Posted on 02/22/2006 10:03:02 AM PST by Salo
Hold on to your hats! IBM has subpoenaed Microsoft! And Sun! At last, we're getting to the core of the matter. We're going to get to find out the whole story. I'd pay for this. No kidding. Feast your eyes on these and don't skip the topics for deposition:
* Plaintiff IBM's Notice of Service of Subpoenas Duces Tecum - yes, plaintiff for the countercharge...oops, I meant counterclaims * Exhibit A - HP's (deposition set for March 15, 9 AM) * Exhibit B - Baystar's (deposition set for March 16, 9 AM) * Exhibit C - Microsoft's (deposition set for March 14, 9 AM) * Exhibit D - Sun's (deposition set for March 7, 9 AM)
If anyone has time to do a plain text of the topics, I'd appreciate the help. What a day.
I love Sun's. Among other things, IBM would like to have them testify about such matters as "restrictions or prohibitions on Sun employees having access to any UNIX product, including, but not limited to, its source code." And they'd like to hear all about all communications between Sun and SCO since June 28, 2002 (isn't that the date Darl joined SCO as CEO?), including any chats about any software licensing agreements and what Darl said to Scott McNealy in May of 2003 regarding SCO's rights to the UNIX operating system and "discussions of business opportunities between SCO and Sun." Oh, and involvement by Sun in the development of Linux.
IBM would like Baystar to hand over documents about any communication between Baystar and Microsoft regarding SCO, IBM or the SCO v IBM litigation and all documents regarding agreements between Baystar and SCO and all documents regarding Baystar's investment in SCO, and all documents concerning Baystar's knowledge of SCO's business". Say, that should be easy for a "pure financial animal".
Microsoft, Microsoft, Microsoft. Do tell IBM all about any agreements between Microsoft and SCO, and all communications or agreements relating to SCO or this litigation, including all communications between Microsoft and SCO since June 28, 2002, including Darl's communication in May of 2003 "with Steven Ballmer regarding SCO's rights to the UNIX operating system". Oh, and IBM would like to hear about "Microsoft's business strategy regarding Linux", and they'd like to chat about the Caldera antitrust litigation against Microsoft too. Me, too. Me, too. Now about those shredded documents... And finally, they'd like "all communications or agreements relating to SCO or this litigation, including all communications with Baystar, Royal Bank of Canada, and Everyone's Internet, Ltd."
Yoo hoo. PIPE Fairy. Hope you like sunshine.
As for HP, IBM would like to see their contract licensing them to use UNIX. They'd like to know about any restrictions on employees having access to UNIX source code and all documents concerning "any agreements relating to any Hewlett-Packard software product involving Hewlett-Packard and AT&T, USL, Novell, Santa Cruz, Tarantella, or SCO." And any documents regarding any open sourcing of any HP UNIX product and all documejnts concerning the origin of any UNIX source code "publicly disclosed or open sourced by Hewlett-Packard." And they would like to see, or hear about, any agreements between SCO and HP. They'd like to know more about the indemnification plan of HP's also. And this is interesting, number 12:
12. All documents concerning any efforts to ensure or maintain the secrecy or confidentiality of any UNIX source code, know-how, concepts, techniques, or methods, including but not limited to: (a) any rule, policy, practice or procedure relating to the confidentiality or secrecy, or lack of confidentiality or secrecy, of any UNIX source code, know-how, concepts, techniques, or methods; any breach of any such rule, policy, practice or procedure; (c) the use by any person of any UNIX source code, know-how, concepts, techniques,, or methods; and (d) the disclosure or availability of any UNIX source code, know-how, concepts, techniques, or methods to any person.
I begin to think that every question we've had, we will finally get to know the answer.
I see comments indicating that some of you thought discovery was over. Here, from Groklaw's IBM Timeline page, is the schedule:
22-Dec-05 - Final Deadline for Parties to Identify with Specificity All Allegedly Misused Material
27-Jan-06 - Close of All Fact Discovery Except As to Defenses to Claims Relating to Allegedly Misused Material
17-Mar-06 - Close of All Remaining Discovery (i.e., Fact Discovery As to Defenses to Any Claim Relating to Allegedly Misused Material)
As you can see, we're in the part that I've highlighted in red, which is over on March 17. It's all about defenses now. In other words, SCO filed it's list of ha ha allegedly misused material, and now IBM gets to do discovery to establish its defenses. Don't forget the expert witnesses also:
14-Apr-06 - Initial Expert Reports
19-May-06 - Opposing Expert Reports
16-Jun-06 - Rebuttal Expert Reports
10-July-06 - Final Deadline for Expert Discovery
And then, ta da! Dispositive motions.
I know... I remember the two brothers (although I no longer remember their names) that ran the company...
Mark
"I wont miss him one bit, a rude spiteful little troll and were all better off with him gone. If you think he is crude on the board you should see some of the things he drops in peoples mailboxes.."
Wow! How did b2k finally get banned?
"Correction: In revenue, profits, assets, and ethics, IBM is *still* larger than Microsoft."
Agreed. I used to work for IBM - they are VERY big on enforcing following company policy and contracts and the law. Very scrupulous to do so. As a consultant, there were plenty of times we had to involve legal in getting an opinion on how to proceed. They're extreme sticklers.
Anyway, after dealing with that issue, the install went well. No complaints and my systems are running great. I have just one left to install it on. It's my server (running Mandrake 10.0) and have no need to change it over just yet.
So, I used the mirror at 216.165.129.140 That installed, but a crudload of packages were missing and the install was taking forever.
Plus, I'm on a DSL connection that others use frequently.
From what I hear, Suse 10.1 is in beta 4--I would think it'd be out as a stable shortly. Probably just wait until 10.1 is released and download the 5CD set via bittorrent.
(I normally download the full set for odd number releases (9.1, 9.3), ftp install for evens (9.2).
I don't ever recall getting anything bad from B2k via freepmail. In fact, he sent me a link to that Napoleon Dynamite/Bill Gates video - hilarious.
I wonder if we can trade someone to get him back.....
To call MS a "competitor" of IBM is pure nonsense.
Same here - I'd take B2k over the other guy any time.
Cool - B2K has his own linux personality cult. :-)
No, hes an ass too. Just more reasonable than the turkey, and he posts on more topics, too.
You have your timeline reversed. Gates sold an OS to IBM. Then he bought QDOS. That's usually called fraud.
I doubt the Harvard story and stealing the Basic interpreter.
Doubt all you want. William H. Gates 2nd has confirmed the gist of the story. More back story can be found here.
Also, he spent considerable time writing the code generator component for M80, which is perhaps the hardest part to get functioning properly.
Mostly using code "borrowed" from other hobbyists.
To me, Gates is where he is because he did things right and filled a hole in the market that the public wanted filled.
Read: Bill Gates is great at getting people to buy junk. That makes him a great marketer, but not so great at anything else.
Microsoft products may not be perfect, but I haven't found too many viable substitute, especially when it comes to teaching computer science courses.
There's the understatement of the year. Some conservative estimates place costs caused by Microsoft's faulty software somewhere between $50 and $100 billion a year, depending on how many virulent worms and viruses crop up in a particular year.
And by the way, exactly how do you use Microsoft software to teach a computer science course when you don't have access to the source code to demonstrate exactly how the thing works?
Short answer: you don't. You do some smoke and mirrors thing based on a description of what it does provided by Microsoft.
Hmmm...methinks you have an agenda. I checked the two sources you included in your reply and the first says nothing about him stealing code, only about his gifts to Harvard. The second "source" starts out with a paper titled "Why I Hate Microsoft", surely a cogent and unbiased view of the facts.
Your response to my comment about using Microsoft sofware in courses doesn't address my comment. You jumped from my instructional use to some guesstimates about the costs of viruses...not the same thing, but a common tactic used to deflect from the issue being discussed, especially when one doesn't know how to address the real issue.
As to the caustic comment about my teaching, I teach software development courses (not op systems software) which are primarily concerned with application development. Visual Studio .NET provides a viable environment to accomplish that task, especially at the intro level. Advanced courses may use other environments (e.g., WebSphere). Further, I've been writing and teaching software development for almost 30 years and never felt the necessity of having someone else's source code to make a point to my students.
Hey now, I did not say I wanted him back... I said I would trade him for another freeper ;)
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