SCO Found No Source Code In 2004 154
doperative writes "A consultant hired by SCO in 2004 to compare UNIX and Linux, with the thought he could be used as an expert at trial, says that, after days and days, his comparison tool found 'very little correlation'. When he told that to SCO, it paid him and he never heard from SCO again."
Isn't that what the Linux community said all along (Score:5, Insightful)
No real surprise there, just verification. SCO got itself in a tight spot financially and was looking for a scapegoat, with many SCO contributors moving to linux at the time linux made it convenient to blame, the backing of big companies contributing to Linux made them perfect target to get money. Their entire case was based on the theory that if people who used to work on SCO were now working on Linux then they must copied code...it sounded feasible to them and I assume their hope was that it would be seen feasible enough to slip through without much investigation.
Re:wow, a SCO story? (Score:5, Insightful)
So, my head is spinning, because what I'm thinking is: does this demonstrate that SCO knew there was no basis for their copyright infringement claims against IBM, Novell, AutoZone, and the world, at least by 2004? We'd have to do discovery on the matter to know for sure, but if they deliberately buried evidence, I would imagine it could impact damages due to SCO's victims, not just from SCO but conceivably from SCO's lawyers as well, should it be established that the litigation was frivolous and SCO knew it way back in 2004. I'm sure SCO's lawyers will have a long song and dance about it to deny it all, but it's certainly a huge red flag to me.
Re:wow, a SCO story? (Score:4, Insightful)
Re:wow, a SCO story? (Score:2, Insightful)
Argument from ignorance fallacy (Score:4, Insightful)
Read this part to understand why it is still relevent (there are, after all, still cases pending):
So, my head is spinning, because what I'm thinking is: does this demonstrate that SCO knew there was no basis for their copyright infringement claims...
It does not.
"Argument from ignorance, also known as argumentum ad ignorantiam or appeal to ignorance, is an informal logical fallacy. It asserts that a proposition is necessarily true because it has not been proven false (or vice versa). This represents a type of false dichotomy in that it excludes a third option, which is: there is insufficient investigation and therefore insufficient information to "prove" the proposition to be either true or false. Nor does it allow the admission that the choices may in fact not be two (true or false), but may be as many as four; with (3) being unknown between true or false; and (4) being unknowable (among the first three). And finally, any action taken, based upon such a pseudo "proof" is fallaciously valid, that is, it is being asserted to be valid based upon a fallacy.[1] In debates, appeals to ignorance are sometimes used to shift the burden of proof."
http://en.wikipedia.org/wiki/Argument_from_ignorance [wikipedia.org]
This has been known all along (Score:4, Insightful)
It seems mighty obvious that SCO's lawsuits aimed to drain Open Source company and community resources, and to spread FUD about the IP status of Open Source code. SCO knew all along that there was no way it could win, as even their own experts were telling them so, yet they went on for years and years fighting a fight that couldn't be won. That goes against the basic formula of a copyright/patent troll, because in those cases the driving motivator is profit, and lack thereof means there's no point to keep going.
As SCO's first lawsuit was against Microsoft, who immediately settled for millions, my tinfoil headgear is picking up some very suspicious signals...
Re:Wonder why he didn't speak up sooner? (Score:3, Insightful)
It's only wise to expose criminal conduct when you hare irrefutable proof of such. SCO could just as easily argue that he was incompetent at his job, and then pursue him for violating a NDA. And given that his statement is such a blow to their case, I think we can all reasonably expect them to do so.
This is not uncommon or unethical. (Score:4, Insightful)
The key thing to remember here is that different experts legitimately have different opinions and there is nothing inherently unethical about this process.
BTW what is up with