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Transcript of SCO v. IBM motion to compel hearing

For those of you who haven't seen enough of this yet: Groklaw now has the official transcript from the December 5 hearing on IBM's motions to compel discovery from SCO. It's an interesting read. From SCO lawyer Kevin McBride's presentation: "... I want to walk the Court through enough of our complaint to help the Court understand that IBM clearly did contribute a lot of the Unix-related information into Linux. We just don't know what it is."
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He speaks more truth than he intends.

Posted Dec 12, 2003 15:52 UTC (Fri) by jre (guest, #2807) [Link]

Hee, hee. And immediately before that:

"Your Honor, just so you know I'm not making this stuff up, or at least I am not making it up new ..."

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 16:09 UTC (Fri) by stef70 (guest, #14813) [Link]

Groklaw site cannot be reached! I bet that they are under a DOS attack from SCO

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 22:50 UTC (Fri) by nix (subscriber, #2304) [Link]

s/SCO/Slashdot/

;}

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 17:13 UTC (Fri) by ccchips (guest, #3222) [Link]

Hey....my briefcase feels lighter than it used to! You stole something out of it!

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 17:53 UTC (Fri) by drathos (guest, #6454) [Link]

"But Intel's processing power got better and better, and lo and behold, in about 1995, SCO found itself in a really great position. Intel was now being -- Intel chips were now becoming powerful enough that corporations actually wanted to use them for large functions. And here we were at SCO, lo and behold, the only company that had an operating system running on Intel."

That's funny.. I seem to recall running Linux and DOS/Windows on my Intel back then.

I realize they're talking about corportate use, but then there's still the issue of Novell NetWare, Windows NT 3.51 (ugh), and the upcoming NT 4.0 (which far surpassed SCO for use in corporate environments).

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 18:32 UTC (Fri) by vblum (subscriber, #1151) [Link]

Oh. And here "we" were at SCO?

Which we is he referring to? We as in "the engineers in Santa Cruz that some other we bought with Linux IPO money in 2001"? We as in "we at Novell (DMcB) who were about to miss the boat at the time"?

Certainly the "we" at SCO would not have included the "we" Darl Kevin Blake Chris Bob who are currently driving SCO into the ground?

On another note, posters at Groklaw have noticed that SCO has a job opening for a "Director of Financial Reporting and SEC/GAAP Compliance." Well, at least we have learned one thing from Enron, haven't we? If there are accounting difficulties, the accounting people go to jail, and not the CEO. I guess that's why they're not advertising for a CEO, eh?

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 13, 2003 21:51 UTC (Sat) by ccchips (guest, #3222) [Link]

We had Netware servers in my shop as early as 1987, and Windows was starting to be used right about the time 3.0 appeared.

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 18:52 UTC (Fri) by sandy_pond (guest, #9734) [Link]

From Kevin McBride: "In the beginning of the corporate software world, there was AT&T. AT&T created Unix. Unix is the corporate operating system of choice that all corporations use at the Fortune 1000 level and significantly below that."

What BS. I think IBM has way more of a right to uter this crap about MVS.

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 19, 2003 18:01 UTC (Fri) by giraffedata (subscriber, #1954) [Link]

I don't think Unix was the corporate operating system of choice at any time. The beginning of the corporate software world was some time in the 50's. The first major corporate operating system was MVS (not by that name yet, though). Some time in the late '80s Windows wrested dominance of the corporate software world from MVS. Unix, though it became widespread in the corporate world, has been a special purpose operating system and never in the majority.

I get the idea that Kevin McBride has no real knowledge of the topic he was told to argue about, and someone briefed him much too briefly.

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 12, 2003 20:01 UTC (Fri) by sandy_pond (guest, #9734) [Link]

SCO's license to IBM says the following: You may use this software product. You may modify it. You may create derivative works based thereon provided that your derivative works are treated as part of the original software product.

What am I missing here ... if this is the only provision given on work added by IBM then this certainly doesn't stop IBM from taking their own copyrighted work, what they've added to the originally licensed Unix to create a new derivative work of Unix, and put that same work into Linux to create a new derivative work of Linux.

When you add something to an original work to make a new derivative work, that doesn't mean that what you added standing alone by itself is a derivative work of the original. For instance, two books of short stories that add the same new story copyrighted by an external author to create two new derivative works of the originals. Both new derivative work, as a whole, need to an abide by it's own particular license. But the copyright holder of the added story still retains the exclusive copyrights to their work and may relicense it in any manner they wish. IANAL.

Transcript of SCO v. IBM motion to compel hearing

Posted Dec 13, 2003 22:05 UTC (Sat) by ccchips (guest, #3222) [Link]

It's great to poke fun at sco, but remember this:

sco is very likely trying to sculpt what little they have for the eyes and ears of a jury. If we attend to what they have to say in that light, it starts to make some sense.

By rights. sco diesn't have anything here. But what about by the reckoning of a jury of *their* peers? Are we going to see two sets of lawyers play-acting in front of a jury? I'm sure IBM would rather not, but they may be foreced to.

Please note "sco." Expression of opinion.

...oppsed to IBM, Novell, Linux, SGI, CNA, NEC, etc.

I guess I could write "microsoft", but it doesn't have as much of an effect....

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