Nasdaq about to delist SCO (Old news?)

[Alex Beamish]

On Wed, 23 Feb 2005 10:10:57 -0500 (EST), Chris F.A. Johnson
<cfaj-uVmiyxGBW52XDw4h08c5KA at public.gmane.org> wrote:
> On Wed, 23 Feb 2005, Alex Beamish wrote:
> 
> > Date: Wed, 23 Feb 2005 10:01:38 -0500
> > From: Alex Beamish <talexb-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org>
> > Reply-To: tlug-lxSQFCZeNF4 at public.gmane.org
> > To: tlug-lxSQFCZeNF4 at public.gmane.org
> > Subject: Re: [TLUG]: Nasdaq about to delist SCO (Old news?)
> >
> > On Wed, 23 Feb 2005 07:55:40 -0500, Teddy Mills <teddymills-VFlxZYho3OA at public.gmane.org> wrote:
> >> http://www.linuxinsider.com/rsstory/40710.html
> >
> > ??
> >
> > This was news six days ago:
> >
> >  http://www.groklaw.net/article.php?story=20050217102444119
> >
> > The recent quote on the whole SCO Group/IBM matter that I like is from
> >
> >  http://www.sltrib.com/business/ci_2578572
> 
>     The article quotes Rob Enderle; doesn't that automatically make it
>     suspect?

Being as Mr. Enderle was not being quoted for comic relief, I agree,
the article may be tainted.

>     Among other things, Enderle says:
> 
>             Ultimately, SCO "needs IBM's records and IBM has been
>             doing everything not to supply them. That, to me at least,
>             would indicate there is something there to find."

That's one way to read it. Another way would be that the judge is
already leaning towards throwing out the case, but if he doesn't order
IBM to turn over the mountain of evidence that SCO wants (and IBM has
agreed to provide[1]), it's likely SCO will appeal and win on that
point.

I still think it's a stalling tactic .. SCO has to prove that a) they
own UNIX and b) there is UNIX code in Linux, in order to succeed with
any action. Neither of these claims appear to have merit.

And because a judge orders discovery, this suggests that there's
something there to find? That's a leap of faith. There may be
something there, but frankly, I doubt it.

Alex


Footnotes:

1. http://www.groklaw.net/article.php?story=20050217020408658 : relevant part is

------------------------------
Preliminary Statement

The Order requires among other things, that IBM produce (1) CMVC and
RCS data relating to IBM's AIX and Dynix operating systems (Order at
10); and (2) documents from the 3,000 "individuals who made the most
contributions and changes to the development of AIX and Dynix"
(collectively here, the "Ordered Production") (Id. at 16).

IBM does not seek the reconsideration of the portion of the Order
requiring IBM to produce AIX and Dynix material from CMVC and RCS.(2)
IBM does not seek reconsideration of the portion of the Order
requiring it to identify the individuals who made the most
contributions and changes to AIX and Dynix and to identify the changes
they made to AIX and Dynix, insofar as this information is available
in CMVC and RCS. And IBM does not seek reconsideration of the Order
insofar as it requires IBM to undertake a reasonable search (i.e. the
files of 40-50 individuals) for white papers and design documents not
found in CMVC or RCS.
------------------------------
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