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| Red Hat Reports to the Judge ... Again |
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Monday, March 27 2006 @ 01:28 PM EST
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Here's Red Hat's latest report [PDF] to the judge on how things are going in SCO v. IBM et al. If someone could do a text/HTML of the letter, I'd appreciate it. Also, note that the letter says that Novell is supposed to file its Answer to SCO's Second Amended Complaint today, but they actually have until April 10, thanks to a March 17, 2006 stipulation [PDF] we reported earlier. One can't help but discern a lack of concern on Red Hat's part at this stage about the details. This letter is dated March 27, 2006. It's more of the same, just keep sending in periodic letters, blah blah. Red Hat just announced the release of Fedora Core 5, which includes the following:
Among the new desktop applications in FC 5 are fruits of the open source Mono project, which include the Tomboy note-taking application, the F-spot digital photograph management tool and the Beagle desktop search tool.
FC 5 also enhances support in multimedia applications for Xiph.org codecs, adds OpenDocument support and improved PDF export capabilities through OpenOffice.org version 2.0.2 and includes support for AIGLX (Accelerated Indirect GLS) to enable GL-accelerated effects on a standard Linux desktop.
The latest versions of GNOME 2.14 and KDE 3.5.1 also bring other enhancements, the company says.
As Red Hat announced earlier this month, FC 5 also includes a preview of the open-source Xen virtualisation technology it plans to integrate into the next version of Red Hat Enterprise Linux. FC 5 uses version 3.0 of the Xen development branch, with support for 32-bit and 64-bit x86 hardware, and adds a guest install script to ease the setup of virtual machines.
And here, thanks to sjlilley and an anonymous volunteer, is the letter as text:
**************************
YOUNG CONAWAY STARGATT & TAYLOR, LLP
[address and phone numbers]
March 27, 2006
BY E-FILE
The Honorable Sue L. Robinson
United States District Court
[address]
Re: Red Hat, Inc. v. SCO Group, Inc.
Civil Action No. 03-772-SLR
Dear Chief Judge Robinson:
Pursuant to the Court's April 6, 2004 Order requesting a quarterly report on the status of various related litigation matters, Red Hat, Inc. ("Red Hat") submits this letter as an update to its previous letter, dated December 27, 2005. Although Red Hat is not a party to these other related cases, Red Hat offers the following summary based upon publicly available information.
1. SCO Group, Inc v. International Business Machines Corp.
On December 22, 2005, pursuant to the Court's July l, 2005 pre-trial management order, SCO filed a disclosure of material it claims was misused by IBM. The disclosure identified 293 technology disclosures purportedly reflecting the extent to which IBM disclosed methods, concepts, and code, from UNIX and UNIX-derived technologies. On February 13, 2006, IBM responded with a motion to limit SCO's claims relating to allegedly misused material, arguing that only ninety-three of these disclosures provided detail sufficient to identify the allegedly misused material (e.g., versions or line numbers), and requesting that the Court limit the scope of SCO's claims to these ninety-three items.
2. SCO Group, Inc. v. AutoZone. Inc.
Since the filing of our last letter to the Court, no significant activity has occurred in this case.
3. SCO v. Novell, Inc.
On December 30, 2005, SCO filed a motion for leave to file an amended complaint. Following the parties' stipulation to the filing of this amended pleading, and the Court's Order granting leave, a second amended complaint was filed on February 3, 2006. In addition to its original slander of title claim, the second amended complaint added four additional claims against Novell:
YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Honorable Sue L. Robinson
March 27, 2006
Page 2
- Breach of the Asset Purchase Agreement by making unauthorized distributions of UNIX;
- An alternative breach of contact claim seeking specific performance of its obligations under the Asset Purchase Agreement;
- Copyright infringement based on the unauthorized distribution of UNIX technology; and
- Unfair competition based on false claims of copyrights and ownership in UNIX, misappropriation of UNIX technology in Linux, and wrongful attempts to thwart SCO's claims
Novell's response to the amended complaint is due on March 27, 2006
Respectfully submitted,
[signature of Josy Ingersoll]
Josy W. Ingersoll (No. 1088)
JWI:cg
cc: Clerk of the Court (by CM/ECF and hand delivery)
Mark G. Matuschak, Esquire (by e-mail)
Michelle D. Miller, Esquire (by e-mail)
Stephen N. Zack, Esquire (by e-mail)
Jack B. Blumenfeld, Esquire (by e-mail and e-filing)
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| Authored by: Peter H. Salus on Monday, March 27 2006 @ 01:43 PM EST |
I love it! I envisage this legal office and
every three months a reminder says "Letter
to Judge Robinson in three days." So the
lawyer dictates for a few minutes, proofs
the result, prints it off onto letterhead,
signs, and sends it. No fuss, no muss.
Some decade it'll be over.
---
Peter H. Salus[ Reply to This | # ]
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| Authored by: Anonymous on Monday, March 27 2006 @ 01:49 PM EST |
Doesn't time fly when you're having fun...
I havn't quite decided if I'm being ironic or not.[ Reply to This | # ]
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| Authored by: Alan(UK) on Monday, March 27 2006 @ 02:08 PM EST |
| I would do the other one but I am no longer sure of the spelling. [ Reply to This | # ]
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- Vista.com investigated for insider trading - Authored by: stats_for_all on Monday, March 27 2006 @ 02:46 PM EST
- Groklaw used as a counter to the Economist! Way to go :) - Authored by: SilverWave on Monday, March 27 2006 @ 02:57 PM EST
- Connecticut Image Rights Bill - Authored by: kawabago on Monday, March 27 2006 @ 03:18 PM EST
- Cheerful Microsoft Refunds - Authored by: Anonymous on Monday, March 27 2006 @ 05:04 PM EST
- Redhat makes money from Linux, SCO loses money - Authored by: Anonymous on Monday, March 27 2006 @ 05:11 PM EST
- "SmartHouse A Big Hit" - David Richards - Tuesday, 28 March 2006 - Authored by: Brian S. on Monday, March 27 2006 @ 05:15 PM EST
- OT here please - Authored by: LaurenceTux on Monday, March 27 2006 @ 07:22 PM EST
- OT here please - Authored by: Anonymous on Tuesday, March 28 2006 @ 11:12 AM EST
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| Authored by: Anonymous on Monday, March 27 2006 @ 02:10 PM EST |
Red Hat continues to innovate (as well as incorporating the innovation from the
Open Source/Free Software community, with which it has a fairly good working
relationship), adding value to their distros over time.
SCOG continues to litigate, alienating their customers, potential customers,
partners, and the Open Source/Free Software community.
RHAT current Market Cap: 5.13B
SCOG current Market Cap: 86.08M
Now, I realize that Market Cap isn't everything, but in the world of business,
it's a decent indicator of what people think the companies are worth based on
their current operations, long term strategy, sales, etc. I think it speaks
volumes in this case.[ Reply to This | # ]
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- Not in this case - Authored by: Anonymous on Monday, March 27 2006 @ 04:23 PM EST
- Yes and no - Authored by: Anonymous on Tuesday, March 28 2006 @ 09:44 AM EST
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| Authored by: feldegast on Monday, March 27 2006 @ 02:22 PM EST |
So PJ can find them
---
IANAL
The above post is (C)Copyright 2006 and released under the Creative Commons
License Attribution-Noncommercial 2.0
P.J. has permission for commercial use[ Reply to This | # ]
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- Corrections Here - Authored by: Anonymous on Monday, March 27 2006 @ 06:14 PM EST
- Corrections Here - Authored by: Anonymous on Monday, March 27 2006 @ 06:50 PM EST
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| Authored by: Anonymous on Monday, March 27 2006 @ 03:22 PM EST |
I thought this is a Fedora Project distro?? I know Red Hat is a sponsor of
Fedora Project but the foundation is supposed to be independent. So how can Red
Hat release a Fedora Project product?[ Reply to This | # ]
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| Authored by: Anonymous on Monday, March 27 2006 @ 04:46 PM EST |
It's been commented here before (probably by Marbux) that knowing the law is
only an initial grounding for actually practising law.
And that involves speaking and understanding courtroom "code"
fluently.
Not being fluent, this is only a poor amateur attempt at translating of Red
Hat's letter:
Your Honor,
When our desk calendar reminded us that we had to send you a letter we needed to
hunt around for a while before we found someone who remembered who SCO were
(are?).
Eventually we found a particularly efficient paralegal who reads Groklaw, and
allowed him to spend five minutes summarising the current position of SCO's [Ed,
insert number here] outstanding legal cases.
We continue to take SCO's alleged case against us very seriously. [Ed, is
"seriously" too strong a word?]
Yours respectfully,
RedHat
[ Reply to This | # ]
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| Authored by: Yossarian on Monday, March 27 2006 @ 04:57 PM EST |
> One can't help but discern a lack of concern on
> Red Hat's part at this stage about the details.
It seems like Red Hat concluded that IBM will win and will
send SCO to a bankruptcy court. In such a case there is no
point filing the reports, aside from following the judge's
order.
I wonder if Red Hat's conclusion is based just on what we saw,
or if IBM showed Red Hat what SCO had filed under seal.[ Reply to This | # ]
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- Red Hat Reports to the Judge ... Again - Authored by: Steve Martin on Monday, March 27 2006 @ 06:24 PM EST
- Red Hat Reports to the Judge ... Again - Authored by: Yossarian on Monday, March 27 2006 @ 07:10 PM EST
- Red Hat Reports to the Judge ... Again - Authored by: PJ on Monday, March 27 2006 @ 07:21 PM EST
- Red Hat Reports to the Judge ... Again - Authored by: Yossarian on Monday, March 27 2006 @ 07:54 PM EST
- Red Hat Reports to the Judge ... Again - Authored by: Steve Martin on Monday, March 27 2006 @ 08:14 PM EST
- Seals - Authored by: Yossarian on Monday, March 27 2006 @ 08:27 PM EST
- Ummm.... - Authored by: Ed L. on Monday, March 27 2006 @ 08:44 PM EST
- Ummm.... - Authored by: Yossarian on Monday, March 27 2006 @ 08:50 PM EST
- Ummm.... - Authored by: Ed L. on Monday, March 27 2006 @ 09:27 PM EST
- Ummm.... - Authored by: Steve Martin on Monday, March 27 2006 @ 09:39 PM EST
- Ummm.... - Authored by: Yossarian on Monday, March 27 2006 @ 09:54 PM EST
- Ummm.... - Authored by: stend on Monday, March 27 2006 @ 10:59 PM EST
- Ummm.... - Authored by: Anonymous on Tuesday, March 28 2006 @ 02:12 PM EST
- Ummm.... - Authored by: Anonymous on Friday, March 31 2006 @ 09:52 AM EST
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| Authored by: Anonymous on Tuesday, March 28 2006 @ 05:18 AM EST |
Given that M$ have already confessed to the fact that they didn't really
understand what they were trying to acheive with .net and have essentially
quietly dropped it
Why on earth does anybody think a bloated CPU hogging lump called mono is a good
thing for Unix type systems.
First thing I have to do on SUSE10 is kill the stoopid beagle thing so I can get
my CPU back.
[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 29 2006 @ 02:43 PM EST |
The last statement in that letter was that Novell was to
respond on March 27. Has that response shown up anywhere yet?
[ Reply to This | # ]
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