decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


To read comments to this article, go here
The Redacted Marc Rochkind Declaration
Thursday, April 20 2006 @ 02:28 PM EDT

Here it is. The Declaration of Marc Rochkind [PDF], the redacted version. They hired him in May of 2005. That means he knows who the folks are who are paying him and what they stand for. By then, the Canopy-Noorda lawsuit had happened, SCO had claimed the GPL was unconstitutional and written to Congress about it, Darl McBride had claimed the MyDoom virus was probably written by Linux folks when it turned out to be Eastern European criminal spammer gangs using Windows and he never apologized, SCO had claimed loudly and publicly that it already had a mountain of evidence of IBM's copyright infringement before even beginning discovery, and SCO and Maureen O'Gara et al had attacked Groklaw outrageously,. And he still agreed to be hired.

So have a look, folks, at what he has to say. There is no mountain, for starters, not even a hill of beans. 5 billion dollars in damages for this little puny list? Hence Judge Wells' "Is that all you've got?" question to SCO. And with regard to IBM's Motion to Limit SCO's Claims, those items IBM wishes to toss out are all about methods and concepts, Rochkind says. That's it? As far as I can see, IBM has the contractual right to use methods and concepts, but maybe this expert didn't read those contracts. That's not his job.

They have found emails, on the Internet, I gather, where IBM employees, or more probably Dynix guys, allegedly revealed Dynix code while schmoozing about how to code things. So this is about Dynix, I gather. It doesn't even appear to be about IBM, as a company, officially doing a thing, just about some emails by individuals who they claim worked for IBM in the sense that IBM eventually bought Dynix. And that's all this case is about? We'll have more to say about the email, because I think we have found the email referenced by SCO's lawyer Stuart Singer at the April 14 hearing, and to my eyes, there isn't anything there to complain about. More to come.

You can always find experts willing to take any side. Experts get paid. And remember, experts lined up to dutifully claim Microsoft wasn't guilty of antitrust offenses too, and it didn't save Microsoft from a guilty verdict in the US antitrust litigation.


  View Printable Version


Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )