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A Day Off
Thursday, December 25 2003 @ 11:01 AM EST

Just letting the Groklaw addicts know that I am forcing myself to take the day off today. (Yes, I'm addicted too.) Meanwhile, to keep us from withdrawal symptoms, here is something funny, in legalese, no less, on a site written by law students.


  


A Day Off | 87 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
A Day Off
Authored by: Anonymous on Thursday, December 25 2003 @ 11:17 AM EST
And well deserved!

/S/ Joe

[ Reply to This | # ]

  • A Day Off? - Authored by: Anonymous on Thursday, December 25 2003 @ 11:48 AM EST
A Day Off
Authored by: SkArcher on Thursday, December 25 2003 @ 11:20 AM EST
Merry Christmas to all!

[ Reply to This | # ]

A Day Off
Authored by: brenda banks on Thursday, December 25 2003 @ 11:21 AM EST
Merry Christams to All

---
br3n

[ Reply to This | # ]

  • A Day Off - Authored by: rand on Thursday, December 25 2003 @ 11:48 AM EST
A Day Off
Authored by: Anonymous on Thursday, December 25 2003 @ 11:39 AM EST
I'm not going to reply to this, 'cause I'm not the kind of geek that would be browsing Groklaw on Christmas day...

...oh, wait...

[ Reply to This | # ]

A Day Off
Authored by: plungermonkey on Thursday, December 25 2003 @ 11:56 AM EST
Happy Holidays PJ! And thanks again for the invaluable service you have provided
the community et al. You are indeed a treasure.

---
An ignorant person knows no better, a studid person knows better and still does
what is wrong. Which one are you?

[ Reply to This | # ]

Best Paragraph...
Authored by: James on Thursday, December 25 2003 @ 12:08 PM EST
Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter "the Deer"). (Upon information and belief, it is further asserted that an additional co- conspirator named "Rudolph" may have been involved.)

Very funny PJ, thanks. Merry Christmas to all, even SCO. God knows it may be their last...

[ Reply to This | # ]

A Day Off
Authored by: Anonymous on Thursday, December 25 2003 @ 12:08 PM EST
Merry Christmas to all Grokkers, including, but not limited to, PJ a.k.a. Pamela
Jones.

May all your wishes come true.

---
In matters of style, swim with the current, in matters of principle, stand like
a rock.
--Thomas Jefferson

[ Reply to This | # ]

A Day Off
Authored by: Kai on Thursday, December 25 2003 @ 12:28 PM EST
Here in Broome, Western Australia the time is 01:35 on the 26th of December, I
wish all readers a great Christmas and a pleasant new year !

PJ, you've done a great job and your work is awesome, well done !

[ Reply to This | # ]

Was SCO lying about the Linux licenses?
Authored by: ra on Thursday, December 25 2003 @ 12:28 PM EST
SCO announced that they had 10.3 million in SCO source revenue. 8.0 from
Microsoft, 2.3 from Sun. What about the Linux license they sold in early
August?

I find this an interesting lie because this is not an example of stretching the
truth or non-techies not knowing any better.

Boies gets regular payments plus a contingency fee: SCO calls it a contingency
arrangement.

Someone went to the MIT summer camp: SCO says MIT rockets scientists have
analyzed the code

Millions of lines of code are in Linux in violation of SCO's new (and bizarre)
reading of its contracts: SCO claims millions of lines violate SCO's
"IP", and since "IP" includes copyrights, using Linux is
a copyright infringment

Nobody buys a license: SCO announces that someone, not Sun or MS, has bought a
license for a substantial amount of money.

See the difference? The last one is a flat cynical deliberate lie, repeated
dozens of times as a matter of corporate policy. That's not an exaggeration or
a misunderstanding. That's over the line between misleading and flat out
lying.

Anyway,

If anyone remembers close to exact words from the conference, that determines
how much wiggle room SCO has left.

I am going to send emails (of course polite) to every reporter/analyst I can
find who has covered that claim with a long list of quotes from SCO and a link
to the 8-K.

I'll make my list available for anyone who want to do the same or add to it.

I expect that at least one will put the question to SCO directly, and get a
direct yes or no to the question:

SCO claimed many times to have sold on Linux license in early August and
additional ones later. SCO specifically claimed that the license was not sold to
Sun or Microsoft. Did SCO sell a Linux license in early August or not?

[ Reply to This | # ]

A Day Off is tough for an addict, so happy
Authored by: webster on Thursday, December 25 2003 @ 12:32 PM EST
....holidays to all including the McBride brothers. btw I was working on the 12
days of a SCO Christmas but failed. Any help out there?

On the first day of Christmas my true SCO gave to me...
....One golden preferred stock certificate with settlement veto.

Ont the second day...

---
webster

Recent Windows refugee

[ Reply to This | # ]

A Day Off
Authored by: bbaston on Thursday, December 25 2003 @ 12:40 PM EST
Uhh-Oh!

Your referenced material appears to be a derivative of an earlier article, which
is copyrighted. Was it copied in violation of the DCMA?

The clothes worn by Claus are trademarked, except for the nose (which might also
be derivative and wouldn't fit on the application).

Until the party of the first part revealed it, Claus's entry method WAS a trade
secret.

That wasn't Rudolph, who is the patent holder of the REDNOSE navigation system.
The patent violator appears to be Randolf, owner of a former Hotel near the
Rialto Theator (and a resident of El Dorado).

This is Christmas -- I better take the day off too.
"Merry Christmas to all..."

---
Ben B
-------------
IMBW, IANAL2, IMHO, IAVO,
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold,

[ Reply to This | # ]

Additional Humour...
Authored by: SteveS on Thursday, December 25 2003 @ 12:57 PM EST
You can review "Coyote V Acme" ref'd on PJ's above link Here
http://www.lectlaw.com/files/fun13.htm

enjoy!
Steve

[ Reply to This | # ]

A Day Off
Authored by: ExcludedMiddle on Thursday, December 25 2003 @ 12:57 PM EST
And a Happy Chanukkah to all as well!

PJ, again, thanks. Enjoy time off! Let SCO sweat for a while, about what they
need to provide in a matter of days.

[ Reply to This | # ]

Merry Christmas!!!
Authored by: OK on Thursday, December 25 2003 @ 01:18 PM EST
Merry Christmas to everybody! And another great THANKS to PJ.

[ Reply to This | # ]

A Day Off
Authored by: Waterman on Thursday, December 25 2003 @ 01:54 PM EST
Merry Christmas everyone!


May next year put an end to this SCO madness.

[ Reply to This | # ]

Just chekin' in...
Authored by: Anonymous on Thursday, December 25 2003 @ 01:56 PM EST
... during a lull in the process of making our Christmas
Dinner (a cliche' vegan organic bean and lentil roast, of
course) to make sure you weren't doing anything silly like
*working* 'today'. ;-)

Hope you're having a nice, relaxing day. Make the most of
it!

Happy Yuletide/Christmas,
Grok on.

-cybervegan

[ Reply to This | # ]

Food, glorious food. But don't overdo it.
Authored by: freeio on Thursday, December 25 2003 @ 01:58 PM EST
Food, glorious food,
I'm anxious to try it.
Three banquets a day,
my favorite diet.
(from the musical "Oliver")

Merry Christmas to all y'all, from way down south in Dixie.

---
73 de w4ti

[ Reply to This | # ]

Santa Shell
Authored by: dentonj on Thursday, December 25 2003 @ 03:43 PM EST
This was posted on a mailing list I'm on:

santa claus < north pole > town

better !pout !cry
better watchout
echo $why
santa claus < north pole > town

cat /etc/passwd > list
ncheck list
ncheck list
cat list | grep naughty > nogiftlist
cat list | grep nice > giftlist
santa claus < north pole > town

who | grep sleeping
who | grep awake
who | grep bad || good
for (goodness sake) {
be good
}

[ Reply to This | # ]

  • Santa Shell - Authored by: SkArcher on Thursday, December 25 2003 @ 04:31 PM EST
  • Santa Shell - Authored by: Anonymous on Thursday, December 25 2003 @ 11:07 PM EST
A Day Off
Authored by: Glenn on Thursday, December 25 2003 @ 03:59 PM EST
To PJ and all of the other Groklaw denizems, a Merry Christmas and one more
very happy new year.
I am even wishing SCOG to have one more (but just one) new year's day.

Glenn

[ Reply to This | # ]

A Day Off
Authored by: JMonroy on Thursday, December 25 2003 @ 04:19 PM EST
A Merry Christmas, Channukah, Kwaanzaa, Feliz Navidad, and all the other one's I missed, to all!!!

From the SF Bay Area Peninsula - where it's a balmy 60 degrees at the start of winter - 3 cheers to Pamela Jones! I'd love to hear the weather conditions in other parts of the world :-)

[ Reply to This | # ]

  • A Day Off - Authored by: fb on Thursday, December 25 2003 @ 04:40 PM EST
  • A Day Off - Authored by: snorpus on Thursday, December 25 2003 @ 04:55 PM EST
  • A Day Off - Authored by: wayne1932 on Thursday, December 25 2003 @ 05:28 PM EST
  • A Day Off - Authored by: ram on Thursday, December 25 2003 @ 06:05 PM EST
  • A Day Off - Authored by: Anonymous on Thursday, December 25 2003 @ 08:06 PM EST
  • A Day Off - Authored by: AlleyOooop on Thursday, December 25 2003 @ 09:05 PM EST
  • A Day Off - Authored by: Anonymous on Thursday, December 25 2003 @ 11:04 PM EST
    • A Day Off - Authored by: Newsome on Friday, December 26 2003 @ 01:00 AM EST
    • A Day Off - Authored by: Anonymous on Friday, December 26 2003 @ 04:02 PM EST
  • A Day Off - Authored by: eggplant37 on Friday, December 26 2003 @ 12:14 AM EST
  • A Day Off - weather report - Authored by: rc on Friday, December 26 2003 @ 12:07 PM EST
A Day Off
Authored by: Anonymous on Thursday, December 25 2003 @ 04:55 PM EST
Ho! Ho!! Ho !!!!
Happy holidays to all and, especially, PJ.
Read all this tomorrow, or even later, we love you and take some rest.

[ Reply to This | # ]

being addicted
Authored by: Anonymous on Thursday, December 25 2003 @ 06:54 PM EST
It's funny being called 'addicted' to groklaw, I actually check this site
atleast 6 times a day... and that's on a saturday and sunday. I could blame it
on me being an IRC junkie/beta tester that just doesn't use his time wisely but
I won't... it's the great information PJ puts out... YES, I'M BLAMING YOU!
:+P

keep up the good work so i could stay addicted.

[ Reply to This | # ]

A Day Off
Authored by: skuggi on Thursday, December 25 2003 @ 07:31 PM EST
Meeeerrry Christmas! Ho Ho Ho!

-Skuggi

[ Reply to This | # ]

A Day Off
Authored by: skuggi on Thursday, December 25 2003 @ 07:56 PM EST
Here in Taiwan it is 16°C and Haze.
I would like to have a little snow at this time of year
but I guess I am wishing for way to much, :)

-Skuggi.

[ Reply to This | # ]

Merry $ to all
Authored by: Scriptwriter on Thursday, December 25 2003 @ 08:32 PM EST
Christmas being my winter holiday of choice, and the spirit of Christmas
including peace on earth and good will toward men, I want to wish everyone a
merry and peaceful Christmas. Even if you don't believe in Christmas. In fact,
all the more then.

And that goes for everyone at The SCO group as well. In the spirit of
benevolence and brotherhood, I hope The Darl and his posse all had a fine day
with their families, and a chance to relax and enjoy the spirit of the season.

Heaven knows they need a break, what with what's coming up. :)

Merry Christmas from Seattle, where it's 43 degrees and no snow as far as you
can see.

---
The clock is ticking, SCO. January 11th. Tick. Tock. Tick. Tock.

irc.fdfnet.net #groklaw

[ Reply to This | # ]

SCO Under the tree...
Authored by: kberrien on Thursday, December 25 2003 @ 09:28 PM EST
Well, no SCO IP for Linux license under the tree for me. I heard they were
really hard to get in the stores though.

Happy Holidays!

[ Reply to This | # ]

A Day Off
Authored by: Anonymous on Thursday, December 25 2003 @ 10:45 PM EST
What??? No SCO news today?? Aaggh... I'm having withdrawal, no...
noooooooooooooooo.....

shaking, cold... so cold..... must... have... f f fix....

[ Reply to This | # ]

A Day Off
Authored by: James on Friday, December 26 2003 @ 12:40 AM EST
According to my trusty Gnome weather panel applet, it's 36F here in Misery (I
mean Missouri...)

[ Reply to This | # ]

The Dialectic of Darl
Authored by: radicimo on Friday, December 26 2003 @ 04:18 AM EST
Got back from Christmas dinner, and one thing led to another whereupon I ended
up on the Yahoo! SCOX board deconstructing one of Darl's most recent arguments.
I think it is actually a very worthwhile exercise to explore the logical
fallacies in the arguments presented by TSG. No better way to fight FUD than
through reasoned argument.

See also www.fallacyfiles.org.

--

Here's a quote from Darl in the Groklaw quote database:

"The world, especially here in America, is shifting to one that is an
information society," McBride said. "In the future, is that $229
billion in software still going to be there? Or in the case of the Free Software
Foundation's goal, is proprietary software going to go away?"
[ www.infoworld.com/article/03/11/19/HNgplthreatens_1.html ]

Here's my dialectical analysis of Darl's argument. I will accept the
following as facts, for the sake of simplicity:
1. The worldwide software market is $229 billion (presumably yearly).
2. Richard Stallman (RMS) is indeed anti- proprietary software.

Set up as a conterfeit position in the extreme beliefs of RMS, Darl's straw man
is constructed something like this:
A. RMS believes that proprietary software is bad.
B. RMS (and the FSF) is a prominent member of group "open source
advocates".
C. The success of open source software would lead to the eventual demise of all
global revenue derived from software.
D. The demise of all global software revenue would be devastating to the global
economy.
E. Therefore anyone who cares for the economic future of the world would be
against open source and for proprietary software.

Ignoring for a moment the sub-fallacies in Darl's argument, he is still
advancing a straw man that leads from RMS abhorrance of proprietary software to
global economic upheaval. This straw man position counterfeits the central
argument that copyright holders of code contained in Linux have every right to
license their code according to terms that they specify, such as the GPL.

Unfortunately for Darl, his straw man argument itself is built on a few
additional fallacies:

B. The argument that RMS position vis a vis proprietary software is
characteristic of all advocates of open source is incorrect. Anyone who
understands the distinctions between RMS's and ESR's positions regarding
software knows this to be true. RMS is an unrepresentative member of group open
source (extreme and thus easier to attack). RMS wouldn't even place himself in
any such group.

C. Any conclusion that $229 billion in worldwide software revenue is all license
fees is likely to be wrong. Revenue derived from software is also composed of
services and support revenues: installation and technical support, but also
more lucrative streams such as contract programming (ref. former Cygnus
component of Red Hat). OS revenue is also likely to be a small slice of this
$229B.

Once you recognize software revenue is more complex than sales of licenses it's
quite easy to understand what the real issue here might be. Operating systems
software is in the process of being commoditized. Businesses who previously
relied upon OS licensing revenue are fighting tooth and nail to maintain their
franchises and the exhorbitant margins that accompany them.

D. The world does not owe McBride (or Gates) a franchise to sell OS software
for 90% margin. Indeed the world seems to be moving in the direction of
hastening their demise. In the developing world the greatest cost of software
ownership is bound to be the license fee. If you can pay an Indian (Chinese,
Brazilian, etc.) programmer $X/hr to customize an open-source application, who
benefits? I'd say the programmer and the locality in which he resides benefit
the most. From a global economic perspective the shift towards Linux and open
source is beneficial because it hastens the spread of knowledge, wealth, and the
information society itself.

If the OS layer is commoditized, money will be diverted from the pockets of the
rich (Gates and Yarro) and go into the pockets of the poor. That is subtext
behind Darl McBride's argument, which I believe I have just successfully
deconstructed.

[ Reply to This | # ]

Novell fixes SCO's wagon
Authored by: Jadeclaw on Friday, December 26 2003 @ 06:20 AM EST
Just found on The Inquirer:
Novell fixes SCO's wagon
The author analyzes SCO's DMCA threats in view of Novell's attempt to register multiple copyrights for quite an amount of Unix-stuff and asks:
Might Darl McBride face prison time?

---
---------------------------
include('IANAL.php');
---------------------------

[ Reply to This | # ]

Clause and Linux
Authored by: Anonymous on Friday, December 26 2003 @ 08:32 AM EST
Clause better watch out that rudolph navagation system is probably running on
embedded linux. If SCO finds out Darl will make the Grinch look weak by
comparison. Indeed I have it on good authourity that that red suit indicates
that said Clause is a communist supporting linux. The long hair and beard also
call into question the substance that is really in his pipe. You know those
linux users are really of questionable character anyway.

Merry Christmas All

[ Reply to This | # ]

Comcast Cable
Authored by: Jadeclaw on Friday, December 26 2003 @ 08:46 AM EST
Luckily, Telekom/T-Online DSL is completely unrestricted, except sending Spam or
connecting a porn-server to that wire.
But it is a reminder, of what can happen, when a greedy monopolist doesn't get
regulated and the customers have no choice.
I have a choice here and when my current ISP starts something like this, they
can kiss my ass...
Fried Comcast-users have my sympathy here.


---
---------------------------
include('IANAL.php');
---------------------------

[ Reply to This | # ]

A Day Off
Authored by: Anonymous on Friday, December 26 2003 @ 10:39 AM EST
Since there never actually was a christ and X-Mas is not in fact real, I still
wish everyone a merry shopping day.

[ Reply to This | # ]

A Day Off
Authored by: Anonymous on Friday, December 26 2003 @ 12:36 PM EST
A day off? Does this mean the Groklaw 2004 16-month calendar featuring PJ will
be delayed?

Say it ain't so!

[ Reply to This | # ]

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