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International Business Machines Corporation Message Board

  • r16cobal r16cobal Dec 3, 2008 5:36 PM Flag

    Will IBM be liable for $$$ Billions?

    If you've been following the SCO vs. IBM case over the past five years you would think that it is dead and gone. SCO sued IBM for somewhere around $5 BILLION for breach of contract claiming that IBM had given away proprietary software code of SCO's UNIX OS to the Linux community thereby helping Linux to be more enterprise ready. The case has languished in the courts, side-tracked by a slander-of-title lawsuit with Novell, an IBM partner but just last week was given new life by going to the 10th Circuit Court of Appeals.

    While I've always read the media news of this story to be a slam dunk in IBM's favor, after further investigation I'm beginning to wonder if IBM is going to have a serious problem on their hands soon. If you look at IBM's own documents that have shown up on SCO's website, (http://www.sco.com/company/legal/update/) it appears that IBM indeed does claim that Linux is a derivative of UNIX, contrary to everything they've said publicly. I'm curious to see this to its conclusion, but it appears that IBM is in for a longer fight than they thought.

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    • Cricket.Wav chirps
      "I will give him Silver....Here’s Bob.”

      My Great Master, "Sleepy" Bob Silver is Boies's boy whose job it is to accept client cases. Are you saying Bob Silver was in Sam's pocket all along? The Boies engagement was entirely an IBM side-show to market Linux in a "sucess-de-scandale"?

      While that explains the spectacularly incompetent lawyering of Silver, Gant, et.al., it does beggar the imagination to believe the Boies engagement was an IBM set-up to deadly sabotage SCO with its very own lawyers?

      Does this mean Brent O. Hatch will have to shoulder the appeal solo? What about our man, Kevin?

      The carcasses are ripening nicely.

      Best Wishes,
      Roost

      P. Jones in the arms of Neenah today. Are you surprised?

    • People, is this really a problem that a bunch of big blue's blue border ads cant fix?

    • Master WaCru reads the entrails: >>
      "SlamPam is already crowing that the war is over but don't count out DMac. SlamPam has severely miscalulated him on multiple occasions. The dude can take a lot of punches and not go down. SunTzu would be proud."

      DaMac has shown unique and epic leadership. He has taken SCO in a direction few others can contemplate.

      He is performing a highwire act without a net; is he completely mad or annointed by the angels? I will leave that question to the elders.

      BUT, WaCru riddle me this: The sole announced policy change of the new money investment (Norris, et.al.) was the replacement of Mssr. DaMac. How should I read that, Norris' gambit was a settlement trial with IBM?

      Should I interpret the renewed reliance on DaMac as meaning the settlement is a tasty vulture dish?

      Again, Riddle me this: The Cattleback patent ended up in IBM's hands in a clever proxy deal. That Cattleback money is the only thing keeping SCO from the poorhouse. Was the Cattleback deal a downpayment on a settlement where IBM caved in?

      The renewed hostility to IBM means the Cattleback schema is a carcass. N'est pas.

      This vulture's beady, shifty eyes glint in anticipation.

      Regards,
      Roost

    • Wavey Gravey,
      Your line of argument can be summarized:
      1. Symantec employees were used at the behest of IBM's CEO in an attempt to influence a judge.
      2. The judge's clerk is involved in another independent effort to influence the case.
      3. A member of the IBM inner circle defected and is revealing secrets stretching over 5 1/2 years.
      4. These charges will rescue SCO from its imminent final collapse.
      5. You did not invent this story, but Necessity held you in her loving arms.

      Did I miss anything?

      Regards,
      Roost

    • WaCru,

      Your concept: The clever and agile samurai (SCO) is engaged in a battle with the hidebound lumbering giant, IBM.

      Your "grasshopper" response echos the greatest Kung Fu film of all time, and now you pose a series of zen koans. You remain wise and inscrutable, possessing hidden knowledge, dispassionate, above the fray, ready to pounce when the time is auspicious.

      Your Business as Zen Battle concept has some value; SCO has perfected the art of the weapon of "nothingness" against an army of hard-bitten empiricists shouting "Show Me the Code".

      My criticism: Kung Fu movies and some overworked koans don't really confirm to me that you possess the deep Asian wisdom to complete the task.

      Have you really studied with the masters? Sat zazen in Kyoto? What about experience?

    • WC wrote:
      "Did we ever figure out who picked up the tab for dinner that night?"

      Your message thread is the first I have ever heard of this dinner meeting, so I would not know. When did this dinner occur, summer of 2007?

      I believe you could investigate with the establishment.
      First, I would drop by the restaraunt to determine if the judge is a regular visitor. If you provide a few more details (name, location) I would be glad to help, vultures are remarkably welcome in most dining establishments.

      Remember waiters live on tips, so are glad to tip for tips.

    • You are claiming that some unnamed second son caged a dinner meeting with a federal judge. That dinner somehow influenced a case not yet brought to trial.

      Your claim runs orthogonally to the one made by Maureen O'Gara that the judge was influenced by his clerk's prejudices and friendships.

      Two opposing stories, what am I supposed to think?

    • Why the animus towards Symantec?

      Does this relate to the unceremonius removal of Ralph Yarro and Darcy Mott from the Altiris board?

      Are you rehashing old business grievances on a Y message board?

    • So... Is this Daryl McClied himself posting on the IBM chat boards these days? Sad...

      SCO has lost every round of everything they have done.

    • johnbardo@ymail.com johnbardo Dec 4, 2008 11:56 PM Flag

      The risk seems minimal. IBM will win this or the cost will be low. Linux was developed independently of Unix; they are the not the same software.

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