IBM Asks Court To Declare Linux Non-Infringing 133
A Cyclic Graph writes "We finally have a redacted version of IBM's Reply Memorandum in Support of Summary Judgment on Counterclaim 10 in SCO v. IBM. In short, IBM is asking the Court to declare that Linux doesn't infringe upon any of SCO's purported intellectual property. This document is the last word on that matter until the Court either declares there to be no doubt that Linux is free of infringement, or decides that that issue has to be decided by the jury. In their brief, IBM points out that SCO puts forth a convoluted set of non-answers referencing each other to disguise it's inability to answer IBM. Their set of cross-references is so complex that Groklaw readers graphed the claims to make what little sense of them they could."
Redacted is an understatement (Score:3, Funny)
Where I have I seen this before? (Score:4, Funny)
Re:Where I have I seen this before? (Score:4, Insightful)
About time (Score:2)
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I added in 'These jokers' to reflect phrases like, "Notably, SCO's response to IBM's statement of undisputed facts is largely a frolic and detour into the irrelevant, plainly designed to give the false impression of a fact dispute."
It's not that I don't think IBM is taking SCO's lawyers seriously. That's about as serious as you C
Hey men, call me crazy but (Score:5, Funny)
Re:Hey men, call me crazy but (Score:5, Funny)
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Wait a minute, I've seen this graph somewhere else today. Oh, that's right it is the solution to Lie E8 problem, one of the most complex symmetrical structures in mathematics defining a 248 dimensional object. Here is an other view of the same chart:
http://news.com.com/2300-1008_3-6168586-1.html [com.com]E8 Solution GraphRe:Hey men, call me crazy... (Score:1)
"In his house at R'lyeh dead Cthulhu lies dreaming."
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Nine references deep... (Score:5, Funny)
*deadpans* Honestly, that doesn't mean much--Groklaw readers will graph anything.
*clicks on link*
Oh, now. See, it's only about nine references deep. (Unless you get caught in an infinite loop between documents 27 and 187.)
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Having graphed out complicated answers definitely lifts the level of complexity though.
A little off-topic, but I wish there was a central site where one could see such graphs and the contents of each node not for legal cases, but for statements made by politicians.
Then it would be easy to see how many times politicians contradict themselves!
Political Speech Graphs (Score:4, Funny)
Unfortunately, that cannot be mapped in three dimensions.
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<BritishHumor> And Jeffry Archer's integrity in 0D </BritishHumor>
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What does that say about all the people who elected him?
Or:
What does that say about the majority who let a minority elect a moron?
Oblig, Obi-Wan (Score:2)
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For example you could be following the fool to check his foolish behaviour and stop him getting into trouble, you could be an anthropologist studying him, you could be a thief intending to rob him, you could be following him to laugh at the foolish things he says and does or you could simply happen to be heading in the same direction and happen
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Us normal humans got it the first time around.
Re:Nine references deep... (Score:5, Insightful)
Back on topic, I have this nagging feeling that somehow SCO thought they could technobabble this through court and the judge would just nod and go, "uh yeah, sure". What bugs me about all this was that I can't help but to feel that this lawsuit was a means to make money for SCO, much like the RIAA lawsuits. I feel like litigation now is a legitimate means to add to your bottom line.
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Maybe this was the feature Linux programmers copied from SCO?
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Groklaw readers graphed the claims (Score:1)
Re:Groklaw readers graphed the claims (Score:5, Informative)
A circle represents SCO's response to IBM on any one given point.
The number inside the circle represents IBM's claim.
The arrow (including the line) represents SCO's (so called) response.
e.g. the (187) -> (45) in the middle of the image means in response to IBM's claim 187, SCO is redirecting the court to SCO's response to IBM in IBM's claim 45. and so forth.
Its actually a pretty darn interesting ways to represents SCO's bullshit.
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-Ben
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The graph is goofy, but it *is* a Finite State Machine.
I just hope I live to see the day.
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BTW thanks for the info
If you ever wondered what this case was about (Score:5, Insightful)
These filings show that IBM sees this whole thing was a baseless land-grab effected by a change in management. The estoppal and waiver arguments are so convincing and indisputable that you'd think a stock-holder lawsuit would be forthcoming. I mean, both Caldera and Santa Cruz had significant Linux business for significant periods of time. Presumably the shareholders held stock in part because of this. Apparently not enough to get rid of the board and management upon commencement of these shenanigans, but hopefully enough to make some noise once a verdict comes down.
In a similar vein, did SuSE stock get converted to Novell stock, or were they bought out with cash? If it got converted, then former SuSE stock holders may very well file a suit for the MS deal. Overall, in both cases, in seems curious that the stock holders seem helpless. If these companies were traditional F/OSS enemies, there'd be no surprise, but will people who bought stock in a Linux company really support being a traitor? I mean, really, these aren't people who bought stock in an oil company or GM. It's like investing in a solar power company or something you do at least in part for the principle of it.
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1. SCO did not cheat consumers or investors.
2. SCO did not pre-book 20 year incomes in one year and went bankrupt.
3. SCO's directors did not form criminal partnerships and conducted insider trading.
4. SCO did not steal from employees.
Enron affected many thousands of people's finances and lives directly.
SCO affected only those investors who chose to invest in it delibrately well knowing SCO is failing.
In Enron's case, people th
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1 DO NOT SUE the core of the open source movement
2 do not hack off a paralegal (with a Blog)
3 Don't become an interesting problem
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SuSE was a privately-held company before the Novell purchase. Novell bought SuSE for $210 million in cash. [zdnet.com]
What about us IBM shareholders? (Score:4, Insightful)
SCO has no interest in a timely end to this trial and I question their ability to cover IBM's costs. Seems to me like SCO is screwing IBM's shareholders.
It's a race (Score:5, Informative)
IBM does not really benefit is suing. SCO is broke. What are they going to get?
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Want your hair to fall out? (Score:3, Interesting)
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Don't mess with IBM
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A license to use Linux?
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Then they can sue themselves! (Score:2)
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> What are they going to get?
IBM gets the satisfaction of throughly kicking SCO's but into oblivion.
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But what?
</voice>
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The Nazgul will feast on Darl's liver (Score:1)
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Entering the boardroom with a vanquished enemies scrotum as a holster for your blackberry is THE latest power executive's fashion accessory. That's what IBM gets out of a victory.
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SCOX can not afford even close to that.
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Perhaps appropriate (Score:1)
that diagram looked just like my maps (Score:2, Funny)
Awesome reference (Score:2)
Too bad you didn't get modded up - you're exactly right. Buncha noobs, anyways! ;^)
A squashed dodecahedron? (Score:1)
Not likely.
BTW while you hunt me, I'm fucking your sister.
The cloud of doom hovering (Score:2)
Wow, what lawyering! (Score:5, Informative)
Reading the filings you can see why some lawyers cost so much. At the same IBM's lawyers building an almost invincible legal position on every one of their claims, they take huge swipes at SCO's claims. They point out flaws in SCO's arguments and point out when SCO has failed to address an important point. No detail is forgotten even the little detail of SCO's use of cross referencing to hide their lack of evidence. Unfortunately for SCO's lawyers, they didn't have much in the way of evidence and are reduced to lawyer's tricks.
Groklaw is hosed right now but there was one moment in the March 7th transcript that is indicative of the case. SCO's Brent Hatch is referring to an IBM document. IBM's lawyer, Amy Sorenson, reminds the court that the document is marked confidential and trying to work out an agreeable way of handling it whether it meant clearing the court room. SCO responds that IBM could waive the confidentiality. The court interjects noting that IBM wouldn't have mentioned the confidentiality if they wanted to waive it. While the judge and Ms. Sorenson continue to discuss how to best proceed in terms of procedure, SCO's Hatch begins to argue that nothing in the document (in his opinion) should be marked confidential. Ms. Sorenson responds with a "that's your opinion" and says as long as the document isn't directly quoted, IBM is satisfied with SCO referencing it in open court. IBM and the court are working on a case. SCO is offering red herrings.That's Cravath (Score:5, Informative)
Reading the filings you can see why some lawyers cost so much. At the same IBM's lawyers building an almost invincible legal position on every one of their claims, they take huge swipes at SCO's claims. They point out flaws in SCO's arguments and point out when SCO has failed to address an important point. No detail is forgotten even the little detail of SCO's use of cross referencing to hide their lack of evidence.
IBM is represented by Cravath, Swayne, and Moore, and that's how Cravath works. They have a very organized staff checking everything the other side puts out. Everything goes into a litigation support system (Cravath was the first law firm to use one, and it was developed by IBM for a famous IBM case). At least two different lawyers check over everything. One of Cravath's slogans used to be "For those must-win cases". Cravath often wins simply because the other side makes mistakes, and they don't.
All this is incredibly expensive, but it works.
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not to beef but... (Score:2, Interesting)
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You may say you've proven it, but I don't believe you.
I am unable to find a way of depicting the relationships between nodes 233, 192, 118, 222, 228 and 27 with no intersecting lines on a single plane.
I can draw it with just one intersecting line, with relative ease - don't even need to use curved lines. But I need to see an implementation of a 0 intersecting line drawing before I'll acknowledge it can be done.
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digraph untitled
{
2 -> 1;
2 -> 283;
283 -> 33;
283 -> 98;
}
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From http://en.wikipedia.org/wiki/Planar_graph [wikipedia.org]
For a simple, connected, planar graph with v vertices and e edges, the following simple planarity criteria hold:
Theorem 1. If v 3 then e 3v - 6
See, it's not "if and only if", it's just "if". It only goes one way.
This formula can only prove that a graph is not planar, it can not be used to prove that a graph is planar. You can read more details about it on the wikipedia page i linked.
If you thought this was big.. (Score:2)
Here is a snip for example;
"When all is said and done, SCO's claims of infringement relating to the Linux kernel
SECTION REDACTED
concern a mere
SECTION REDACTED "
Sometimes I think I would have liked to have read the unabriged original to see what was left out.
Re:Better example on page 30 (Score:4, Insightful)
SECTION REDACTED
The mere fact that some or all of the 2.4 kernel may have predated SCO Linux 4.0 does not mean that
SECTION REDACTED
If the term
SECTION REDACTED
then sections of the JDC assignment provisions would be rendered superfluous. As stated, the JDC
SECTION REDACTED
If SCO were correct that
SECTION REDACTED
would be rendered superfluous because SCO's reading of the
SECTION REDACTED
would necessarily exclude such materials from assignment.
Wow, why was this document chopped to bits? Anybody know?
Summary is wrong (Score:3, Informative)
Obviously Linux in total is a superset of IBM's contribution to Linux. IBM probably doesn't have standing in the court to ask for a declaration covering the whole of Linux, and if they attempt to do so, that is likely to cause the entire motion to fail.
If, however, IBM wins this Partial Summary Judgement motion, as they may well do, then this is still an extremely important result for linux. Unlike the poster who recommended reading the oral arguments, I recommend skipping the oral arguments and go instead for IBM's written motions and briefs. They are very well written and logical.
IBM constructs their motions as a form of logical-or. If the Judge accepts $REASON1 or $REASON2 or $REASON3 then the judge must rule in IBM's favour. So IBM offers multiple concurrent chains of logic supporting their case. The judge needs only to accept one of them, in order to rule for IBM. But each $REASON is fully detailed - supported by facts, evidence, legal argument, case history precedents.
SCO's filings on the other hand, are like a shell game. It's hard to pin them down to facts. They pretend to be Caldera and Santa Cruz and even AT&T when it suits them; at other times they treat them as different entities. Their answers frequently say "please refer to some other answer", and (as this latest IBM filing says), SCO's replies don't really answer the question or dispute the fact, they raise some other issue or introduce non-relevant assertions.
All in all, it's most entertaining.
Re:Summary is wrong (Score:5, Insightful)
1) It's a nice way to get a summary of the argument, the counter-argument, and the rebuttal without wading through multiple filings.
2) As I mentioned, there's lot's of redundancy in each written filing (there's still some repitition in the oral arguments too), but thanks to the time constraints they don't repeat the arguments ad nauseum.
3) Reading the judge's reactions and comments is valuable, I find. Reading the judge when she says (to SCO's guy), "Why are you standing up? You don't get to say anything more." To which he replies, roughly, that he was hoping she'd ask his opinion, which she does not dignify with a response, IIRC, provides real entertainment!
4) Given that they're before a judge, they try and explain things somewhat more simply, with some analogies that don't make it into the written briefs.
5) Given the back-and-forth nature, and putting names with the words, I find it easier to pay attention and keep it all straight. It's also nice to know who says what as you develop a sense of each lawyers' personality, which helps as you read more transcripts.
That said, for the written versions, it's great to read the footnotes. The footnotes always have some of the most interesting material, IMHO. The oral arguments often allude to things which are explained in the footnotes, like *why* the case SCO refers to doesn't support their claim or is "inapposite." Anyway, YMMV.
Re:Summary is wrong (Score:4, Interesting)
"Don't sue IBM" probably ranks somewhere close to "don't start a land war in Asia," as advice for a happy and successful life.
Contempt of Court? (Score:1)
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I think the judge doesn't care at all. He just looks through the
Re:This could set an interesting precident (Score:5, Informative)
Consider this:
I am a man. (copyright Gary Dunn, all rights reserved).
I could claim it, but no court would uphold my claim.
Now, go relax and unwind your brain. Software is generally recongnized as subject to copyright protection; there are specific portions of law which apply specifically to software. Don't worry, the GPL is not going to die.
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I am a man. (copyright Gary Dunn, all rights reserved).
I could claim it, but no court would uphold my claim.
True, I believe that claim is something you have to prove in some other way.
Re:This could set an interesting ... (#define's) (Score:2)
It's more like:
#define MAINE 1
#define VERMONT 2
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Even in the absence of copyright, there's no guaranteed way to get your hands on proprietary source code. Given the quote and this fact, it seems mighty clear to me that the freedom the FSF is interested in enforcing is the freedom to not pay for software.
Re:This could set an interesting precident (Score:5, Insightful)
Completely untrue.
Without copyright, companies could (perhaps would have no choice but) release binary-only software with strong "product activation" which could take a while to crack. The next version of Microsoft windows and all future propriatory software would require hardware TPM. Hardware manufacturers would stop documenting anything at all, because they have no other protection for their designs.
And they'd be completely free to take and modify previously open-source code to do it.
Without any copyright protection, OSS would be dead in fairly short order.
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In a copyright-free world, it could fall either way. MSFT might become insignificant and the rest of the world become more open. Or MSFT might survive by leveraging TPM as an alternative to copyright, with the help of hardware manufacturers who would rather sell to Microsoft's 90% market than OSS's 10%, and conveniently kill off the OSS community. BSD too.
We don't need to wait for a copyright
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"Hardware manufacturers would stop documenting anything at all,
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That's basically what they're selling now and still seems to be doing OK.
Hardware interfaces aren't *copyrighted* now, nor can they be.
Well, designs are copyrighted to some extent. Methods are patented. Quite a lot of it is still trade secret. It's hard to guess how this would change in a copyright-free environment.
BSD has next no copyright protection worth the name, and it hasn't died yet
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But we're not talking about now, we're talking about a hypothetical copyright-free future, remember?
That means Microsoft doesn't get to charge those $billions worth of license fees, which means it doesn't get to spend $billions on making it's slightly shinier newer windows versions. The hypothetical future would pit the open source software, more or less developed by the internet like it is now, for nothing, versus the binary-only po
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Completely untrue. . . . Without any copyright protection, OSS would be dead in fairly short order.
I don't think we're appreciating the enormity of the idea of no-copyright. We need to analyze the idea from first principles. If there is no copyright on software (and let's expand that idea to include no patents or other forms of IP either), then there is no legal barrier to anyone taking any software and doing whatever they p