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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Us and Them | 310 comments | Create New Account
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s/SCO's blood/IBM's blood/
Authored by: Anonymous on Friday, June 28 2013 @ 10:36 PM EDT
"SCO wanted to drink SCO's blood" should probably be
"SCO wanted to drink IBM's blood"

Not starting corrections since I'm anonymous.

[ Reply to This | # ]

OT: Mythology Nit-pick
Authored by: darksepulcher on Friday, June 28 2013 @ 11:05 PM EDT
"...and now here comes IBM with a silver bullet, in short. That's what I
hear you need to kill Dracula, a silver bullet."

Not quite. Vampires like Dracula can be dispatched by a wooden stake through
the heart (and preferably followed by decapitation). Werewolves and other
lycanthropes, on the other hand, are only greatly harmed by silver weapons. And
while I'm sure that the Nazgul have ample supplies of both, you really don't
want to be bringing silver bullets to a vampire-staking. :P

---
Had I but time--As this fell Sergeant, Death
Is strict in his arrest--O, I could tell you--
But let it be.
(Hamlet, Act V Scene 2)

[ Reply to This | # ]

There's someone named Ahab in Utah
Authored by: kawabago on Friday, June 28 2013 @ 11:23 PM EDT
he'll stop chasing the IBM Whale when it kills him.

[ Reply to This | # ]

Corrections here
Authored by: SpaceLifeForm on Friday, June 28 2013 @ 11:25 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

OT here
Authored by: SpaceLifeForm on Friday, June 28 2013 @ 11:28 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Newspicks commentary here
Authored by: SpaceLifeForm on Friday, June 28 2013 @ 11:33 PM EDT
Please include a link.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Comes here
Authored by: SpaceLifeForm on Friday, June 28 2013 @ 11:35 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Keeping in line with pj's movie metaphors...
Authored by: Anonymous on Saturday, June 29 2013 @ 01:53 AM EDT
...I would tSCO rather classify as belonging into the Zombie genre, not the
Vampire one. When you are looking at Hollywood productions over the past years,
that classification is perfectly in line with these. After years of Vampire
movies and TV series, we now hav all those undead Zombies popping up here and
then. And tSCO perfectly fits this meme, me thinks.

I would love to see our beloved Sky Cowboy taking on a major role in the tSCO
movie "Judging the Undead"...

[ Reply to This | # ]

When is a sanction not a sanction?
Authored by: Anonymous on Saturday, June 29 2013 @ 02:15 AM EDT
So just who has been sanctions for it's shenanigans in court? SCO or it's
lawyers or both? And what's the point of any sanction if it doesn't result in a
change in behavior?

I'm sure as a layperson, if i behaved inappropriately (by filling deceptive or
'tricky' documents) in a court, i would be in contempt and possibly jailed until
i apologized to the court and convinced them i will change my ways. And this can
happen without me knowing the court rules and procedures! So why is it that
those who know the rules and procedures intimately seem to behave so poorly,
seemingly without integrity and ultimately without consequence (if the previous
10 years are indicative of what happens)?

It just seems the courts have become a farce where justice is concerned!

Maybe we need to have yellow and red cards (as is the case in soccer) where
getting three yellow cards or a red card sends you of the legal playing field
for a while...

[ Reply to This | # ]

Mooted -> Decided?
Authored by: Anonymous on Saturday, June 29 2013 @ 05:03 AM EDT
I wonder why IBM removed the whole phrase including the reference to the
Novell case rather than replacing the word "mooted" with something
like
"decided" or "determined" or "resolved". Isn't
there an appropriate term?

[ Reply to This | # ]

Some people have to cheat
Authored by: Anonymous on Saturday, June 29 2013 @ 09:02 AM EDT

It's like a sickness. Like alcoholism. No matter what, they cheat.

Then there's TSG, which cheats no matter what.

Sigh.

Wayne
http://madhatter.ca

[ Reply to This | # ]

Sanctions?
Authored by: Anonymous on Saturday, June 29 2013 @ 11:04 AM EDT
So SCO (via their Lawyers) say one thing and IBM (via their Lawyers) dissect it
and expose the SCO claims in glorious (sic) detail. I guess that IBM have been
keeping their powder dry fo so long that they found it difficult keeping their
desire to 'nuke' SCO in check.
Asking for scanctions on SCO's officers and Legal representatives really shows
that they are playing hardball and going for the jugular.
I can't help wondering if asking for sanctions at this point might be jumping
the gun so to speak.

We will have to wait to see what this Judge thinks of IBM's almost total
demolition of SCO's claims.

What I really don't want is another judge sitting on the fence or being
'favourable' to SCO (all in the name of fairness). We saw this before and look
how long this saga has played out. But hey, the lawyers don't lose now do they
so there really isn't any incentive to get things decided in anything less than
the longest time possible.

complex_number not logged in

[ Reply to This | # ]

Way to Impress The New Judge
Authored by: Anonymous on Saturday, June 29 2013 @ 12:59 PM EDT
This early in proceedings with a new judge it seems less than good strategy to
file a motion so thoroughly wrong. PJ mentioned that losing the goodwill of the
judge is a really bad thing, even if you are in the right. In that light, SCO's
motion seems downright foolish.

-- Alma

[ Reply to This | # ]

Who pays IBM costs...
Authored by: GriffMG on Saturday, June 29 2013 @ 01:23 PM EDT
Are they covered by SCO's agreement with their lawyers?

Be nice if they were.

---
Keep B-) ing

[ Reply to This | # ]

So IBM is the initials of Inigo B Montoya?
Authored by: Anonymous on Saturday, June 29 2013 @ 06:39 PM EDT
What does the B stand for? Blooddrinker, perhaps?

[ Reply to This | # ]

rsteinmetz70112 called it right
Authored by: jbb on Saturday, June 29 2013 @ 07:22 PM EDT
In a post under a previous article, rsteinmetz70112 predicted:
That IBM apparently has only 4 days to respond to what will likely be a very convoluted brief from SCO seems to be an open invitation for the games to begin (again).

---
Our job is to remind ourselves that there are more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay

[ Reply to This | # ]

Us and Them
Authored by: BJ on Saturday, June 29 2013 @ 07:52 PM EDT
I can't express to you how much I *don't* want to cover this case any more. No matter how many flaws I may have, ten plus years of covering this case seems like too much punishment. Somehow I was over-charged by some overzealous prosecutor in some alternate universe over crimes in a previous life or something. I just know I don't deserve this.
And yet -- you're at you very best, your very wittiest, your very
snappiest (hi grandma Jones!) dealing with SCO.
Can we say they, SCO, bring out the be(a)st in you?

Anyway, your remarks prove: when dealing with SCO, don't go with
the flow; instead get out the fine filter and parse parse parse.


bjd


[ Reply to This | # ]

Joint Venture vs agreement
Authored by: Anonymous on Saturday, June 29 2013 @ 09:32 PM EDT
While it's proper to get terminology right, I wonder if there is more to IBM
objecting to calling Project Monterrey a joint venture. I'm sure there are cases
related to joint ventures and non-joint ventures, the question is whether case
law favors IBM more if Project Monterrey is not considered a joint venture.

[ Reply to This | # ]

IBM's Objections and Corrections to SCO's "Proposed Partial Judgment" ~pj
Authored by: Anonymous on Saturday, June 29 2013 @ 11:07 PM EDT
I did enjoy the princess bride reference. Where is the dread pirate Roberts
when you need him?

[ Reply to This | # ]

SCO isn't named SCO any more
Authored by: Anonymous on Sunday, June 30 2013 @ 03:54 AM EDT
SCO isn't named SCO any more? Well, about time
we start calling them TSG rather than continue contributing to the eternal
confusion between Santa Cruz Operation, Caldera, The SCO Group.

[ Reply to This | # ]

I say nuke 'em from orbit ...
Authored by: Anonymous on Sunday, June 30 2013 @ 11:40 AM EDT
... it's the only way to be sure.

[ Reply to This | # ]

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