO to respond to IBM's discovery requests within 30 days. IBM is asking SCO to tell IBM precisely what code it is alleging is infringing, and to date SCO has failed to show any evidence whatsoever. Some reports from the hearing are at Groklaw, which is already slow under the load. If SCO continues to fail to produce the evidence they've claimed they have, the judge will likely be very displeased, perhaps dismissing the lawsuit entirely.
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SCO Ordered to Produce Evidence

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  • Finally... (Score:5, Insightful)

    by Nasarius ( 593729 ) on Friday December 05, 2003 @03:55PM (#7642025)
    We can end all this SCO crap. Though I get the feeling that they've already gotten what they want...
    • by #define ( 193240 ) on Friday December 05, 2003 @04:00PM (#7642110)
      No, please! Don't end it! With the dramatic increase of SCO stories as of late, it would be worse than caffeine withdrawal if we didn't have at LEAST 3 SCO stories a day here.
    • Re:Finally... (Score:3, Informative)

      by ScottGant ( 642590 )
      Yes, I'm thinking that this is finally the beginning of the end of all this non-sense.

      Let's hope so. SCO needs to go off into the sunset and never be heard from again. If you own SCO stock, I'd advise dumping and running now. Or perhaps shorting the stock.

      • Re:Finally... (Score:5, Informative)

        by Zathrus ( 232140 ) on Friday December 05, 2003 @04:16PM (#7642352) Homepage
        If you own SCO stock, I'd advise dumping and running now.

        Which would be very wise -- the news wires don't appear to have this info yet. SCOX is down only 1.44% currently, while the facts of these decisions should mean a much harsher fall off. (Note, I don't have access to the "insider" wires, which typically have stuff long, long before it makes it to the general press).

        Or perhaps shorting the stock.

        Looks like you'd be joining the party... back in June/July under 5% of SCOX was shorted. According to Yahoo! Finances, they're up to 1.62M shares shorted (as of 10-Nov-03), which is slightly over 21% now. More impressive is that last month there were only 926K shares shorted -- a 75% increase in the number of shares shorted. Looks like there's some serious players who want to short it.

        Note - there's still no option market on SCOX. They're not big enough or heavily traded enough. Don't expect there to be one either. Unless, for some ungodly reason, SCO actually wins.
      • Re:Finally... (Score:5, Interesting)

        by HangingChad ( 677530 ) on Friday December 05, 2003 @10:38PM (#7645251) Homepage
        Yes, I'm thinking that this is finally the beginning of the end of all this non-sense.

        I'm not a lawyer but I know a couple federal judges pretty well. They're fairly patient, up to the point they think someone is not being entirely forthcoming. For some reason they get a real chip on their shoulder about that. If the judges I know are any guide, this was a really stern warning. Made all the more ominous by the time factor. 30 days in a case of this scope is a message in itself.

        If the intent is to stall, the SCO team should have planned to have something to turn in that will take time to analyze. Because if they don't have something pretty compelling ready in 30 days, they're in some deep shit. I wouldn't want to gamble on getting more time, either. Smart people would fold right here, so there's no fear of SCO doing that.

    • Not necessarily. (Score:5, Insightful)

      by Anonymous Coward on Friday December 05, 2003 @04:19PM (#7642384)
      Even IF the SCO crime syndicate is thrown out of court, they will continue to "plead their case" in the media like they've been doing. They've already got a few trained seals slapping their fins on command in the media (like Didio) in their favour.

      SCO needs a MAJOR smackdown if we're ever going to shut them up good.
      • It'll be too late... (Score:4, Interesting)

        by sterno ( 16320 ) on Saturday December 06, 2003 @04:02AM (#7646484) Homepage
        The thing is, if SCO has anything thrown out of court, then the presumption will be that none of their lawsuits have merit (which would likely be true). They can sue anybody they want at that point and their stock will continute to plumet and their reputation will continue to diminish.

        If SCO doesn't have some substantial for this judge by the deadline, I'm predicting this gets tossed out and the SCO drama will collapse under it's own weight. The only thing that'll prop up the SCO price is all the people selling it short rushing to buy stock to make their huge returns.
    • by danknight ( 570145 ) on Friday December 05, 2003 @04:22PM (#7642427)
      Oh well, have to go back to Microsoft bashing now....
  • by shystershep ( 643874 ) * <bdshepherd.gmail@com> on Friday December 05, 2003 @03:55PM (#7642027) Homepage Journal
    The judge could, indeed, dismiss the case if SCO refuses to comply, but that is an extreme remedy that is seldom used. I think SCO will either give the information (although probably not with "specificity") or else dismiss the suit on its own. As Michael's pithy tag-line says, this is a classic case of put-up-or-shut-up, and I (like most /.ers) doubt there is much of anything to "put-up."
    • by Anonymous Coward on Friday December 05, 2003 @04:00PM (#7642122)
      I think SCO will either give the information (although probably not with "specificity") or else dismiss the suit on its own.

      What's in it for SCO? They can only dismiss their own suit, not IBM's countersuit. Dismissing their own suit would be pretty damned close to admitting culpability in IBM's countersuit. Okay, their company is on its way to destruction anyway but I think they'll choose for a long drawn out death, not a quick one.
    • by leerpm ( 570963 ) on Friday December 05, 2003 @04:01PM (#7642138)
      And what about IBM's countersuit? I believe unless IBM also voluntarily agrees to drop its complaints, they still get to proceed against SCO too. SCO is going to get it one way or another. They have walked too far into this to just be given a 'get of court free' card.
      • by the_mad_poster ( 640772 ) <shattoc@adelphia.com> on Friday December 05, 2003 @04:16PM (#7642350) Homepage Journal

        Unfortunately, that's the way the cookie crumbles in the business world. If IBM decides that the cost of bringing Darl and company down exceeds the value of doing so, they won't do it. Justice, fairness, heck, even the law don't always apply in business decisions. If IBM doesn't think it's a good investment, IBM probably won't push it. They have a business stake in Linux, not an emotional one like a lot of us do.

        Of course, if there happens to be an issue of criminal wrong-doing here, that could be a whole different story that doesn't involve IBM's decisions at all.

        • by gmack ( 197796 ) <gmack@innerf[ ].net ['ire' in gap]> on Friday December 05, 2003 @04:39PM (#7642641) Homepage Journal
          Spending the extra money now will keep others from trying it and save money in the long term.

          A warning to the others is ample reason for IBM to grind them into the dust.

          If it were just about this case IBM would have just bought them outright since odds are that would have been much cheaper than this drawn out legal battle.
          • by rgmoore ( 133276 ) * <glandauer@charter.net> on Friday December 05, 2003 @06:07PM (#7643537) Homepage

            Somebody else pointed out an additional dimension, which is that IBM feels that its integrity has been impugned. A key part of SCO's suit is that IBM has failed to live up to its contractual obligations. That's a big deal in business, because nobody will want to deal with you if they don't believe that you'll hold up your side of the bargain. IBM clearly has a very strong business reason to want their reputation cleared, which is a driving factor behind the Lanham Act violation countersuit. I sincerely doubt that they would accept any deal that didn't clear up that issue unequivocally.

        • by hendridm ( 302246 ) on Friday December 05, 2003 @04:46PM (#7642718) Homepage

          > If IBM doesn't think it's a good investment, IBM probably won't push it.

          I completely agree, but it might be in IBM's best interest to discourage future lawsuits of this sort. I don't think they'd keep the countersuit out of revenge, I think they'd keep it so this sort of thing is less likely to happen in the future. I suppose it could be a double-edged sword if the GPL is ruled against, however. Even if the future lawsuit wasn't again them, they do have enough of a stake to want to prevent future FUD.

          We don't need another SCO.

    • by 47PHA60 ( 444748 ) on Friday December 05, 2003 @04:01PM (#7642139) Journal
      If dismissal is rare, what is a more common sanction against a plaintiff in this case? Would the court fine the plaintiff, or dismiss certain parts of the case stemming from the unprovided information?

      In this case, the lack of discovery seems to directly interfere with the defendant's ability to, well, defend, so I have been wondering how the case could be allowed to proceed without discovery.
      • by arivanov ( 12034 ) on Friday December 05, 2003 @04:10PM (#7642263) Homepage
        If the recent RamBus vs Infineon case is to be viewed as a precedent this generally entitles the judge to dimiss a number of claims and instruct the jury to ignore specific evidence presneted by the plaintif. Basically, SCO will be still allowed to fight, but the judge will decide should it have a hand, a leg or even all of its tentacles tied behind their back to a nice big concrete block.
      • by ninewands ( 105734 ) on Friday December 05, 2003 @04:22PM (#7642432)
        If dismissal is rare, what is a more common sanction against a plaintiff in this case? Would the court fine the plaintiff, or dismiss certain parts of the case stemming from the unprovided information?

        Well, this being federal court, the most common punishment for refusal to comply with discovery after an order compelling is to assess financial sanctions against the offending party's counsel[*]. I hope Boies et al really DID get millions up-front in addition to their 20% stake in any buy-out or settlement ... they may wind up needing it.

        [*] The theory being that it is an attorney's duty, to the court, to assure that his client plays by the rule.
    • by American AC in Paris ( 230456 ) on Friday December 05, 2003 @04:02PM (#7642159) Homepage
      I think SCO will either give the information (although probably not with "specificity") or else dismiss the suit on its own.

      ...happily, SCO can't dismiss IBM's countersuit. They're beyond the point of backing out unscathed by this...

      • by shystershep ( 643874 ) * <bdshepherd.gmail@com> on Friday December 05, 2003 @04:16PM (#7642355) Homepage Journal
        SCO can't dismiss the counterclaims, but IBM would probably settle very quickly for an agreement by SCO not to challenge its rights to UNIX/LINUX in the future. IBM is still a business, after all, and -- as emotionally satisfying as it may be to stomp SCO into a greasy film -- litigation is expensive. Without the threat to its business, IBM loses its incentive to pursure this matter.
        • by the unbeliever ( 201915 ) <chris+slashdot@a ... m ['k.c' in gap]> on Friday December 05, 2003 @04:25PM (#7642475) Homepage
          IBM is also a very proud beast, and its honor has been besmirched by this case. I wouldn't be surprised to see IBM litigate SCO into a blood mess over this, just to prove a point.
        • by pantherace ( 165052 ) on Friday December 05, 2003 @04:35PM (#7642582)
          Actually, it would make very good sense to squish SCO profoundly.

          1. GPL has never been involved in a court case, so some buisnesses see it as unproven (nevermind that very very few eulas have either and most have been to extreme.)

          2. What happens to the next piddling little company running out of money that may have something that they can BS into making it look like it's a big deal? This is another reason why IBM should squish them, so that they won't have to deal with it for quite a while. Litigation is expensive, and if you spend more on one case to prevent many others, then it does get cheaper in the long run, and IBM has *at times* been able to look to the long run.

          3. Litigation is expensive, and SCO made IBM do most of the research already... does IBM's legal department want to look like they just wasted $$? In most businesses, that isn't a good thing for the department.

          4. I know some people at IBM have got to be emotional over this. So throw back in the we are pissed at sco part. :)

          5. If they win, given that IBM registers it's copyrights (please please tell me if I am wrong) it isn't just 150,000$ (if sco won, because sco didn't register the copyrights). The winnings could definately help defray some of the cost of Litigation, and if you were IBM would you object to twacking one of M$'s cronies, and getting some M$ funneled money?

          • by DarkSkiesAhead ( 562955 ) on Friday December 05, 2003 @06:30PM (#7643743)
            I'd have to agree with shystershep that it wouldn't be worth IBM's time to pursue the lawsuit.

            1. GPL has never been involved in a court case, so some buisnesses see it as unproven

            IBM is not "some businesses" nor would IBM waste it's legal resources looking into matters that concern "some businesses".

            2. What happens to the next piddling little company running out of money that may have something that they can BS into making it look like it's a big deal?

            Huh? In no way could the countersuit set a precedent that "piddling little companies" should automatically lose to IBM. Each case of copyright infringement must be examined individually. Precedent plays no part.

            3. Litigation is expensive, and SCO made IBM do most of the research already... does IBM's legal department want to look like they just wasted $$? In most businesses, that isn't a good thing for the department.

            The amount of money already spent is completely irrelevant. IBM must weigh the remaining costs against the projected benefits of crushing SCO vs settling. Given that pursuing this in court will be very expensive (research is just one of many costs) and that crushing SCO doesn't benefit IBM any more than settling, I think the choice is easy. And the research money is certainly not "wasted" if it leads to SCO's law suit being dismissed.

            4. I know some people at IBM have got to be emotional over this. So throw back in the we are pissed at sco part. :)

            Since when did lawyers make important monetary decisions based on their emotions? Or the emotions of Linux advocates? Not likely.

            5. If they win, given that IBM registers it's copyrights (please please tell me if I am wrong)

            You are wrong.

            The winnings could definately help defray some of the cost of Litigation

            Let's speculate here. SCO has used shady legal shenanigans for years to pump up it's stock. All large purchases it has made have been mostly in stock. It's executives are being paid because dumbass investors believe their lies and buy their stock. Within about 0.002 nanoseconds of SCO losing their case against IBM every investor in the world will realize that SCO has no source of income, no product worth buying, and insufficient cash reserves. All of SCO's "wealth" will vaporize as their stock plummets. At this point any award against SCO is worthless because they won't have any money to hand over to IBM. So, why exactly does that seem like a worthwhile pursuit from IBM's perspective? (Hint: it doesn't.)

        • by American AC in Paris ( 230456 ) on Friday December 05, 2003 @04:36PM (#7642595) Homepage
          Without the threat to its business, IBM loses its incentive to pursure this matter.

          True enough, but they may determine that the cost of litigating SCO into the ground is worth making it crystal clear that they don't put up with this kind of thing. A quick settlement, while not as expensive right now, wouldn't entirely close the book on 'is Linux a safe choice for my business?' Seeing as Linux is big business for IBM, they may decide to go for the easy kill now and avoid problems from someone else later...

        • by El ( 94934 ) on Friday December 05, 2003 @04:38PM (#7642624)
          No, SCO has seriously damaged IBM's business, taking money out of their pockets. IBM needs to make an example out of them, preferably getting the SEC involved. You DON'T want to send the signal that "playing the Linux lottery" has no downside; that would only encourage other slimey types with no viable business model to attempt simular tactics. Oh, and if IBM is anything like Intel, their lawyers get paid the same regardless of whether or not they crush SCO into greasy pink pancakes, so letting SCO off easy won't save IBM any money.
          • Greasy Pink Pancakes (Score:4, Informative)

            by shystershep ( 643874 ) * <bdshepherd.gmail@com> on Friday December 05, 2003 @05:08PM (#7642977) Homepage Journal
            I'm all for IBM pursuing this to the bloody end, but to play the devil's advocate here the downside to the "Linux lottery" is the millions that SCO has paid its attorneys in cash and stock options, with no return on its investment other than the loss of its legitimacy and good will as a software provider.

            As for IBM's lawyers, I don't know the details of IBM's internal structure, but generally speaking in-house counsel handle thinks like transactions and reviewing licensing agreements. Big-time litigation is contracted out to firms that specialize in litigation. You may be thinking that IBM is probably involved in enough litigation to justify hiring its own trial lawyers, but think about how many jurisdictions they would have to be licensed in to be worthwhile (it's very unusual for lawyers to be licensed in more than a couple states -- bar exams just aren't that fun, not to mention the yearly continuing education requirements for each state). I do know some details about another behemoth business entity, Wal-Mart, and its legal department handles contracts and real estate, and that's pretty much it.

        • by astroboy ( 1125 ) <ljdursi@gmail.com> on Friday December 05, 2003 @05:05PM (#7642939) Homepage
          IBM would probably settle very quickly for an agreement by SCO not to challenge its rights to UNIX/LINUX in the future.

          No.

          IBM stands accused by SCO of breaching a contract between the two and divulging priviledged information or methods to others by contributing code to Linux.

          IBM has as customers the governments of just about every country in the world that can afford to invest in IT. IBM provides solutions to hospitals, research centers, and buisnesses all who deal in sensitive or proprietary information. IBM can not have people going around saying that IBM broke a contract, especially by not treating sensitive data or methods correctly. IBM must, as a buisness priority, have SCOs claims declared completely baseless.

          Which, cheerfully enough, means that IBM can't settle for anything less than the complete dismantling of SCOs claims, which will be quickly followed by the destruction of SCO by IBM's counter claims.

    • by Zeinfeld ( 263942 ) on Friday December 05, 2003 @04:11PM (#7642290) Homepage
      The judge could, indeed, dismiss the case if SCO refuses to comply, but that is an extreme remedy that is seldom used.

      The courts are seldom presented with cases as completely devoid of merit as this one.

      I certainly wonder if the judge will dismiss the case out of hand if SCO turns up next to nothing yet again in 30 days time. I don't expect an outright refusal, I expect a second game of hunt the copyright violation. But I also doubt that the judge is going to allow SCO to simply slide until the next 30 days ad infinitum.

      Instead I think that the court will start with remedies like a fine and sharply reduce the scope of the case, if sco will not reduce the number of claims the court will. It happens all the time in complex cases, if you claim the defendant engaged in malpractice on 10,000 occasions the judge will tell you to pick five specific instances and the case will proceed from there. If you won't choose the five instances the judge will choose for you. If you loose on those five instances you loose the whole case.

      Courts are real sticklers for deadlines in cases like this where they suspect one side is manipulating the system. The appeals courts have no sympathy either. Court dockets are overcrowded enough as it is.

  • by frank687 ( 665560 ) on Friday December 05, 2003 @03:56PM (#7642045)
    You know you have a popular site when you are Slashdotted even before your story hits /.
  • by Anonymous Coward on Friday December 05, 2003 @03:56PM (#7642051)
    From Groklaw:

    First Report from Grokker Inside Hearing: IBM Wins Both Motions to Compel Friday, December 05 2003 @ 02:30 PM EST

    Our first report from a Groklaw volunteer, sam, who attended the court hearing is that IBM won both of its motions to compel and SCO's motion was set for a later date. Here is what sam is telling us, and it's subject to further information and confirmation as more news arrives. We have several attending and I'll do a followup, but this is the first word. Here is what sam is telling us:
    "Just returned from the hearing.
    "Needless to say there was blood all over the floor on the SCO side of the aisle none on the 'left' side.
    "Judge granted both IBM motions to compel, gave SCO thirty days to comply 'with specificity' and suspended further discovery. Did not rule on the SCO motion until next hearing scheduled for Friday, Jan 23 and 10:00 am.
    "SCO did say that they will be filing a complaint within days on copyright violations.
    "More to come"

    So it looks like they have 30 days to finally tell us what code they are talking about "with specificity". Finally.



    like the little bitch that he is ;)
  • Uh oh! (Score:5, Funny)

    by Wesser ( 640550 ) on Friday December 05, 2003 @03:56PM (#7642054)
    They better be careful or SCO may sue the judge.
  • by grub ( 11606 ) <slashdot@grub.net> on Friday December 05, 2003 @03:57PM (#7642055) Homepage Journal

    Each side has spent bucketloads of money and all the judge could come up with so far is "Shit or get off the pot."

    Fabulous.
    • by TWX ( 665546 ) on Friday December 05, 2003 @04:12PM (#7642297)
      "Each side has spent bucketloads of money and all the judge could come up with so far is 'Shit or get off the pot.'"

      In all likelihood, the lawyers that IBM uses are on retainer, and this hasn't really cost IBM much for legal fees. Thing is, this smear campaign has been damaging enough that once this is all said and done, IBM will be able to add libel and slander to it's complaints against Darl and his other brother Darl. All that they'd have to supply is proof of lost business or delayed business from people cancelling orders citing the SCO fiasco, and even if they're just delayed orders, IBM is a large enough company that months of inflation alone might be enough to show lost revenue.

      The bitchslapping of Caldera is something that I'm looking forward to.
  • by pjrc ( 134994 ) <paul@pjrc.com> on Friday December 05, 2003 @03:57PM (#7642060) Homepage Journal
    At least the outcome wasn't as dire as predicted here [yorgalily.org].
  • Court Costs (Score:5, Insightful)

    by mirio ( 225059 ) on Friday December 05, 2003 @03:57PM (#7642066)
    Hopefully the judge will order SCO to pay for the courts' time in filing such a meritless suit, a practice I believe our entire tort system should follow.
  • Public...? (Score:5, Interesting)

    by BJZQ8 ( 644168 ) on Friday December 05, 2003 @03:57PM (#7642067) Homepage Journal
    If this "evidence" is produced...will it become immediately public, or be only for the use of the lawyers and/or court?
    • Re:Public...? (Score:5, Informative)

      by jon787 ( 512497 ) on Friday December 05, 2003 @04:05PM (#7642199) Homepage Journal
      IANAL, but I believe in cases were trade secrets are required to come out for the purposes of having a fair trial the Judge can have that evidence sealed so that it doesn't become part of the public record.
      • Re:Public...? (Score:4, Interesting)

        by TWX ( 665546 ) on Friday December 05, 2003 @04:16PM (#7642342)
        "...but I believe in cases were trade secrets are required to come out for the purposes of having a fair trial the Judge can have that evidence sealed so that it doesn't become part of the public record."

        Thing is, since this involves a third party, in the form of Linus Torvalds et al., might they be entitled to the infringing code, so that they can confirm origins and need for removal? If so, it would be extremely easy for us to determine what the infringing code is, since all we'd have to do is compare an allegedly infringing kernel with a 'clean' kernel, note the changes that are voluntary improvements, and look at the rest...
  • by Royster ( 16042 ) on Friday December 05, 2003 @03:59PM (#7642097) Homepage
    IBM does not have to respond to any more of SCO's interrogatories until and unless SCO coughs up and SCO's motion to compel is heard in late January.

    Also, SCO admitted that IBM didn't put any Sys V code in Linux. They are claiming that IBM misappropriated Unixware trade secrets they learned in the Monteray project. They are also claiming that IBM had a contractual obligation to keep RCU, and NUMA technologies confidential. Expect that argument to be thoroughly demolished by IBM's crack legal team as opposed to SCO's crack-smoking legal team.

    A big win for IBM in this legal chessgame.
  • by !Squalus ( 258239 ) on Friday December 05, 2003 @04:00PM (#7642121) Homepage
    As Cartman would say, " I'll Roshambeaux you for it!"

    If you don't watch South Park, you won't get it. IBM just claimed the right of first kick. :)
  • by yeremein ( 678037 ) on Friday December 05, 2003 @04:01PM (#7642130)
    The hearing covered the Motions to Compel filed by both IBM and SCO.

    The judge granted IBM's motions, forcing SCO to reply within 30 days, but did not rule on SCO's own motion to compel against IBM--that was postponed until Jan 24.

    SCO has to show its evidence first--the court will not allow SCO to fish for evidence of IBM's wrongdoing eight months after filing suit.
  • by burgburgburg ( 574866 ) <splisken06@nospAm.email.com> on Friday December 05, 2003 @04:01PM (#7642137)
    Are you crazy? Darl isn't fully vested yet! Canopy hasn't completed all of their pump and dump schemes! There are still astonishingly stupid Fortune 1000 companies that are trying to pay SCO!

    And what about /.? What are we to do without SCO? Go back to Microsoft bashing? Too easy. Troll about Natalie Portman and hot grits? Too two weeks ago, man.

    And what about Groklaw? Who will /. them if not us trying to see the latest SCO foolishness!

    Just stop it, right now!

  • Going down (Score:4, Interesting)

    by Anonymous Coward on Friday December 05, 2003 @04:01PM (#7642143)
    This is the beginning of the end for SCO. They have 30 days to show the code and then they will die. They have no code. Even if, by some miracle, they did have code it would be removed, no matter what the effort.

    Once this copyright thing is dead we just have to bone up on our patent law. That is next and is the real threat. Think of this as an easy warmup. We either need IBM to use its huge patent portfolio to protect OSS or we need to get the ridiculous laws changed. Note that an IBM defense just leaves the hole open for any two bit company with some backing to come up and make a fuss, the laws have to change.

    There are miles to go before we sleep.

  • Darryl McBride (Score:5, Interesting)

    by mikeee ( 137160 ) on Friday December 05, 2003 @04:02PM (#7642152)
    What's really bizarre is that apparently none of the high-priced lawyers from Boise & Co. even showed up at the hearing. SCO was represented by...

    Darl McBride's brother.

    WTH? Did DB finally realize his client was, um, fibbing to him and that he was filing a frivolous lawsuit?

    The really telling thing is whether the upcoming copyright suit against a user comes from the Boies firm or from SCO directly. If the latter, we can figure that Boies has wised up and is inching away with his cash.
  • by Maimun ( 631984 ) on Friday December 05, 2003 @04:02PM (#7642157)
    See this [yahoo.com]. It has to be related to the order to produce evidence?
  • SCO vs. The World (Score:3, Insightful)

    by Ridgelift ( 228977 ) on Friday December 05, 2003 @04:03PM (#7642181)
    Judge granted both IBM motions to compel, gave SCO thirty days to comply 'with specificity' and suspended further discovery

    The same brute power of the Open Source movement is at work with this lawsuit as well. Should the code ever become public, you can be assured that the source of the source will be sourced faster than you can say...uh...'source'.

    I'm looking forward to seeing how Darl and Co. spin this one!
  • by l0ungeb0y ( 442022 ) on Friday December 05, 2003 @04:04PM (#7642186) Homepage Journal
    Peter Mayhew, actor best known for his role as Chewbacca in Star Wars, the Empire Strikes back and Return of the Jedi has stated that he has been asked to reprise his famous role by a Utah Based Software Company. Details at this time are scetchy but Mayhew did comment that "I'm delighted to return as Chewbacca, Chewbacca lived with with Ewoks on Endor, I know it doesn't make any sense".
  • by freidog ( 706941 ) on Friday December 05, 2003 @04:05PM (#7642200)
    that they'll produce some of the same public domain type code we saw in the SCOforums to the judge, then claim that if it was stolen from their System V code or is a matter of fact for a jury to decide...
  • by gentgeen ( 653418 ) on Friday December 05, 2003 @04:06PM (#7642214) Homepage
    I know that I for one do NOT want this case dismissed. I would like to see it finished out for the future of Linux and the GPL. Let's put all this rubbish to bed. If this thing goes to court and SCO losses, then Linux and the GPL will be that much stronger. Less likely to be attacked down the road.
  • fraud (Score:5, Insightful)

    by sstory ( 538486 ) on Friday December 05, 2003 @04:07PM (#7642223) Homepage
    SCO is knowingly making false and misleading statements which negatively impact IBM, RedHat, etc. Furthermore they are representing themselves to linux-using businesses as owners of Linux IP and demanding license fees. This is all not just unlikely to succeed, but in fact illegal. It's fraud. If prosecutors want to deal with it, Sontag, McBride, etc could see themselves facing not just civil actions which could be ameliorated by resignation and/or bankruptcy, but criminal actions. And I hope they do. They represent a destructive force, they are theives, and I hope they suffer the consequences.
  • by Malor ( 3658 ) * on Friday December 05, 2003 @04:07PM (#7642225) Journal
    Great... so instead of posting a mirror, they make ABSOLUTELY SURE that Groklaw melts down.

    I'm sorry, guys, but I really think this is crappy. You cry about how it's hard to mirror stuff, because it would require *gasp* permission. So instead of taking a little extra time, particularly when you know that the remote server ALREADY can't handle the load, you aim tens of thousands of hits at them.

    I'm sure this isn't the intention, but it is essentially a deliberate DoS.

    Enough excuses, already.... the prior permission thing just doesn't work anymore. Google mirrors practically EVERYTHING and they don't have specific permission. You can live by the same rules they do.

    At the VERY least, in cases where the server is already obviously choking, post a synopsis without a link.
    • Great... so instead of posting a mirror, they make ABSOLUTELY SURE that Groklaw melts down.

      I'm sure this isn't the intention, but it is essentially a deliberate DoS.

      Ease up. GrokLaw is holding on just fine. It has been /.'ed so many times lately (37.000 hits in an average wave) it'll survive just about anything. Runs Apache on Linux, of course :)

      Pamela is the right person at the right place at the right time - with the right motivation. She's holding up great as well. Probably she's the one single person to have brought in most benefit in the whole thing, she's making it obvious to all that this is a crap case in the first place :) Even the IBM legal team is quoting GrokLaw. In court, that is. Rock on!

  • Report (Score:5, Interesting)

    by Mr. McGibby ( 41471 ) on Friday December 05, 2003 @04:08PM (#7642248) Homepage Journal
    Some classmates and I in the PMST [utah.edu] program at the University of Utah [utah.edu] just completed a Business Fundementals course. As part of the course, we completed a semester long project that analyzed The SCO Group. We came to same conclusions that many analysts did, that if SCO wins this case, it will be huge for them. But no one can come close to saying for sure that they are going to win. Download the report here [xmission.com].
  • What about... (Score:3, Interesting)

    by Azureflare ( 645778 ) on Friday December 05, 2003 @04:09PM (#7642250)
    The GPL? If this case is dismissed, that will mean the GPL will still need to be tested in court. A precedant needs to be set for the GPL one day. Perhaps this time has not yet come?

    SCO has been spouting a bunch of garbage (as has recently been posted here on slashdot) about what the GPL means and what the people behind the free software and open source movement stand for. Will anything come of those claims by SCO? Will they be challenged? I'd like to see some libel/slander charges brought against them, or at least some defamation lawsuits.

  • by BanjoBob ( 686644 ) on Friday December 05, 2003 @04:11PM (#7642276) Homepage Journal
    If SCO continues to fail to produce the evidence they've claimed they have, the judge will likely be very displeased, perhaps dismissing the lawsuit entirely.

    This judge cannot dismiss the case because this is NOT the judge that will try the case. The trial judge can take a recommendation from this judge, which is possible.

    The only thing that remains is what is SCO going to produce within the next 30 days.

  • by MImeKillEr ( 445828 ) on Friday December 05, 2003 @04:12PM (#7642302) Homepage Journal
    .. than the judge simply throwing the case out. Let's hope he orders SCO to pay IBM's legal fees, forces SCO to require court clearance to sue anyone else, and orders/suggests an inquiry into SCOs stock price manipulation in addition to throwing out the case.
  • by chill ( 34294 ) on Friday December 05, 2003 @04:13PM (#7642312) Journal
    This whole SCO fiasco was concocted by the geeks over at Groklaw to stress test their servers!

    1. Patch
    2. Post to Slashdot
    3. Monitor Load
    4. If crash, go to 1 else
    5. Profit!!
  • by The Analog Kid ( 565327 ) on Friday December 05, 2003 @04:13PM (#7642315)
    Even if this case does get dismissed, there still is IBM's countersuit. I'm sure IBM will still pursue their claims against SCO, when this case is ended once an for all.
  • by bluelarva ( 185170 ) on Friday December 05, 2003 @04:27PM (#7642497)
    1. Detailed migration plan and tools to ease transition from SCO UnixWare to Linux. This includes researching companies that will do his service. A paper showing hard numbers on the cost savings and benefit of migrating away from SCO Unixware.

    2. Create a collection of testimonials from former SCO customers who has successfully migrated away from SCO products.

    3. Extensive benchmark showing inferiority of SCO Unixware.

    4. Feature comparison between SCO Unixware and Linux.

    5. Create a list of things Linux can do that SCO products cannot do.

    6. List of hardware that Linux supports which SCO products do not.

    7. Create a list of companies using SCO product and educate these companies about findings from 1 - 4.

    8. Urge Free Software and Open Source developers to drop support for SCO Unixware across all softwares being developed. GNU Software (GCC, Emacs, libraries, autotools, base utils), Samba, Apache, OpenSSL, OpenOffice, XFree86, Gnome, KDE, etc.

    9. Dissemination of information regarding insider trading of SCOX stock. Collection of detailed information on who is selling how much shares and when.

    10. Analysis of all SEC filings by SCO especially that part about disclosure of all SCO's competitors and it's liability with investing money in SCO.

    11. Create a collection documents debunking every single press releases, interviews and official statement made by SCO officials. Dissection of every sentence ever came out of Darl McBride's mouth clearly citing fallacies, misinformation, and contradictions.

    12. Create a list of all patents held by SCO and then systematically try to disprove the validity of those patents by citing prior art.

    13. Start a letter writing campaign to Wall Street analysts of all the findings from above. (There has to be Linux users who has connection to Wall Street folks.)

    Any thought?
    • by randombit ( 87792 ) on Friday December 05, 2003 @05:25PM (#7643162) Homepage
      8. Urge Free Software and Open Source developers to drop support for SCO Unixware across all softwares being developed. GNU Software (GCC, Emacs, libraries, autotools, base utils), Samba, Apache, OpenSSL, OpenOffice, XFree86, Gnome, KDE, etc.

      The GCC 3.4 snapshots have a note in the root directory (README.SCO), which basically says "SCO is a bunch of jerks, and we're considering dropping support for SCO Unix".

      While I've never used Unixware, by all reports it's so totally broken that I figure a) it might simplify the build magic quite a bit to drop the bitch anyway, and b) who the hell uses Unixware? Makes much more sense to support something like QNX than Unixware (I would add that a lot of GNU stuff *doesn't* support QNX). Of course that would be up to the developers of each project. But if, say, GNU tommorow said "All GNU projects will from now on explicitly not support Unixware"... well, I would be amused.
  • I just had lunch (Score:5, Interesting)

    by cxreg ( 44671 ) on Friday December 05, 2003 @04:37PM (#7642616) Homepage Journal
    With Alan Meckler, the CEO of Jupitermedia. His company recently put on the CDXPO conference where Darl gave a keynote speech [slashdot.org]. I asked Alan if he had attended that keynote, and he said that he had.

    I believe his quote was, "He's like a Nazi propagandist, trying to convince everyone that concentration camps are for the good of the country"
  • by mcc ( 14761 ) <amcclure@purdue.edu> on Friday December 05, 2003 @04:50PM (#7642787) Homepage
    From the standpoint of the Open Source Community, this is about the best thing that could be hoped to possibly happen. This means that within 30 days, the question of "is there SCO code in Linux?" will be definitively answered, legally. So in 30 days, either we will know for a fact no, there never was any SCO code in Linux, or we will know exactly where it is. (SCO may try to play the "trade secret!" rule and get the locations sealed, if they exist, but I can't see this succeeding-- the part that would theoretically be a trade secret, the code itself, would already be leaked no matter what. I doubt they would outright claim in court "the locations of the code are a trade secret becuase once they're known, we can no longer make vague allegations and drive up our stock price, our primary product"..) This means two things:
    1. In 30 days plus a very short amount of time to do some cleaning in the linux codebase, there will be no SCO code in Linux at all and SCO will not be able to claim otherwise without admitting they lied to a judge in the IBM case discovery.
    2. Once SCO has to present EXACTLY what its evidence and allegations are, not just "Linux stole some stuff", they will have a MUCH harder time obfuscating their allegations toward the Linux community by confusing them in the public mind with the rather straightforward contractual-obligation suit SCO has going on with IBM...
  • Dear Santa. (Score:5, Funny)

    by wowbagger ( 69688 ) on Friday December 05, 2003 @04:52PM (#7642813) Homepage Journal
    Dear Santa

    Thank you for the most excellent gift, and early to boot!

    Now, if you could just see your way to also delivering my request about spammers, I will endevour to be a VERY good boy this year.
  • by clacour ( 621903 ) on Friday December 05, 2003 @05:30PM (#7643211)
    I had a bit of an epiphany last night, thinking about McBride's comments about the GPL.

    I started out thinking about all the ways that I could demolish his argument (not terribly hard), when the thought suddenly occurred to me that, in a sense, that was exactly what SCO wanted.

    Let's use a little common sense on the whole SCO thing.

    First off, toss out a couple of emotionally popular but rather unlikely theories:

    1) Darl McBride is insane, in the medical, legally-incompetent sense of the word. If he was, the rest of SCO and the Canopy Group would have shut him down a long time ago. Similar reasoning applies for "unbelievably stupid", "totally ignorant" and similar epithets.

    2) #1 is true, but for everybody in SCO and Canopy, not just Darl, which is why he's still there. Ok, c'mon. If you're that out of touch with reality, talk to your doctor about upping the dosage on the little green pills.

    A common allegation is that Darl McBride is a greedy money-grubber with the morals of an advertising exec. This is probably true, but in America, at least, being greedy on behalf of your company is not only not frowned on, it is (somewhat) required by law. (There is a SEC regulation that requires all publicly-owned corporations to try and maximize the value of their stock. Since it says nothing about HOW that's to be done, the range of tactics is pretty wide. You won't find any American corporations saying "We gave away all our profits, 'cause we felt like being nice guys", though.)

    SCO's basic strategy is obvious: Fire the shotgun everywhere possible, as often as possible, and see what sticks. I saw an article the other day that said the software business in 2004 was predicted to be about $230 billion. If SCO can get 1/10 of 1% of that, they'd be ecstatic.

    Another characteristic that McBride has, he shares with lawyers, politicians, and most high-powered types in business: a thick skin. I very much doubt he has been bothered in the least by the various vilifications called down on him by his detractors.

    I think he was a bit surprised at it when it first started, but since then, it's been more of a weapon in his arsenal than anything else. If he is not bothered by name-calling and accusations, but the other side (the open source community, in general terms) is, then the more furious the argument, the better his odds of being able to find a weak point and exploit it somehow. At the very least, he (and SCO) can point at all the ranters and ravers and claim "With enemies that act like THAT, doesn't it make sense that we're the ones in the right?" (Something along these lines may be what got the money out of Baystar.)

    If you're caught up in a strong emotion, you're not entirely sane. If you're angry, all kinds of little things you would ordinarily blow off make you even angrier. If you're ecstatically happy, you can find a silver lining in a mushroom cloud.

    The reason I brought up politicians, lawyers, and CEOs earlier is that they all have one thing in common. I called it a "thick skin" earlier. Another way to describe it is that they have the ability to climb out of their emotions and think rationally again about whatever the subject is. That ability is what gets them paid the big bucks.

    So what I think SCO is doing with a lot of the more unbelievable claims they've made (like the attack on the GPL last night) is not to seriously convince anyone of that position, it's to stir up trouble. The more emotional the opposition gets, the better the odds that something, anything, will happen that he (they) can exploit. It goes with the shotgun approach: the more you get things stirred up, the more targets of opportunity there are.

    Fortunately for IBM, they have good lawyers, who haven't been influenced in any way they shouldn't be by the public furor. They simply stuck to the facts and the law. My favorite element of what they've been saying is that it's mostly in plain English. When one side speaks English and the other sid

  • by r_j_prahad ( 309298 ) <r_j_prahad@NOSpAM.hotmail.com> on Friday December 05, 2003 @05:31PM (#7643221)
    shit || getoff(pot) /* should not have gotten this far */
  • by sdcharle ( 631718 ) on Friday December 05, 2003 @05:31PM (#7643224) Journal
    SELL! SELL! SELL!
  • by rice_burners_suck ( 243660 ) on Friday December 05, 2003 @11:56PM (#7645622)
    30 days later...

    After investing billions of dollars into researching the theft of its intellectual property, SCO produces the following source code in court:

    }

    According to The SCO Group's respectable CEO, Mr. Darl McBride, one million of the above lines were found in various source code files pertaining to Microsoft Windows XP, proving that the Linux community did, in fact, steal one million lines of valuable SCO intellectual property.

    Mr. McBride had this to say about his discovery:

    The United States Constitution explicitly forbids the stealing of Unixware code! Furthermore, as clearly stated in paragraph 921 of the First Amendment to said Constitution, the GPL is an unconstitutional license! Copyright law explicitly forbids free operating systems! Linux hackers, axe in hand, spend all their time physically hacking apart mainframe systems belonging to SCO and its partners! They smashed up my own mainframe in my own house! Microsoft's Windows XP is based on technologies developed by me, Darl McBride, five hundred years ago! These technologies are our valuable intellectual property! This is a government conspiracy, I tell you! You're all going to die! Armageddon is coming!!! You...
    (Darl could not finish commenting because the orderlies carried him back to his padded room at this point.)

Your password is pitifully obvious.

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