Judge Petitioned To Unseal SCO-IBM Court Records 301
An anonymous reader writes "Groklaw is reporting that Maureen O'Gara has applied to the judge to open all and any filings or transcipts that till now have been sealed by the Utah district court hearing the SCO Group's $5 billion suit against IBM. Groklaw's Pamela Jones notes that 'O'Gara believes the public can't understand the case, because of the sealing' and some of the Groklaw.net members seem to agree that, that since in the U.S. any citizen has a right to review court records in order to monitor the performance of a judge, that O'Gara's 'motion to intervene' will most likely succeed." An anonymous reader writes that Jones last night said of the request "that she is 'of two minds' about the filing: 'I'm crazy wild to read everything. But on the other hand, the court and the parties wouldn't seal things without a reason that seems good to them. I believe in privacy, personally, and I don't think the public has a "right" to know everything.' The legal filing to unseal everything has not yet become available via Pacer."
Nothing for you to see here. Please move along. (Score:5, Funny)
Re:Nothing for you to see here. Please move along. (Score:5, Funny)
Hmmm....
Is this like how old people can feel the rain in their bones? Can you feel a slashdotting?
Re:Nothing for you to see here. Please move along. (Score:2)
Re:Nothing for you to see here. Please move along. (Score:2)
What do you want, my firefox history?
Re:Nothing for you to see here. Please move along. (Score:4, Funny)
Re:Nothing for you to see here. Please move along. (Score:4, Informative)
At last (Score:3, Funny)
I'm of the mind.... (Score:2, Insightful)
Re:I'm of the mind.... (Score:2)
In a civil lawsuit?
I mean yes, we're paying a judge to... well, play judge, but that's about the extent of the government's involvement in this particular civil suit.
Re:I'm of the mind.... (Score:2)
So, I'd say this has a big impact on everyone, and the government is very much involved.
Re:I'm of the mind.... (Score:2)
You for one have already welcomed your SCO overlords?
Re:I'm of the mind.... (Score:2, Funny)
As pointed out by PJ on Groklaw (Score:5, Insightful)
Re:As pointed out by PJ on Groklaw (Score:4, Insightful)
Re:As pointed out by PJ on Groklaw (Score:3, Insightful)
Re:As pointed out by PJ on Groklaw (Score:3, Insightful)
That's what I was (inelegantly) attempting to say.
Re:As pointed out by PJ on Groklaw (Score:2)
Re:As pointed out by PJ on Groklaw (Score:2, Interesting)
Not to be a jerk ... (Score:5, Insightful)
We still know nothing about what SCO allegeds was stolen. If we knew, the Open Scource community could remove and rewrite offending parts in a few months. (I guess, IANA programmer) Why are people proud that FUD is the only thing they can produce?
Re:Not to be a jerk ... (Score:2)
As others have said, there is some need for privacy here. IBM's AIX source code should not be published to the world just because some idiots file a court case and some third-party observer sees it as a chance to get nosy.
Re:Not to be a jerk ... (Score:2)
Therefore, in the United States, corporations are people for most purposes.
Re:Not to be a jerk ... (Score:2)
Therefore, in the United States, corporations are people for most purposes.
That legal document states that for legal purposes, corporations are given the same rights as a person. That does not make them people. Even if Congress passes a law that specifically says that corporations are people, it still does not make it so. If congress passes a law, the pope blesses it, and Jesus comes down from heaven and stamps it "approved by GOD" that still doesn't make it so.
The law has little to do with "most pur
Re:Not to be a jerk ... (Score:2)
No offense.
None taken, but if he lives up to his reputation, I'm siding with the accuser.
Re:Not to be a jerk ... (Score:5, Interesting)
It's a double-edged sword, but if you learn more about it, you might realize it does more good than harm.
Re:Not to be a jerk ... (Score:5, Insightful)
You don't need personhood to do this - just corporate entityhood. What's the difference? Personhood entitles one to various "human rights" such as freedom of speech, rights to participate in the political arena, etc., that are not actually required for a corporation to operate as an economic entity. In short, why do you need to be a person for me to sue you?
This blurring of lines between personhood and "corporate economic function" has hurt people in that it gives certain "economic supermen" (e.g., vast resources, live forever, etc.) undue influence in the polity and hurts the economic world by making it easier for corporations to use political and judicial influence to distort the economic plane. It was a bad decision that will lead to capitalism's downfall (and perhaps that of enlightenment era governance, as well).
Re:Not to be a jerk ... (Score:3, Insightful)
You go after the company or it's directors in every country other than the USA which is the only place where this wierd corporation anthromophification exists.
It's also worth pointing out that the corporations have the right ot privacy now but the individuals don't. Don't beleive me? The corporations get to see your credit rating, but they can stop you finding out things about them.
Public Can't Understand? (Score:4, Insightful)
The part of the public that doesn't understand the case is not going to read these documents anyway. This would however allow experts to analyze the case more effectively, which will in turn benefit the general public's understanding of the case. All in all though, you've got to be in favor of these documents being opened up.
Re:Public Can't Understand? (Score:5, Interesting)
Actually, as a person following this case, the thing that is sealed, and that O'Gara is filing to have unsealed (digression: I've not read the motion, so I can't say exactly what she's asking to have unsealed. But given her past writings on the subject I pretty sure I know what she's after), is an internal IBM memo that SCO contends shows evidence of IBM fraud in their dealings with oldSCO's project to port unixware to itanium. IBM claims to have provided the memo on accident, and that it is a privledged document that should not have been given to SCO. SCO basically agrees that it's not admisible evidence, but touts it as evidence that they need more discovery before IBM's summary judgement motions should be heard.
I'm all for open records, but in this case I don't want the seal to be lifted, and here's why.
SCO has been chomping at the bit to release this letter. They have made many references to it in their filings. They even read bits of the letter *aloud* in open court - the judge has since ordered that the transcript be sealed. But there were journalists there, and O'Gara (even though she was not there) has basically reported what was said --- despite the fact that SCO basically violated a court order when they read it.
This whole sorry business seems like a SCO orchestrated attempt to try and make IBM look bad, and I'm wholeheartedly against it. SCO's misconduct should not be rewarded; the seal should not be lifted.
Re:Public Can't Understand? (Score:4, Informative)
Champing, not chomping. Humans chomp, horses champ.
It's "champing at the bit."
Champ \Champ\, v. t. [imp. & p. p. Champed; p. pr. & vb. n.
Champing.] [Prob, of Scand. orgin; cf. dial. Sw. k["a]msa
to chew with difficulty, champ; but cf. also OF. champier,
champeyer, champoyer, to graze in fields, fr. F. champ field,
fr. L. campus. Cf. Camp.]
1. To bite with repeated action of the teeth so as to be
heard.
Foamed and champed the golden bit. --Dryden.
2. To bite into small pieces; to crunch. --Steele.
Re:Public Can't Understand? (Score:2)
They have these lovely websites, full of nice sories, but does anoyone make any descions based on these guys ? I compare this to the scamdicappers in the newspapers with their "Lock of the week" picks.
Not mentioned in /. (Score:4, Insightful)
Re:Not mentioned in /. (Score:4, Insightful)
Honestly how many people here don't have hard feelings for what SCO has done.
Re:Not mentioned in /. (Score:5, Informative)
Re:Not mentioned in /. (Score:2)
Linux Business Week is not "various news sources." Hell, I wouldn't even consider it one news source.
Re:Not mentioned in /. (Score:3, Insightful)
Re:Not mentioned in /. (Score:3, Insightful)
Noted Anti-Linux FUD site slashdot.org had a very similar headline: Linux Violates 283 Patents, says Insurance Company [slashdot.org]
But, I'll ask you, why would a company issue a press release about (potential) patent infringement, especially when they stand to make money from it, if
Publicity in court (Score:3, Insightful)
Whatever. It seems like judges are allowed to do whatever they want in their courtroooms, and no other branch of government gets to keep it in check (after all, an appeal judge will support his buddy judge in an appeal of a judicial decision).
In this case, I feel like the information should be made public, mostly because I think it would be great for the public to see that SCO's case is baseless and help clear the name of Linux before decision-makers decide to choose something other than Linux. I also don't see the point of making this case so private, there doesn't seem to be any sort of really good reason to make a case private (strong mafia/mob witness protection type issues, etc.). So, let's hope this filing succeeds.
At what point though (Score:3, Insightful)
I would agree with this on the surface...at least for things like National Security Issues, Trade Secrets and other things that do not belong in the public domain. But two things come to mind.
One: This is now a public issue, it has been brought into the courts. There is nothing going on here that should not be in the light of day if someone wants to wade through all the court docs.
Two: At what point does the line get drawn between public disclosure? Some things are obvious. How to make a hydrogen bomb, nope, shouldn't come out even if it is part of court documents. But where does the line end?
Is SCO using the thinking (right or wrong) that this is their proprietary information, therefore the public has no right to it? Wouldn't it be no less proprietary if we could all see it? If they win (blech) then it doesn't matter, we still can't "use" it. If they lose, then well, we can and it doesn't matter either.
Or, are they just using court procedure to hide from the public(media) that their case is weak/strong?
Re:At what point though (Score:2)
funny headlines (Score:2, Funny)
as in: judge breaks the seal, evil spirits fly around the room causing peoples faces to melt, but then turning into a ghostly darl in the electric chair. The judge looks scared and says NO... not Darl S
Revealing information about a civil suit? (Score:5, Insightful)
Re:Revealing information about a civil suit? (Score:2)
Becuase democracy cant function with secrets. Which is exactly why we're in trouble right now in this country.
Re:Revealing information about a civil suit? (Score:2)
Extract of transcript (Score:5, Funny)
SCO: I present to the court exhibit A.
Judge: What is it?
SCO: I present you the penguin, it's not just a penguin, it's an *EVIL* penguin. Look at it's eyes, look at his eyes! the way they look straight through you, as if to say "I'm Evil", look at the way he waddles along in his "oh so innocent" way, but he doesn't fool us, oh no, he doesn't fool SCO
Judge: Get the hell of my court!
WARNING: Please read revision instead (Score:5, Funny)
SCO: I present to the court exhibit A.
Judge: What is it?
SCO: I present you the penguin, it's not just a penguin, it's an *EVIL* penguin. Look at it's eyes, look at his eyes! the way they look straight through you, as if to say "I am a evil penguin", look at the way he waddles along in his "innocent" way, but he doesn't fool us, OH NO! he doesn't fool SCO
Judge: Get the hell out of my court!
Re:WARNING: Please read revision instead (Score:5, Funny)
Re:WARNING: Please read revision instead (Score:5, Funny)
I know why it's sealed (Score:5, Funny)
Right to privacy belongs to citizens (Score:2, Insightful)
personally, and I don't think the public has a "right" to know everything.
In other words, you believe that people don't have the right to pursue information about this judicial government proceeding. That seems like censorship to me -- here I thought Groklaw were the good guys.
Re:Right to privacy belongs to citizens (Score:5, Insightful)
Re:Right to privacy belongs to citizens (Score:2)
That's not generally public information, though political candidates are smeared if they don't make them public. Really, I'd much rather that you had that information about me than that the IRS had it, if I had my choice.
your drivers liscense,
You'll find that information in the state DMV. It's already made public there.
and the titles to any cars and property you own
You'll find these in the state DMV and the county courthouse, respecti
Re:Right to privacy belongs to citizens (Score:4, Interesting)
She is just saying that certain information should remain private. The public does not have a right to access all types of information. Do I have a right to know your SSN? Or view your medical records? No. That is privileged information that need not be divulged for public review.
While that example is only valid in an individual sense, the same reasoning can be applied to a corporate setting. If the court discussed information that is within the rights of SCO and/or IBM to retain as private, the public does not have an implicit right to demand access to that. If on the other hand someone just wants to hide the skeletons in the closet, then perhaps more public proceedings are called for.
Re:Right to privacy belongs to citizens (Score:2)
Won't happen (Score:3, Informative)
In current practice, the parties to a civil suit and the court agree to rules defining what may be kept confidential and then the rules are applied to various filings. Requests to seal are subject to challenge by the other party and the filing party is free to file a redacted version of a document without the portions that are subject to being sealed (e.g., leave out the formula for the "secret sauce" but leave in the rules for disclosing it, licensing it, etc.). This works for me.
The public's right to know (Score:4, Insightful)
Recently, courts have taken to imposing publication bans (Read: You've got a right to know, but to exercise it, you'll have to line up for a seat in person, not send your representative, the press), or to sealing documents at the request of either counsel.
I'm of the opinion that, in all but the rarest of cases, the public's right to know what sort of justice is being done in their name trumps parties' desire for secrecy.
I'd like to see the details of all settlements made public, none of this crap about parties using our courts to compel counterparties to agree to secret settlements.
Re:The public's right to know (Score:3, Insightful)
Re:The public's right to know (Score:2, Insightful)
1. the sealed documents are NOT settlements or a judge's decision. they are info(trade secrets, code, info concerning upcoming business deals/products, whatever) used to support an argument. which is mostly irrelevant, because from the info we DO have we know that SCO is full of it and that the judge knows this too.
2. the information Maureen O'Gara wants made public is IBM's information. O'Gara, a known idiot, believes IBM's sealed documents co
Re:The public's right to know (Score:3, Insightful)
So, basically: No, you're wrong.
They Could Start (Score:4, Funny)
they could start by unsealing the usernames of all these anonymous cowards on
M
Groklaw (Score:5, Insightful)
The other news sites 'report' what they decide is 'news', and that 'news' can be swayed by whatever/whoever is paying them to say it.
I have been a posting member of Groklaw for ages now, and I damn well trust an ex-paralegal to investigate and 'blog' the truth, rather than any news reporter ANYTIME.
PJ has done the world of 'IANAL' geeks proud - and I would even say without a doubt without PJ and her blog, the SCO FUD would have worked and we would all be in the shit.
Re:Groklaw (Score:3, Insightful)
Well, no, she blogs her opinion. Sometimes she intermixes facts with her opinion. Sometimes she doesn't. Really, it's just a blog. It's not the fount of all wisdom.
Honestly, if you want a site that gives the facts you'd be better off with scofacts.org, especially something like the SCO Score Card [scofacts.org]. There is also Frank Sorenson's pages [tuxrocks.com]. He has all the court documents, not just the ones that PJ ca
O'Gara (Score:2)
O'Gara is the witch that's been defending SCO all along and seems to be cozy with the management. I wonder if SCO put her up to this for some reason...
Maureen O'Gara. (Score:5, Interesting)
Linuxgram part of G2News [g2news.com] and claims to "broken most of the key stories in Linux since it was started several years ago." Her version of "news" includes stuff like this tidbit [linuxworld.com] where she breathlessly reports that some guy -- shown two pieces of code with no background or research (and under a non-disclosure agreement no reputable journalist would sign) -- declares them to be the same. That and numerous similar examples show that her "inside information" is obvious; she's sucking up to SCO by spinning the story their way. In return, they give her "inside information" -- which amounts to trivia like this [sys-con.com]; who they hired for a lawyer or how much they plan to charge for SCOSource -- so she can claim an exclusive story. This isn't journalism, it's pandering.
Kind of reminds me of the old Daily Show slogan, "When news breaks, we fix it."
Except for O'Gara it's more like, "When no news breaks, we invent some."
This cuts both ways (Score:4, Interesting)
On the otherhand, SCO *does* have a very good track record at stalling their various court cases and launching off on tangents that ultimately lead nowhere but consume yet more time. So, suppose the have Maureen ask for the records, what's likely to happen next? Presumably the judge will have to consult with SCO and IBM's lawyers, time will pass, but they quite likely are going to end up giving her the response "no". So, unless things are very definite, Maureen can now ask for just some of the records to be disclosed. The judge then (she hopes) goes back to the lawyers and lengthy arguments ensue about which documents each side should, or should not, disclose.
Also, I wonder if there is anything more that coincidence behind the fact that this should come to light so soon after SCO received a setback in its legal proceedings. Funnily enough, SCO just had its motion to stay the Daimler-Chrysler case until after the conclusion of the IBM case denied... I find it very interesting that this should be announced just one day after SCO lost the ability to use the IBM cases as a brake in another of its lawsuits.
The public has a right to know. (Score:3, Insightful)
This case is really about Linux, and Linux is written by "the public". As a (small-time) kernel contributor I want to hear the sealed information relating to arguments in a court case that is attempting to damage the reputation of a project that I am a contributing author of.
Re:The public has a right to know. (Score:2)
Yea, Right. (Score:2, Interesting)
Companies should never have the same rights as people, they need to be held accountable for their actions. And they wont do that unless business pratices are made open to the public.
Re:Yea, Right. (Score:2, Insightful)
Since Visa or Mastercard are companies, does that mean we should have the right to your credit card information that they, as a company, hold? Or do you think there is some information that should be kept private, even though held by a company?
The motion can be found at ip-wars.net (Score:3, Interesting)
Embarrassment for the U.S. legal system (Score:5, Interesting)
With the possible exception of the O.J. trial, this must be the most embarrassing court case the U.S. has had to suffer through in front of an international audience. It took the German legal system, what, a week to bitch-slap SCO? And they didn't even dare try any of this crap in countries like Britain.
So just what will it take for an American judge to finally throw this whole pile out? Why does SCO get to spread rumors that hurt the business of RedHat, IBM, and Novell for months and months without one single bit of hard evidence? This is not a game, it is about real money that is being lost because of FUD, real damage to product images and real smears to reputations. Just why does the judge get to wait forever to get something, anything done?
If P.J. has convinced anybody of anything, it is that the rest of the democratic countries can thank heaven that they are not stuck with the 18th Century anachronism we Americans pretend is a real, functioning legal system. Care to hazard a guess how much the lawyers have made on this already?
It's not quite that simple to make matters public (Score:3, Interesting)
Secondly, hasn't it occurred to anyone that SCO has been asking for an awful lot of company confidential material from IBM? With "awful lot" I mean to the point of being rediculous and apparently completely irrelevant to the case itself.
Given the ease by which bits of confidential information appears to make it into the public (like the reading out of IBM data in court despite a judge's order to stop it) I would, as IBM, feel rather concerned - these are, after all, their business secrets. And sorry, you *don't* have a right to know those. Otherwise go and ask Microsoft for the same, they're in court more often AFAIK.
I agree you/me/planet ought to have full access to court proceedings, but I think SCO is demonstrating quite clearly how this can potentially be abused. Given the origin of some of their financial backing I guess it's imported expertise.
Now, back to the journo, I have no idea what her motive is, but I remain unconvinced this has anything to do with real journalism.
Disclaimer: all of this IMHO, and IANAL etc..
Re:"knowing everything" (Score:5, Insightful)
Have you ever thought that perhaps they have a reason for this? And that maybe even that reason is favoring your hero in this battle? Probably not, but just bringing up the idea.
Re:"knowing everything" (Score:4, Insightful)
Re:"knowing everything" (Score:3, Insightful)
BTW.. Remember this is Maureen O'Gara.. She hasn't exactly proven herself to be a friend of Open Source . I'm not exactly sure what she wants out of this.
For instance, sue Microsoft (Score:4, Insightful)
Sometimes confidentiality is necessary.
Sometimes confidentiality is timely
Perhaps what we're really missing is a review process to determine what needs no sealing, what can be unsealed post-trial, what remains sealed through the appeals process, and what should remain trade secret.
Re:"knowing everything" (Score:5, Insightful)
If I wanted to make your confidential material public, all I'd need to do is launch a spurious lawsuit and then have a journalist ask for it. Then it's all public knowledge. Courts seal stuff for a reason, and part of the stuff at issue in this case is IBM's proprietary software.
Do your "tax dollars" entitle you to peruse IBM's source code? And do IBM's tax dollars entitle them to peruse yours?
Re:"knowing everything" (Score:3, Funny)
No, the GPL does.
Re:"knowing everything" (Score:5, Insightful)
Just because they have to reveal these things to the judge in order to resolve their dispute doesn't mean that you automatically are entitled to the product of their work.
Re:"knowing everything" (Score:4, Insightful)
This is just FUD, served up as a news story by a person with a very public agenda. I am sure that Maureen does not expect to see the evidence. She just wants to make a lot of noise about it.
Re:"knowing everything" (Score:2, Insightful)
There should be due process in letting out secrets of parties that have not been criminally convicted. Allowing this would add another form of intimidation for the likes of SCO.
Re:"knowing everything" (Score:3, Insightful)
This is an example of that due process in action. The judge is being petitioned to unseal the documents and will decide whether or not to do so.
Re:"knowing everything" (Score:4, Insightful)
The records sealed in the SCO case, of course, probably have nothing to do with anything important and will simply be used to try and smear IBM. I kind of want to see them, but I also realize there's not going to be anything there.
Bother. I am so sick of this case and all the empty threats.
M
Re:"knowing everything" (Score:5, Insightful)
Those dollars pay for a practical version of justice -- through the courts -- not for the right to see whatever you want. Your tax dollars pay for medicare hospital visits across the country, but nobody thinks you're allowed to storm into the hospital and demand medical records for everyone that paid anything but cash.
I'm not dumb enough to think that funding the battling of two hulking companies are the same as somebody's medical records, but in this case, they probably reached an agreement in order to protect trade secrets, privileged communications, and so on.
Re:"knowing everything" (Score:3, Insightful)
Go tell that to a rape victim.
Re:"knowing everything" (Score:3, Insightful)
Re:"knowing everything" (Score:5, Insightful)
That's my point. Sometimes privacy is a good thing in regards to court cases.
Re:"knowing everything" (Score:2)
However, if it were two private citizens, or citizen and company, or citizen and the law, then constitutionally protected privacy exists.
Re:"knowing everything" (Score:5, Informative)
that's bullshit. my tax dollars hard at work and yet i'm not able to see what's going on?
First, IANAL.
There has to be a balance. If parties believe that certain sensitive details, particularly trade secrets, will not be protected, then they are discouraged from using the courts as a method to remedy differences. That creates a barrier to access to the justice system.
Every time there's an anti-immigrant proposition in California where schools or hospitals or whatever are required to report illegal immigrants, the opposition's argument in debate and court is that creates a barrier to access to vital services.
You'll hear it again when someone tries to cap lawyer's contingency fees, set up a loser-pays law, etc. It creates a barrier to access for aggrieved parties who can't afford to risk their life savings on a law suit against a megacorporation.
None of this means immigrants couldn't go to the doctor or poor people couldn't go to court, but it does mean that it would create such risks as to discourage them from availing themselves of our medical system or justice system when they really need it most.
Providing reasonable access is a big thing in the American consciousness. It's an egalitarian concept since most of the laws that create barriers to access create them for the poor and disenfranchised.
But let's also consider the defendant in a trial too. If a defendant's proprietary information is exposed in discovery, does the public have a right to that information? The defendant was dragged into court, and now they'll lose valuable IP even if they eventually win? It wouldn't be moral, ethical, or "justice" if that happened.
OTOH, high profile cases that end in settlements where neither party admits fault and the details of the settlement are sealed... RRRGGGHHH! Those bug the heck out of me. But if the settlement is out of court and both parties drop their claim, the public doesn't really have a right to know anymore as it's become a private matter.
- Greg
Re:"knowing everything" (Score:2)
Re:"knowing everything" (Score:2)
Just because you are nosy doesn't mean you have the right to know other people's business. Courts generally make as much information available to the public as is reasonable, but the litigants' interest has to balanced with the public's. After all, it's the litigants that usually have the most at stake. There's no good reason that some poor soul blindsided with a lawsuit should automatically have all of his private
This thing is going to open up a can of worms. (Score:2)
2) Her articles and publications will be scrutinized by the court and hopefully the SEC.
3) She is going to be asked to reveal her source for the sealed information (she published some of it).
4) All the SCO documents will be unsealed as well as the IBM docs.
5) More depositions! All kinds of people who had nothing to do with the case will be open to deposition. This list will surely include other writes for the publication such as Enderlee as well as other employees of SCO, Canop
Re:"knowing everything" (Score:2)
that's bullshit. my tax dollars hard at work and yet i'm not able to see what's going on?
Right. So I'll frivolously sue your company, supoena all kinds of shit that has nothing to do with my lawsuit, and you'll agree that anything that I subpoena should automatically be put into the public record? Right?
Time for the world to know the recipe for Coca Cola. Hey, and how about the Colonel's secret recipe?
IBM has the right to keep stuff secret in this trial. The lawsuit is bullshit, anyway.
Re:"knowing everything" (Score:2)
As a stock holder do they have a right to keep anything secret from me? I am a part owner.
Just an idea
Re:"knowing everything" (Score:3, Insightful)
Re:"knowing everything" (Score:3, Insightful)
The People, with a capital P, is sovereign in the United States of America.
Preambule to the US Constitution:
We the People of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and se
Re:So now the truth will emerge (Score:2)
Re:So now the truth will emerge (Score:5, Informative)
Groklaw accused Maureen O'Gara of lying about the court proceedings a while back, so I guess now we'll find out what really happened.
More specifically, Pam Jones on Groklaw pointed out that what Maureen O'Gara said happened either (a) did not happen, or (b) happened behind a screen so that no one in the audience could see it, and that (c) the transcript was sealed, so that O'Gara could not have found out what was said from the transcript. Finally, (d) what O'Gara says happened contradicts other things that the audience did see.
This does not mean that O'Gara was necessarily wrong, but it does mean that either the other people in the audience weren't paying atention, or O'Gara was provided with information that she shouldn't have been provided with, or O'Gara simply made it up.
Your second paragraph is taken completely out of context. Jones is, and says so, happy about seeing more documents become unsealed:
What Pam was laughing at was the "extra" information in the request that the judge is likely not to take very well. Such as telling the judge, in the request, what the significance of the case is.
Jerry
Groklaw appears to be slow, so here's relevant portions of the article you linked to:
=====
A Bit of the Blarney -- or Worse? -- About "Lost" Code
Saturday, October 23 2004 @ 03:38 PM EDT
It used to be funny pointing out mistakes in reporters' stories.
But when a reporter prints something that isn't just misinformed but hurtfully inaccurate, I think it's more serious. As you likely know, Maureen O'Gara printed a story about what allegedly was said in the last court hearing between IBM and SCO. That, in and of itself, is ethically problematic, to me, since the court ordered the transcript sealed. The source of her "information" would be whom, would you guess?
It wouldn't surprise me if IBM follows up on that aspect of the matter. I would.
Groklaw had eyewitnesses at the hearing. None of them reports seeing Ms. O'Gara there. Furthermore, none of them heard what she "reports" about IBM supposedly claiming not to be able to find code it was supposed to turn over. Let me repeat that. IBM never said anything like that, according to our eyewitnesses. I absolutely can tell you that the O'Gara story does not match what they heard. They also told me that the screen was placed in such a way that no one in the audience could see it. How then does Ms. O'Gara know what was shown on the screen?
Nor does it make any sense. For starters, IBM said at the hearing that they have produced all the code they have been ordered to produce to date. They have produced all released versions of AIX which they were told to turn over. That isn't even in dispute. The hearing was about whether IBM should now be required to produce more code, now that SCO couldn't find any infringing code in the millions of lines it already received. The judge hasn't decided that issue. Second, SCO's Third Amended Complaint has not yet, to my knowledge, been accepted by the court. Even if we posit that it will be, IBM has not yet even answered it, let alone been found in violation of anything having to do with it or even been accused of such.
I therefore conclude that Ms. O'Gara has been provided with some misinformation, or she has decided to spread a bit of the Blarney sua sponte.
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Wow. Way to totally twist what she said. (Score:5, Insightful)
Second: PJ states that she is torn on this current issue. She would love to be able to read all the documents (including the ~35 that are sealed out of 2-300 that have been filed), but she also sees that merely having someone file a malicious court case shouldn't automatically remove all your right to privacy.
Third: Groklaw isn't just about the facts, and nothing but the facts; it's also about analysis of the facts. But the cool thing about Groklaw is that the facts are there to support the analysis, and if you can make a case that the same facts support a different interpretation, they will listen. They may not agree, but they will listen.
Fourth: Your particular quote has a context, which you didn't provide. The context is that O'Gara stated, "SCO's suit claims IBM improperly incorporated aspects of SCO's Unix operating system in Linux. If proved, it could derail the Linux market and take the open source movement down with it." Well, that statement is in a PR release about filing a motion, not in the motion itself. It also has the problem of not stating how, exactly, even if the Linux kernel goes down in the SCO lawsuits, it will take the whole open source movement with it. OS is much more than the Linux kernel; it's also Apache and gcc and BSD and...
But the point of PJ's comment is that the SCO lawsuits seem almost designed to damage the open source movement, by spreading as much FUD as possible for as long as possible. Note the absense of any concrete claims that can be verified, the presense of lots of widely publicised vague claims that can't really be nailed down, and the constant manipulation of the courts to prevent any concrete judgments from being handed down.
PJ's point, then, is that O'Gara's comment shows what the real game is. (Given her other comments, I don't think PJ is very worried about the judge not getting it, however.)
Re:Wow. Way to totally twist what she said. (Score:2, Interesting)
Not picking on you per se (since everyone else in this thread is saying the same thing), but I don't think PJ actually accused O'Gara of lying. It's more like the rest of what you said. She reported that what O'Gara said didn't match any of the eyewitness accounts, so clearly somebody was wrong. But whether it was O'Gara who was wrong, or the eyewitnesses, PJ didn't d
Re:Wow. Way to totally twist what she said. (Score:2)
Note also that (in the grandparent to this) I did not say that Groklaw accused O'Gara of lying; I merely quoted the parent to that (great-grandparent to this).