"Our complaint will now move...
Message ID: 59888
Posted By: korbomite
Posted On: 2003-11-10 03:38:00
Subject: "Our complaint will now move...
Recs: 6
...to the discovery phase."
Prophetic words from Red Hat CEO, Matthew Szulik, this past August. After what has gone down since, I thought it telling to revisit recent history.
Consider the following:
-Red Hat has moved forward in its aims to stop SCUMX from slandering and libelling the entirety of the FLOSS community - especially the GNU/GPL sub-community - and their corporate partners and allies.
-HPQ and SUNW have shown their duplicitous hands, along with ORCL and CA and reaped the whirlwind because of it.
-IBM is following the money and attempting to pierce the corporate veil all the way to the ultimate backers - the above mentioned traitorous "friends" of FLOSS and and perhaps to MSFT itself, to answer the question "What did you plan and when did you plan it?"
-The disaster in Las Vegas.
-The recent announcement by SuSE and Novell that they would merge, and IBM's $50-million in aid to the cause. Let us keep in mind, for the shills and the uninformed that _ONLY_NOVELL_ has the _TRUE_ Intellectual Property that SCOX falsely claims as their own. After all, SCOX still pays royalties to Novell for the trademarks, patents, trade secrets and copyrights they own that make up the IP known as "UNIX."
-IBM's take no prisoners approach to Discovery and their iron-gloved Motions to Compel that have shown SCOX's legal teams to be weak, disorganized and, ultimately, in contempt of the very Court they purport to serve.
Back to Mr. Szulik:
from a recent BusinessWeek article, lest we forget:
QUOTE
"GET TO THE TRUTH." The merits of the Lindon (Utah) company's position remain murky, however, in part because SCO won't let software experts openly examine the disputed code. Red Hat's Szulik says "we tried to seek a responsible way to see the code" but didn't like the limitations laid down. SCO told Red Hat it could see examples of code infringements -- but only under a confidentiality agreement that would prevent Red Hat from using what it learned to help prepare any litigation or to provide assistance to IBM.
So Red Hat turned to the courts. "The primary purpose of our complaint is to get to the truth of the matter on behalf of our customers and the open-source community," says Szulik. His Raleigh (N.C.) company is asking the court to make two so-called declaratory judgements: that Red Hat Linux neither infringes SCO's copyrights nor contains the materials that SCO claims were illegitimately contributed to the Linux community by IBM.
"Our complaint will now move to the discovery phase," says Szulik. That could force SCO to put up or shut up. And if the Delaware court finds in favor of Red Hat, ruling that its version of Linux doesn't contain the allegedly illegitimate code contributed by IBM, that would yank the rug from under SCO's lawsuit against IBM. Because all improvements to Linux by any company or person must be made available to all Linux users (a basic tenet of open-source software development), if IBM had added any of SCO's proprietary code, it would be in Red Hat's version of Linux by now. So if Red Hat Linux doesn't violate SCO's copyrights, it would be tough for SCO to argue that IBM did something wrong.
ENDQUOTE
www.businessweek.com/technology/content/aug2003/tc2003085_6283_tc119.htm
This SCOX 'thing' is a momentary distraction and a test for our true friends, that reveals the enemy behind their Fear and false smiles...but, when rolled up, it is just a stock scam, to make thieves, liars and cowards money, because they are too timid and stupid to come by their profits honestly.
This is only a stock scam...remember Delaware, folks.
k
------------------------------------------------------------
The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "korbomite"
under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
------------------------------------------------------------
Posted By: korbomite
Posted On: 2003-11-10 03:38:00
Subject: "Our complaint will now move...
Recs: 6
...to the discovery phase."
Prophetic words from Red Hat CEO, Matthew Szulik, this past August. After what has gone down since, I thought it telling to revisit recent history.
Consider the following:
-Red Hat has moved forward in its aims to stop SCUMX from slandering and libelling the entirety of the FLOSS community - especially the GNU/GPL sub-community - and their corporate partners and allies.
-HPQ and SUNW have shown their duplicitous hands, along with ORCL and CA and reaped the whirlwind because of it.
-IBM is following the money and attempting to pierce the corporate veil all the way to the ultimate backers - the above mentioned traitorous "friends" of FLOSS and and perhaps to MSFT itself, to answer the question "What did you plan and when did you plan it?"
-The disaster in Las Vegas.
-The recent announcement by SuSE and Novell that they would merge, and IBM's $50-million in aid to the cause. Let us keep in mind, for the shills and the uninformed that _ONLY_NOVELL_ has the _TRUE_ Intellectual Property that SCOX falsely claims as their own. After all, SCOX still pays royalties to Novell for the trademarks, patents, trade secrets and copyrights they own that make up the IP known as "UNIX."
-IBM's take no prisoners approach to Discovery and their iron-gloved Motions to Compel that have shown SCOX's legal teams to be weak, disorganized and, ultimately, in contempt of the very Court they purport to serve.
Back to Mr. Szulik:
from a recent BusinessWeek article, lest we forget:
QUOTE
"GET TO THE TRUTH." The merits of the Lindon (Utah) company's position remain murky, however, in part because SCO won't let software experts openly examine the disputed code. Red Hat's Szulik says "we tried to seek a responsible way to see the code" but didn't like the limitations laid down. SCO told Red Hat it could see examples of code infringements -- but only under a confidentiality agreement that would prevent Red Hat from using what it learned to help prepare any litigation or to provide assistance to IBM.
So Red Hat turned to the courts. "The primary purpose of our complaint is to get to the truth of the matter on behalf of our customers and the open-source community," says Szulik. His Raleigh (N.C.) company is asking the court to make two so-called declaratory judgements: that Red Hat Linux neither infringes SCO's copyrights nor contains the materials that SCO claims were illegitimately contributed to the Linux community by IBM.
"Our complaint will now move to the discovery phase," says Szulik. That could force SCO to put up or shut up. And if the Delaware court finds in favor of Red Hat, ruling that its version of Linux doesn't contain the allegedly illegitimate code contributed by IBM, that would yank the rug from under SCO's lawsuit against IBM. Because all improvements to Linux by any company or person must be made available to all Linux users (a basic tenet of open-source software development), if IBM had added any of SCO's proprietary code, it would be in Red Hat's version of Linux by now. So if Red Hat Linux doesn't violate SCO's copyrights, it would be tough for SCO to argue that IBM did something wrong.
ENDQUOTE
www.businessweek.com/technology/content/aug2003/tc2003085_6283_tc119.htm
This SCOX 'thing' is a momentary distraction and a test for our true friends, that reveals the enemy behind their Fear and false smiles...but, when rolled up, it is just a stock scam, to make thieves, liars and cowards money, because they are too timid and stupid to come by their profits honestly.
This is only a stock scam...remember Delaware, folks.
k
------------------------------------------------------------
The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "korbomite"
under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
------------------------------------------------------------