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No 100% Transfers of Business in Novell to SC or SC to Caldera
Groklaw ^ | 03/20/06 | Pamela Jones

Posted on 03/20/2006 3:14:54 PM PST by Salo

Here's the Order [PDF] by Magistrate Judge Brooke Wells from the hearing on December 20, 2005 on IBM's motion to compel a recalcitrant SCO to hand over what SCO claimed were privileged materials and on SCO's New Renewed Motion to Compel Discovery. We know the outcome, because Judge Wells announced her decisions on both motions at the hearing from the bench. But now we have it in writing. IBM won its motion, and the order includes the following priceless gem:

1. In the Novell to Santa Cruz transaction, Novell did not transfer to Santa Cruz the entirety of Novell's business; 2. In the Santa Cruz to Caldera transaction, Santa Cruz did not transfer to Caldera the entirety of Santa Cruz's business;

I say priceless, because that is the big buh-bye to SCO's attempt to get the UNIX SYSTEM LABORATORIES trademark based on their bold assertion that there was a complete continuity of business from AT&T to SCO.

(Excerpt) Read more at groklaw.net ...


TOPICS: Business/Economy; Technical
KEYWORDS: ibm; linux; sco
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Drip, drip, drip.
1 posted on 03/20/2006 3:15:01 PM PST by Salo
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To: ShadowAce; Ernest_at_the_Beach; N3WBI3
Pings. Looks like SCO's unraveling lies are so obvious even a judge can see them.
2 posted on 03/20/2006 3:16:27 PM PST by Salo (Trey and Matt for President!)
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To: Salo

Is there any chance the entire SCO crew can be arrested and spend the rest of their lives in jail?


3 posted on 03/20/2006 3:21:17 PM PST by Anti-Bubba182
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To: Salo

Thanks, go to go see.....


4 posted on 03/20/2006 4:08:54 PM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: Ernest_at_the_Beach; ShadowAce; N3WBI3; Salo
Hey fellers, did y'all see this one?

Wallace v. FSF - Wallace Loses, Must Pay Costs

The GPL has been upheld in court.

[T]he GPL encourages, rather than discourages, free competition and the distribution of computer operating systems, the benefits of which directly pass to consumers. These benefits include lower prices, better access and more innovation.

5 posted on 03/20/2006 9:20:06 PM PST by TechJunkYard (DMCA: Don't Make Content Accessable)
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To: Salo
SCO is finished. They just don't know it yet.
6 posted on 03/20/2006 9:23:17 PM PST by TechJunkYard (DMCA: Don't Make Content Accessable)
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To: N3WBI3; ShadowAce; Tribune7; frogjerk; Salo; LTCJ; Calvinist_Dark_Lord; amigatec; Fractal Trader; ..

OSS PING

If you are interested in the OSS ping list please mail me

7 posted on 03/21/2006 6:38:04 AM PST by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: TechJunkYard; Golden Eagle

When I started reading it, I thought he lost only on procedural grounds, but it's nice to have the judge make the determination that free software helps, rather than hinders, the market.

This was an absolute slam. It's not that he was too incompetent to file properly, but that the entire premise of the suit is flawed.

Ping to GE, even the courts don't buy free software paranoia.


8 posted on 03/21/2006 6:58:08 AM PST by antiRepublicrat
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To: TechJunkYard

They know it - all of the poobah's dumped their stock when it was worth more than toilet paper. :-)


9 posted on 03/21/2006 7:18:41 AM PST by Salo (Trey and Matt for President!)
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To: Salo

Put a fork in SCO; they're done.


10 posted on 03/21/2006 9:39:10 AM PST by AFreeBird (your mileage may vary)
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To: TechJunkYard

TechJunkYard wrote:
SCO is finished. They just don't know it yet.

Ha, hilarious since you were one of the ones claiming IBM was going to win summary judgement years ago.

Nothing's changed, except IBM stock is down 20% since this all started.


11 posted on 03/21/2006 1:14:05 PM PST by Golden Eagle
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To: Golden Eagle; TechJunkYard

SCO's stock is down in the 400+% range since their FUD campaign peaked.


12 posted on 03/21/2006 3:54:29 PM PST by Salo (Trey and Matt for President!)
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To: Salo

FUD? Didn't IBM invent that?


13 posted on 03/21/2006 4:43:41 PM PST by Golden Eagle
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To: Golden Eagle

Yes, they did, but they didn't patent it, not that SCO respects patents.....


14 posted on 03/21/2006 4:46:17 PM PST by Salo (Trey and Matt for President!)
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To: Golden Eagle
.. IBM stock is down 20% since this all started.

Yet more fodder for IBM's counterclaims. No question that SCO has hurt IBM's business, and IBM is entitled to recover damages.

Also note that SCO is close to going BK (see their latest SEC filings) unless Micr'soft can find another way to donate a bunch of money.

It'll take a little longer than we had anticipated, but the end result will be the same.

15 posted on 03/22/2006 5:14:15 AM PST by TechJunkYard (DMCA: Don't Make Content Accessable)
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To: Golden Eagle


Golden Eagle is a pathological liar and hypocrite. Here are examples:

Here, he complains that Cedega's not free: http://www.freerepublic.com/focus/f-chat/1591595/posts?page=115#115

and then, mocks another user for suggesting that Cedega be free: http://www.freerepublic.com/focus/f-chat/1591595/posts?page=134#134

then complains that Linux is free: http://www.freerepublic.com/focus/f-news/1530486/posts?page=40#40

and here he is, recommending free Solaris: http://www.freerepublic.com/focus/f-chat/1490554/posts?page=21#21

Here he is, criticizing Linux because it doesn't run Windows apps: http://www.freerepublic.com/focus/f-chat/1591595/posts?q=1&&page=101#115

and copping out when challenged about Windows inability to run Linux apps: http://www.freerepublic.com/focus/f-chat/1591595/posts?page=118#118

Here he is, recommending Solaris, which doesn't run Windows apps: http://www.freerepublic.com/focus/f-chat/1490554/posts?page=21#21

...and Apple, which doesn't either: http://www.freerepublic.com/focus/f-chat/1573697/posts?page=9#9


Here, he's criticizing others for namecalling: http://www.freerepublic.com/focus/f-chat/1584107/posts?page=29#29

And here he is, namecalling: http://www.freerepublic.com/focus/f-news/1583531/posts?page=61#61


Here's where he refers to Dell "systems": http://www.freerepublic.com/focus/f-chat/1585665/posts?page=35#35

Then denies his own words: http://www.freerepublic.com/focus/f-chat/1585665/posts?page=137#137

then blames me for it all, saying I should have reminded him of his own words: http://www.freerepublic.com/focus/f-chat/1585665/posts?page=165#165


Then, here's where he makes more false accusations of ME: http://www.freerepublic.com/focus/chat/1592292/posts?page=90#90

and here's where I ask him to prove I said the things he accused me of: http://www.freerepublic.com/focus/chat/1592292/posts?page=92#92

And refuses to provide a link to MY posts (he just linked to my history instead): http://www.freerepublic.com/focus/chat/1592292/posts?page=95#95

And fails again to prove what he says: http://www.freerepublic.com/focus/chat/1592292/posts?page=99#99

And yet again, repeating the accusations, but failing to provide proof: http://www.freerepublic.com/focus/chat/1592292/posts?page=122#122

And now, where his "proof" is something I didn't even post: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=125#125

and where he has the nerve to ask another poster to back up what they say with specific examples, despite the fact that he refused to do so for me: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=255#255

and here is where he demands that yet someone ELSE provide a link to prove what THEY said: http://www.freerepublic.com/focus/f-chat/1568848/posts?page=68#68

and here is where he claims he will admit mistakes, despite the fact that he hasn't admitted this one: http://www.freerepublic.com/focus/f-chat/1592494/posts?page=43#43


Here he is claiming that Red Hat has a couple of hundred Linux kernel developers: http://www.freerepublic.com/focus/f-chat/1527263/posts?page=49#49

And here he is claiming no one knows how many kernel developers work for Red Hat: http://www.freerepublic.com/focus/f-chat/1527263/posts?page=77#77

and yet, he denies that he said hundreds, yet again (21st paragraph): http://www.freerepublic.com/focus/f-chat/1592292/posts?page=131#131

And here he is getting nailed for it yet again:
http://www.freerepublic.com/focus/f-chat/1592292/posts?page=132#132

and again: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=137#137

and claiming that I never proved that he was wrong about the number of kernel developers at Red Hat: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=134#134



Here's where he hijacked the Open Source Ping List, and the ensuing discussion: http://www.freerepublic.com/focus/f-news/1571222/posts?page=8#8


Here he is ridiculing another poster for using bold fonts to make a point: http://www.freerepublic.com/focus/f-chat/1493462/posts?page=130#130

And here he is using bold fonts to make a point: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=106#106


Here he is defending Microsoft's contributions to Planned Parenthood: http://www.freerepublic.com/focus/f-news/1492595/posts?page=22#22

Here is a Linux thread with only one post by GE (notice how pleasant and peaceful): http://www.freerepublic.com/focus/f-chat/1500664/posts?q=1&&page=1

Here is a Linux thread where GE stayed and trolled (well beyond 280 posts, totally off the topic. No insults before he showed up, as with many of his threads. He has stated multiple times that he was leaving, yet he keeps posting, because he's a last word freak): http://www.freerepublic.com/focus/chat/1592292/posts?q=1&&page=1#1


Here he is saying that he's leaving the thread: http://www.freerepublic.com/focus/f-chat/1592292/posts?page=127#127

and here he is, many days and over 100 posts later, still posting: http://www.freerepublic.com/focus/f-chat/1592292/posts?q=1&&page=281#284


16 posted on 03/22/2006 5:34:49 AM PST by FLAMING DEATH (And now, for something completely different: www.donaldlancow.com)
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To: FLAMING DEATH

So what are you saying??? /sarcasm


17 posted on 03/22/2006 8:05:12 AM PST by BlueMondaySkipper (The quickest way of ending a war is to lose it. - George Orwell)
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To: BlueMondaySkipper

haha!

You know, I'm not this impatient with anyone else. For the most part, everyone I've met on Freerepublic has been respectful and polite, even when discussing differences of opinion.

I'm just tired of him constantly lying about everything, including me.


18 posted on 03/22/2006 8:13:07 AM PST by FLAMING DEATH (And now, for something completely different: www.donaldlancow.com)
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To: FLAMING DEATH

Keep linking that stuff, so everyone can see your undying devotion to defending that leftist whacko Stallman and free software transfers to foreign adversaries like Cuba Iran and North Korea.


19 posted on 03/23/2006 7:46:56 PM PST by Golden Eagle
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To: Golden Eagle

Gee, if any of the posts I linked to dealt with any of the stuff you just mentioned, you might have a point, other than the one on top of your head.


20 posted on 03/24/2006 5:31:31 AM PST by FLAMING DEATH (And now, for something completely different: www.donaldlancow.com)
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