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#1 (**permalink**) 02-15-2008, 11:10 AM

Enrique Arredondo posted:
>
> http://www.pcpro.co.uk/news/news_story.php?id=49712
>
>
> IBM's patience runs out on SCO
> [PC Pro] 16:56
>
> IBM has filed a request to push through a Motion to Compel Discovery in
> order to get hold of the specific 'misappropriated' code it claims SCO is
> with-holding.
> The memorandum comes on the heels of a Hallowe'en conference
> between the two
> sides, where the administrative Judge handling the case ruled a final
> meeting would be held 21 November, to resolve the issue. After this, the
> discovery request would go to oral argument on 5 December if SCO still
> hadn't satisfied IBM's requests for SCO material that it needs to compile
> its defence. It is unlikely SCO would be allowed any further delay, should
> such an eventuality arise.
>
> IBM, understandably, wants this eventuality to turn up sooner, if
> possible,
> and the memorandum filed 3 November requests the court issue an Order to
> compel SCO to deliver the documentation it has asked for.
>
> 'Either SCO has evidence to support its accusations or it does not. If it
> does, IBM is entitled to see it now; if it does not, IBM will be
> entitled to
> dismissal of this case,' it reads.
>
> IBM claims that SCO's responses to its requests have been inadequate,
> although SCO has said it has done enough as far as it is
> concerned, and that
> IBM's case for a motion to compel it to respond more thoroughly is moot.
>
> It is not according to IBM. Instead, it argues that SCO's response has
> failed 'to identify a single allegedly-misappropriated Unix file
> or line of
> code', despite IBM's request for it to 'identify with specificity (by
> product, file and lines of code... ) all of the alleged trade secrets and
> any confidential or proprietary information that [SCO] alleges IBM
> misappropriated or misused'.
>
> Instead, says IBM, SCO has merely outlined sections of code and described
> Unix methods that it claims may include 'information... that IBM was
> required to maintain as confidential or proprietary'. IBM cites
> past cases,
> however, where this has proved unsatisfactory in identifying
> trade secrets.
>
> The nearest SCO has come to showing its misappropriated hand was at its
> SCOforum2003 show in the Summer. The company showed off two
> instances where
> lines of code in its Unix System V had been 'misappropriated' into Linux,
> along with an email and IBM copyright notice that it offered as further
> support for its allegations.
>
> SCO obfuscated some of the System V code it presented by using a
> Greek font.
> However, Linux advocate Bruce Perens worked it back again. He claims that
> the first block of code is part of an Internet firewall software package
> that 'was first deployed on the 4.3 BSD system produced by the
> University of
> California at Berkeley. SCO later copied the software into Unix
> System V...
> since SCO doesn't own the code, they have no right to prevent others from
> using it'.
>
> The second example from SCO, Perens claims, was released as Open Source by
> Caldera (now known as SCO) under the BSD licence in 2002. Prior to that,
> AT&T had lost its copyright to the code in a case during the early 1990s.
>
> Perens says the Open Source version and that used by SCO differ
> in two lines
> of diagnostic code of which the difference is so 'trivial', it 'doesn't
> appear to be copyrightable'.
>
> SCO would argue that Open Source licences aren't enforceable - it made a
> vehement attack on the GNU General Public Licence in its response to IBM's
> countersuit. But Perens told us: 'The court cases will never get
> to the GPL.
> They will end when SCO is unable to show that their contract
> terms give them
> rights over the work of IBM, etc. So, the GPL stuff is really a red
> herring.'
>
> Perens' post mortem of SCO's presentation at SCOforum2003 is at
> perens.com.
>
> Matt Whipp

SEE! I TOLD YOU!!! SCO IS THE DEVIL. THEIR DOOMED!!! IBM IS GONNA KILL
THEM!

Just thought I'd help out Brian... cause I know it is comin' anyway!

LOL

#2 (**permalink**) 02-15-2008, 11:10 AM

Bill Andersen wrote:

<clipped even more damning evidence of SCO duplicity>

> SEE! I TOLD YOU!!! SCO IS THE DEVIL. THEIR DOOMED!!! IBM IS GONNA
> KILL THEM!

Err.. yes.

> Just thought I'd help out Brian... cause I know it is comin' anyway!

Thanks Bill.

8^)

Think I will sell some more SCO short tomorrow.

Best regards,

Brian

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