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To read comments to this article, go here
More Stupid Lawsuits - Wallace v GPL
Friday, June 17 2005 @ 10:18 PM EDT

So now SCO is outsourcing its nuisance lawsuits? I know what you're thinking, but no, this is about Daniel Wallace who has now filed another lawsuit, this one against IBM, Red Hat and Novell. What a coincidence. Just like SCO.

It seems the big bad GPL is making it hard for this retired person to make a living in the future.

And he's pro se, natch. And I'm *sure* no one who is an attorney is behind the scenes egging him on or anything. With Microsoft hiding behind SCO, this whole puppet show is getting so complex. So, here are all the filings that matter, if the lawsuit even matters, all PDFs. Sometimes they download fine and sometimes they don't. I don't know why. If someone can fix that, it'd be wonderful. If not, here's the courthouse, for those with Pacer accounts. I notice on the docket sheet the magistrate judge offers to handle the thing:



Here's Wallace's most recent amended complaint [PDF] against the Free Software Foundation, which had the gall to come up with a license a lot of people like to use for their software, which they wrote and which they own and on which they hold the copyrights and therefore the right to use a license they like.

And here's the docket sheet for the litigation against IBM, Red Hat and Novell, which is too stupid to write about in detail, frankly. I'm only writing about it all, after ignoring it all, because I now suspect this is not just a coincidence and that the new strategy is to use pro se "lone gunmen", so to speak, to annoy and intimidate SCO's opponents. I now believe it because only SCO's friends are talking about the new lawsuits. This one was filed in May, and silence. I waited to see who would write about it, and sure enough I've seen only SCO supporters trying to spread the word. Discovery on this flurry of litigation should be enjoyable and revealing. Puppet strings tend to show in daylight.

Here's what has happened so far:

U.S. District Court
Southern District of Indiana (Indianapolis)
CIVIL DOCKET FOR CASE #: 1:05-cv-00678-SEB-VSS

WALLACE v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al
Assigned to: Judge Sarah Evans Barker
Referred to: Magistrate Judge V. Sue Shields
Cause: 28:1337 Sherman-Clayton Act
Date Filed: 05/09/2005
Jury Demand: None
Nature of Suit: 410 Anti-Trust
Jurisdiction: Federal Question
Plaintiff
DANIEL WALLACE represented by DANIEL WALLACE
[address]
PRO SE

V.

Defendant

INTERNATIONAL BUSINESS MACHINES CORPORATION represented by Kendall H. Millard
BARNES & THORNBURG
[address, phone, fax, email]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
RED HAT INC. represented by Curtis W. McCauley
ICE MILLER
[address, phone, fax, email]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip A. Whistler
ICE MILLER
[address, phone, fax, email]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
NOVELL, INC. represented by Curtis W. McCauley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip A. Whistler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed -- # -- Docket Text

05/09/2005 - 1 - COMPLAINT against Defendants, INTERNATIONAL BUSINESS MACHINES CORPORATION, RED HAT INC., NOVELL, INC. , filed by Plaintiff, DANIEL WALLACE. (Attachments: # 1 Affidavit)(PG, ) (Entered: 05/09/2005)

05/09/2005- 2 - MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (PG, ) (Entered: 05/09/2005)

05/09/2005- 3 - Summons Issued as to Defendant, INTERNATIONAL BUSINESS MACHINES CORPORATION, RED HAT INC., NOVELL, INC. (PG, ) (Entered: 05/09/2005)

05/09/2005 - 4 - RECEIPT #108 1448 in the amount of $ 250.00 for filing fee. (PG, ) (Entered: 05/09/2005)

05/24/2005 - 5 - RETURN of Service by CMRRR by DANIEL WALLACE. INTERNATIONAL BUSINESS MACHINES CORPORATION served on 5/12/2005; RED HAT INC. served on 5/12/2005; NOVELL, INC. served on 5/15/2005. (MAC, ) (Entered: 05/24/2005)

05/25/2005 - 6 - NOTICE of Appearance by Philip A. Whistler on behalf of RED HAT INC. (Whistler, Philip) (Entered: 05/25/2005)

05/25/2005 - 7 - NOTICE of Appearance by Curtis W. McCauley on behalf of RED HAT INC. (McCauley, Curtis) (Entered: 05/25/2005)

05/25/2005 - 8 - NOTICE of Parties' First Extension of Time by RED HAT INC. (Whistler, Philip) (Entered: 05/25/2005)

05/27/2005- 9 - NOTICE of Appearance by Kendall H. Millard on behalf of INTERNATIONAL BUSINESS MACHINES CORPORATION (Millard, Kendall) (Entered: 05/27/2005)

05/27/2005 - 10- NOTICE of Parties' First Extension of Time by INTERNATIONAL BUSINESS MACHINES CORPORATION (Millard, Kendall) (Entered: 05/27/2005)

06/06/2005 - 11 - NOTICE of Appearance by Philip A. Whistler on behalf of NOVELL, INC. (Whistler, Philip) (Entered: 06/06/2005)

06/06/2005 - 12 - NOTICE of Appearance by Curtis W. McCauley on behalf of NOVELL, INC. (McCauley, Curtis) (Entered: 06/06/2005)

06/06/2005 - 13 - NOTICE of Parties' First Extension of Time by NOVELL, INC. (McCauley, Curtis) (Entered: 06/06/2005)

Case #: 1:05-cv-00678-SEB-VSS


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