Forbes Examines SCO Subpoenas 416
z4ce writes "It seems that Daniel Lyons of Forbes just wrote yet another article on the IBM vs. SCO law suit. Now, Daniel seems to seeing SCO for the liars they are. One of the choice quotes include, "What's the point of hassling people who make chips and set-top boxes? Don't ask SCO's top execs. They don't know anything about this stuff, remember?""
Because... (Score:4, Funny)
Re:Because... (Score:2)
Argh! (Score:4, Insightful)
Enough speculation, lets quit getting our panties in a bunch until the real meat of the lawsuit comes to life.
Re:Argh! (Score:5, Informative)
I must have missed it, and it's not showing up in the search either. Could you please post a link to today's previous SCO story? No? How about the two from yesterday then? The two from the previous day? Any stories from the 3 days before that? In fact, there have only been 7 stories in the past 14 days. That would be (averaged) one every two days. Are you proposing more SCO stories?
Have you never looked at your preferences [slashdot.org] Mr. FortKnox [slashdot.org]? Do you see that big section entitled "Exclude Stories from the Homepage"? Click Caldera and you'll never have to bother with it again. That's what that feature is for: so you don't have to hear about subjects you don't want and we don't have to hear you complain.
Re:Argh! (Score:2)
It's been all about these subpoenas lately.
Re:Argh! (Score:3)
You haven't been paying attention. Look closely at the dates [slashdot.org].
The first one this month was on the 6th.
Two on the 7th
One on the 8th
None on the 9th or 10th.
One on each of the 11th, 12th, and 13th.
For the month of October, there were 18 SCO stories, and none twice in one day.
There has been only one double up in the past six weeks. Please learn to count. Like I said earlier, if you can find more, please post the link because I'd like to read them.
Re:Argh! (Score:3, Funny)
Slashdot. News for Nerdy Lawyers.
Re:Argh! (Score:3, Funny)
Umm, hello...FK didn't say he wanted to stop hearing about SCO. He said he wainted one story per day until something happens. That won't solve his problems at all.
Re:Argh! Including original post (Score:3)
I guess this should be to the original post... but it seems to me, if he only wants to hear about SCO once a day, he could,
1. Quit hitting refresh every few minutes, or
2. Don't read more than one article about SCO per day!!!
Jumpin' Jiminy, that's why there is a list of articles with (good or bad) summaries. If you don't want to hear about so
Re:Argh! (Score:2)
Re:Argh! (Score:4, Funny)
The tides, they are a-changin' (Score:4, Interesting)
Excellent - it seems I'm reading more and more critical-of-SCO stuff these days. Just desserts, and all that
Simon
Linux hitmen (Score:3, Interesting)
The article is written in a very casual almost unbussiness-like tone of voice--odd for forbes. I bet it does not make it into the dead-tree edition of forbes read by real bussiness types, so it wont have much impact
Re:Linux hitmen (Score:5, Insightful)
Lyons is evidently more careful with his facts than most of the reporters we like to count as clueful. Still, it would have been better to credit GNU to the FSF, and not just to Stallman personally.
The possible reason (Score:2)
Re:The tides, they are a-changin' (Score:3, Interesting)
Then you said: I'm partial to the Bill of Rights, myself.
I agree the Bill of Rights trumps Linux overall (though it could be argued that Linux enjoys more support than the former, unfortunately) and is a fine piece of work, but collaborative?:
The Bill of Rights: A BRIEF HISTORY [aclu.org]:
The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adop
Congrats, Forbes (Score:5, Interesting)
Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.
It's refreshing to see mainstream media getting it right.
Re:Congrats, Forbes (Score:2)
Re:Congrats, Forbes (Score:2)
Re:Congrats, Forbes (Score:4, Insightful)
Re:Congrats, Forbes (Score:5, Insightful)
Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.
Nope, the press is still wrong-headed about this. Firstly, the operating system is not RMS's, although he certainly made valuable contributions toward it. Secondly, if the GNU/Linux operating system were to use a different kernel, then it would be the GNU/XXXXX operating system. This bolsters my impression that RMS is always trying to keep the positive associations of the word 'Linux', while at the same time insisting that the work of Linus et al. is a disposable commodity. Weasel words, if you ask me.
Re:Congrats, Forbes (Score:2)
This bolsters my impression that you are an eejit. RMS didn't write that, that was the reporter. He is always careful to make the distinction between Linux and GNU. If any weasel words are being used, they are yours.
Re:Congrats, Forbes (Score:4, Insightful)
Re:Congrats, Forbes (Score:4, Funny)
Re:Congrats, Forbes (Score:2)
Not so fast. He called it the GNU/Linux operating system, which is clearly a misrepresentation.
Re:Congrats, Forbes (Score:2)
So why is GNU the obsessive focus, then?
"The GNU stuff" (Score:5, Informative)
Read this statement by Ulrich Drepper, glibc maintainer [redhat.com]. Among other things, he says:
So the bottom line is that GNU, like Microsoft, takes credit for a lot of people's work, sometimes with their complete approval, sometimes against their will. In reality, most of the energy in free software came from Linux and people's desire to get Unixy things working on Linux.
Oh, and log in so more people see your posts.
GNU is the G in GPL, LGPL and GCC (Score:5, Insightful)
First of all without GNU, there wouldn't have been a GCC and I haven't exactly seen a lot of other choices floating around. There were a *lot* of really crap compilers (every other CS student's undergraduate project) that then seemed to be sold.
GCC worked because of the GPL. Cygnus did a lot of work on it, but they didn't write it. Drepper, if anything, is only talking about the C library which has changed in major ways over the years. RH are doing a lot of work on GCC, but so are very many other people. Without Stallman's development model and his emphasis on portability in the original design, it wouldn't have happened.
I did some hacks on GCC many years ago (early 2.x) to fix some issues with a port and whilst a lot of people had contributed - it was clear that structure came from Stallman.
Re:GNU is the G in GPL, LGPL and GCC (Score:3, Insightful)
The why is simple. If some 'idiot' rips off my GPLed code, how can I prosecute this if I have to get every contributor to say that they agree that the idiot should go to cour
Confusion ... (Score:5, Informative)
Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.
This sums it up. SCO is suing IBM for breach of contract, nothing more, nothing less. What dows Linus Torvalds, Richard Stallman et al have to do with this contract? did they sign it?
Even that Forbes reporter could (kind of) tell the difference between GNU/Linux the OS and Linux the kernel
Re:Confusion ... (Score:2, Insightful)
Re:Confusion ... (Score:2, Insightful)
Actually, I belive the dump [yahoo.com] part is happening or has already happened.
I figure they have to keep pumping no matter how insane so they can claim it wasn't just a pump and dump when the SEC finally comes after them.
They must continue... or go to jail.
Re:Confusion ... (Score:4, Funny)
Of course the reporter could tell the difference, he had just gotten done interviewing RMS. He probably heard "GNU/Linux" a hundred times in ten minutes.
Re:Confusion ... (Score:2)
I can see the deposition now . . . (Score:3, Funny)
* 1 page, Richard Stallman providing his name, address, current occupation, other identifying material.
* 18 pages of Stallman explaining what "Free Software" means.
* 18 pages of Stallman explaining the GNU Public License.
* 20 pages of Stallman ``correcting" the interlocutor that they are talking about `GNU/linux'"
* 10 pages of Stallman being shown snippets of Linux kernel code & responding, ``I have no idea; I've never seen this cod
Re:Confusion ... (Score:5, Informative)
Re:Confusion ... (Score:5, Insightful)
Isn't it obvious? (Score:4, Insightful)
As for calling Stallman, it's clearly to deal with the counter-claims re: the GPL, which IBM brought to the table. Certainly Stallman is worth questioning if the GPL is being challenged or used as a point of attack.
-Dan
Re:Confusion ... (Score:5, Funny)
Reminds me of a car bumper sticker I once saw:
"Protected by Mafia Insurance - You hit us, we hit you."
Re:Confusion ... (Score:5, Interesting)
Civil litigation is not always about achieving equitible settlement. Its very often about intimidation, marketing, public relations, bragging rights, money, etc. To achieve these goals lawyers regularly entangle as many related entities as possible. Its FUD and intimidation.
A few years ago I changed jobs. My old employer sued me, my new employer, and a corporate officer of my new employer. They sued with an overly broad interpretation of violating a non-compete clause I had signed with them. (They claimed any other job in computer programming was competing.) They knew they would not win the case and they sued my new employer who did not sign the non-compete contract. In the end the judge rendered summary judgement and dismissed their case. BUT-- Guess what? Mission accomplished. I had to hire a lawyer and go to court. So did my new employer and its officer. Ever try to buy a house when you are being sued? Banks don't like to lend money to people being sued. Now other employees of my old company were scared to leave and my new employer had financial incentive not to hire any more of my former co-workers.
SCO is undertaking a similar but grander plan. They are doing some discovery, I am sure, but they also want to intimidate Linux developers, waste their time, and cause them to run up legal bills. They want to do the same for Linux companies.
Thus, providing incentives to "see it there way". It also serves to muddy the public reputation of GNU/Linux itself, its developers, and Linux companies. The later provides a clear marketing reason to pay SCO license fees. All of this also drags out the case, keeping the Linux FUD out there for people to see for a longer period of time. Which of course provides reasons to settle or license up.
SCO's tatics here are the norm, I would expect more of the same in the future.
Re:Confusion ... (Score:3, Interesting)
Because the entity that was Caldera spun off and became Tarantella, then Canopy stepped in and bought out the rest of the business, the Linux distribution, the Unix software, and all the successive rights. The clowns at Canopy probably looked at the failing bottom line of what was left of the business, said to themselves, "We gotta stop this hemor
SCO content (Score:3, Funny)
whats wrong daryl? did that iraqi defense minister stop feeding you tips?
blah (Score:5, Funny)
Jeese I'm tired of hearing about SCO.
I wish Moore's law applied to the speed of lawsuits as well.
Re:blah (Score:5, Funny)
I wish Moore's law applied to the speed of lawsuits as well.
Actually, Moore's Law applies to the number of lawsuits today.
Re:blah (Score:2)
Remember Moore's law doesnt say anything about speed, but about the doubling of the amount of transitors in a processor.
This is apropiate because the amount of documents and subpoenas exchanged seems to double every couple of weeks
Holy shit! (Score:5, Funny)
Holy shit! RMS talked to a member of the press and DIDN'T come off looking like a smug, reality-disconnected jackass!
Truly amazing.
Re:Holy shit! (Score:2)
He did apparently convince the reporter that Linux was the kernel and the greater operating system was "GNU/Linux".
Re:Holy shit! (Score:2)
Re:Holy shit! (Score:2)
Re:Holy shit! (Score:2)
Re:Holy shit! (Score:3, Funny)
You don't?
You do realize this is Slashdot, don't you?
Exact wording? (Score:2)
Is the exact wording of the subpoena available anywhere?
I'm not really familiar with US subpoenas, so I'm not sure if it would actually be helpful or not.
No reaction to the article. It seems to be void of actual content. But yeah, Daniel Lyons seems to be clued in now.
Re:Exact wording? (Score:2)
Re:Exact wording? (Score:3, Informative)
Daniel Lyons ? (Score:3, Interesting)
Quite a change in tone ! Oh, well, maybe he's grown as tired of the SCO-IBM case as I am...
Re:Daniel Lyons ? (Score:5, Funny)
Maybe his last cheque from Darl & co. bounced..
Re:Daniel Lyons ? (Score:2, Interesting)
1) Daniel had to face some of the criticism generated by his previous articles, and recognize that criticism as legitimate. Maybe one of his editors caught wind of what was going on and had to have a talk with him. While the top brass at Forbes are obviously pro-business, they don't want to be seen as biased or ( worse ) unable to comprehend current technology issues.
2) He's woken up to the fact that SCO has used him as a mouthp
This isnt a desperation move, not to SCOs thinking (Score:5, Interesting)
1. We know there is UNIX code in linux, and we need to bring in as many people as possible to show how fragmented and uncontrolled Linux Development is. This will make the court favor us, as we can show a lack of true orginization on the defendants part (the defendant being Linux, not the legal defendant e.g. IBM).
2. We have gone on record disclosing that our revenue model is largely based around SCOSource, which is largely based around people paying us for our IP. Ergo, we have to show people that we can win(otherwise we have no IP to charge people for), and to do this we must undermine Linux's Credibility.
The practical upshot is that the 'buckshot' discovery model is aimed partially at garnering as much information possible (relevant or not) and partially to illustrate to the court that there is no one authoritative 'source' to the problem (thereby undermining the general credibility of linux with the court, making the court more inclined to see it as a dangerous conglomeration of not-necessarily-IP-abiding individuals.)
I know this is supposition, but like many of the other theories about why SCO is doing what they are doing it fits well in the facts.
Re:This isnt a desperation move, not to SCOs think (Score:2)
Re:This isnt a desperation move, not to SCOs think (Score:5, Funny)
Of course, if you look at it crosseyed enough, it starts to make a little sense.. by bringing to the stand people who have nothing to do with it, you make them seem even more fragmented and uncontrolled...
"Mr Stallman, let's talk about the Linux kernel code you contributed.."
"I've never made any contributions to the Linux kernel."
"Ahh - so then let's talk about the code that you didn't contribute, then."
"What?!?!"
"Your Honor, see how fragmented and uncontrolled they are!"
Re:This isnt a desperation move, not to SCOs think (Score:2)
"Your Honor, see how fragmented and uncontrolled they are!"
What more evidence do we need that $CO is going to employ the Chewbacca Defense:
"RMS did not contribute to Linux. This does not make sense. Chewbacca lives on Endor. That does not make sense. Therefore, you must acquit!"
Re:This isnt a desperation move, not to SCOs think (Score:4, Insightful)
Re:This isnt a desperation move, not to SCOs think (Score:5, Insightful)
Re:This isnt a desperation move, not to SCOs think (Score:4, Insightful)
Marketing via backlash (Score:4, Funny)
SCO goes after Linux as a marketing/gain money tool.
They get hated.
Opposing SCO becomes popular.
SCO has just handed people a new marketing tool - oppose/stand up to SCO, get attention, customers, etc.
Though in reflection, their egregeous approach to an unsubstantiated claim was bound to provoke a backlash. And it was bound to be something that people would take advantage of.
Did SCO even see this? My guess, no. They're up their in their own little world.
Re:Marketing via backlash (Score:2)
I'm thinking this statement is true even if you spell 'little world' as 'ass'.
SCO = news service? (Score:2, Funny)
greetings,
Al
How will SCO respond? (Score:2)
Ought to be good for some laughs. Reporters who get pissed off by disinformation tend not to be kind
Because... (Score:2, Funny)
Blogzine [blogzine.net]
Fortress of Insanity TM [homeunix.net]
Mr Lyons reports what.... (Score:3, Insightful)
The best cut is:
Oddly enough, on Nov. 11, SCO Executive Vice President Christopher Sontag complained to Forbes about IBM's decision to send subpoenas to investors and analysts who supported SCO. Sontag called the move "an attempt to bully and intimidate" and said IBM was engaged in "legal gamesmanship."
So why didn't Sontag mention that, uh, SCO itself was about to target Torvalds and Stallman with subpoenas? SCO's spokesman says Sontag and Darl McBride, SCO's chief executive, did not know that SCO's lawyers were planning the move.
The CEO and Vice-President did not know what their lawyers were up to!? Well I guess it is a clue to who is running the show.
RMS is right (Score:5, Insightful)
"I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux' and thinking that our work on free software was motivated by the ideas associated with 'open source.' These confusions lead users away from the basic issue: their freedom. By comparison, the events involving SCO are transitory and almost trivial," Stallman says.
I think RMS is making an excellent point here. Though the Linux kernel itself is not trivial, these issues surrounding SCO will in the long run become trivial. I have no doubt that the GPL and therefore software freedom will be upheld in court, even if worse comes to worst with the Linux kernel (however unlikely that is). Yes, SCO is crazy/dangerous, but in the long run they can't really hurt free and open source software.
Re:RMS is right (Score:4, Funny)
I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux'
Shouldn't that be "GNU/Linux OS"?
*ducks*
No whining (Score:4, Informative)
If you'll kindly notice, everything SCO has been posted under the "Caldera" icon. So here's how to turn that off, for those that don't want to see any SCO stories anymore.
You're done! Now shut the hell up.
Re:No whining (Score:3, Insightful)
(This article is anti-SCO tilted, but only because he was pissed off that SCO used him as a mouthpiece yesterday and didn't tell him they had also sent subpoenas. He is lashing out to tell them: I'll be your mouthpiece, but then I want the scoops when I talk to you.)
Re:No whining (Score:2)
OK. No whinning about too much SCO news and no whinning about too little SCO news. /.ers will just have to whine about the RIAA, MPAA, etc. until we find something else for you to whine about.
In other news... (Score:3, Funny)
Lyons just trying to _appear_ balanced, maybe? (Score:3, Interesting)
Groklaw.net (IBM's Subpoenas to Analysts and Investors: Why? Why? Why?) points out that IBM's going after the network of analyists and investors, possibly because this whole SCO/Linux thing looks strikingly similar to a pump and dump scheme the Feds have already found.
Does Lyons need to appear balanced to avoid getting entangled with IBM Subpoenas?
Notice that this article spends more time than necessary on the differences between Free and Open software. If I was a SCO lawyer with MS interests at heart, I play RMS to really divide the community. It won't work, but will generate useful FUD.
Re:Lyons just trying to _appear_ balanced, maybe? (Score:2, Interesting)
Each SCO move may seem ludicrous, but don't celebrate their demise too much. So far this thing has been awful for Linux at a time when it should be gaining on Windows (security issues).
Any bets... (Score:2)
Welcome the new choir member (Score:2)
Good to see that the FUD has reached levels intollerable even to the PHB perspective.
I consider this and the (hopefully) subsequent articles to be the harbinger of a lynch mob and land shark feeding frenzy as soon as IBM bitch-slaps SCO et al in court.
Finally Truthfull Headline from SCO (Score:5, Funny)
Press Relaese [cnn.com]
Removed article retrieved from cache. (Score:2, Informative)
Thursday October 16, 5:16 pm ET
$50 Million Private Investment Transaction Led by BayStar Capital Provides SCO With Funding for Future Software Development, SCOx Web Services Partnerships And Acquisitions, Future Licensing Opportunities and the Protection of the Company's Intellectual Property Assets
LINDON, Utah, Oct. 16
Great priorities, RMS (Score:2, Insightful)
Way to get your priorities straight, Richard -- putting your pet semantics above the users' ability to use your software legally. For the
Stallman claims Linux (LOL!) (Score:2, Funny)
Change of heart (Score:4, Funny)
I know Linux is precious.... (Score:2)
Open Letter to SCO, their lawyers, etc. (Score:5, Funny)
I understand what you're going through. As an individual, I went through this back in 2001, when the market tanked and I lost my cushy dot-com gig. A lot of companies went through what you're going through, but most of them had the common decency to go quietly and with dignity, rather than hiring lawyers and trying to take a Scorched Earth approach in a last valiant effort to save themselves. Here's a hint: you're not the Soviet Army and Utah isn't Stalingrad.
Let's face it -- your goose is cooked. In an attempt to fill your coffers, you have succeeded in the most perfect execution of Operation: Footbullet since the dying gasps of the dot-coms in 2000-2001. Even if you win, you lose -- you have alienated the one group that you needed to hold on to any sort of market share: the geeks. If, by some stroke of magical luck, bought judge, planetary alignment, or guiding hand of Microsoft, you manage to actually pull this off and have the GPL declared null-and-void and you and your puppeteer, Bill Gates (no doubt, elbow deep in your asses, playing ventriloquist), manage to clean house registering patents and copyrights on works you didn't create, you will have only succeeded in enraging those who are responsible for creating those works. Those creators are people who have a say in what gets purchased at their offices, and I'd be willing to bet that it wouldn't be SCO or M$ (should their complicity in this fiasco be shown to be true and not just educated guesswork).
That said, I'd encourage you to call off the attack dogs. We'll all have a good laugh at your "clever ruse" and share a beer together. Twenty years from now, SCO will be long-gone and irrelevant. God willing, M$ will be gone then, too. And you'll wonder to yourself: what the fuck was I thinking back then?
Think it over. There's more of us than there are of you, ultimately, we, the consumers, control the future of your business. Do you really want to taunt that 800-lb. gorilla? Do you?
SCO issues subpoena to ... Novell (Score:3, Funny)
Quite possibly, Novell will not be amused. The next logical move by SCO would be to terminate Novell's unix licence. Oh wait...
LinuxWorld editor features in the Forbest article (Score:2, Interesting)
Great quote... (Score:3, Informative)
Classic, definitely classic. The mass media is finally catching one. SCO is really going to be backed into a corner now.
Although, I question if that's a good thing. The Chinese general Sun Tzu once said that you should always leave your enemy a way out, so he does not become desperate and do some lasting damage. Like a animal, it must be shown that it has been defeated fairly, and let go to nurse it's wounds.
Slightly OT, I know, but would anyone be interested in building an open-source website mocking SCO? I already regged two good domain names, registrations lasting for two years (Which should coincide with the end of this case). What stuff should I put on it?
Top Story (Score:3, Interesting)
Re:Top Story (Score:3, Interesting)
A Fantastic Triumph for Stallman! (Score:3, Funny)
All this in a magazine like Forbes!
Holy crap and WOW! This might now be adopted by others in the press, and I love the "Linux Operating System Kernel" naming convention as a trade-off.
Wonderful. Now if only the Nobel committee would consider him and Torvalds for a Nobel Prize for sacrificing much of their lives for the sake of computing humanity's freedom, THEN we'll be getting somewhere.
Re:SCO -- looks like a delaying tactic to me (Score:5, Insightful)
Re:SCO (Score:5, Informative)
Nope, they're going after Andrew Morton, assigned maintainer of the 2.6 kernel and former(?) Digeo employee.
He's with OSDL now. I'm actually not sure about the "former" part of that statement, as he may be on sabbatical from Digeo.
Notice how they're not going after Alan Cox or Red Hat in the subpoenas? Looks like Red Hat's suit has given them some protection from SCO predation.
Re:preaching to the choir (Score:3, Informative)
Re:preaching to the choir (Score:2)
Re:um... (Score:2)
I'm just tired of supposed high quality journalism putting toghether sentences like that. I guess I thought it was obvious.
RMS wrote GNU? (Score:2)
I've often wondered about this... Obviously Linux woudn't be much use without GCC or the GNU C Library, but specifically which parts of "GNU/Linux" did RMS personally write? I know he wrote Emacs (and probably Info), but I don't use either of those. Really, which programs on a typical linux system, besides Emacs, were written by RMS?
Re:objective reporting at its finest (Score:3, Interesting)
1. Nope, not the clueless end users. Lots of stuff about that here [slashdot.org].
2. Nope, not the geeks. According to the
3. SCO is a bunch of sleazebags? Nope, no problem there. We've debated that point endlessly here.
4. Writing device drivers? I have to say, I haven't written a device driver in some time, but I have one or two stuck in the ol' code library. Next!
5. LARP games? Nope. Nerds and geeks (I'm repeating myse