IBM Subpoenas Intel Into SCO Fray 248
whovian writes "Since IBM was ordered by the courts to show more code, they are now reported by Groklaw to have subpoenaed Intel to show 'all communications between Intel and SCO or Canopy about IBM, Unix or Linux, all meetings with either concerning IBM, Unix or Linux, and all contracts or other business relations, past, present, or future, between Intel and SCO.' The text is available at the website."
*sigh* (Score:2)
When will it end?
Re:*sigh* (Score:2)
Re:*sigh* (Score:5, Insightful)
But even then, the counter suits, and residual suits for damages, etc. This may be going on for a looooooooooooong time. When will it end is, indeed, a good question.
Re:*sigh* (Score:3, Funny)
On the other hand, there's another viewpoint: maybe all this is just a conspiracy of a curious IT historian, wishing to document the birth of Linux, and the spread of it, day by day, hour by hour. :)
Re:*sigh* (Score:2)
Being bought out by IBM would be one possibility. Big Blue clearly has more money and lawyers to throw around, but even they don't want to put too much money into such a worthless enterprise.
Re:*sigh* (Score:2, Insightful)
A buyout would be a bad thing for IBM. (Score:5, Insightful)
In the long run, it's better for IBM to crush SCO, publicly, slowly and legally.
Re:A buyout would be a bad thing for IBM. (Score:2, Interesting)
Re:A buyout would be a bad thing for IBM. (Score:4, Insightful)
however, that that is the case.
Another thing you might consider is that if MS gave more funds to SCO now,
even the mainstream media would make a big deal out of it. I don't think
MS wants that.
Re:*sigh* (Score:5, Informative)
Re:*sigh* (Score:5, Interesting)
It will end when either the defense or the offense runs out of money. They will chase anybody and anything that had any contact with Linux in any way do drag out the proceedings until the money runs out.
From what I see, this was never intended to be a quick case. I just wonder who the heck is funding this new round of SCO legal action and how long can they keep it up.
Follow the money if you can.
Who should be following this is ... (Score:5, Interesting)
the SEC. and yet, they are doing nothing.
I suspect that following the money is next to impossible.
Re:Who should be following this is ... (Score:4, Informative)
Re:*sigh* (Score:4, Interesting)
Well, IBM made $3.04 billion last quarter so I can't see the defense running out of money anytime soon. SCO loss $6.5 million last quarter and apparently has less than $30 million in cash left. Of course, if you believe the conspiracy theory, then Microsoft made $4.75 billion last quarter. We could be here for awhile...
Just a technicality? (Score:5, Interesting)
Like Intel, having some proof which might help IBM, but is under NDA and can't release it without being in breach unless the court specificaly orders them to?...
Re:*sigh* (Score:3, Informative)
What are they trying to pull here? That Intel was possibly behind SCO's litigation? I doubt it..
Lawyers get to make lots of money on this, but historically Intel has wanted to see big UNIX fail so it would help Xeon sales. Intel has never really been xNIX friendly although some of it's technology came from chips like the Alpha that were designed for UNIX.
This is now hurting Intel in that the most popular, and probably the best processor to run Linux is an AMD Athlon 64. And with competition from other
Re:*sigh* (Score:2)
I think the community has been demanding this for so long we have just given up assuming that SCO will ever show/find any evidence.
Secondly, why do you th
Re:*sigh* (Score:2, Funny)
IBM running scared? (Score:3, Interesting)
No company wants to give up that much information, especially when much of it is not useful for the case and possibly damaging to Intel's business.
So far, Intel has been a relative outsider in all of this, and it is hard to understand what IBM is trying to get by bringing in a hardware manufacturer into this software matter. This may be a motion to subpoena, but even IBM's army of lawyers seems to be grasping at any straw now.
I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.
Re:IBM running scared? (Score:3, Informative)
However, since then Intel has been a massive backer of Linux, including massive investment into RedHat and driver engineering for Linux.
Re:IBM running scared? (Score:5, Insightful)
On top of that, I'm sure their lawyers are very confident, they're just on a fishing expidition to see what else they can find that may be of use. Being meticulous never hurts.
Re:IBM running scared? (Score:2)
Remember, IBM turned the table on Intel back in the mid 90's by decided to manufacture several competing x86 products (some of them even branded IBM).. remember the Cyrix processors?
If Intel was in possession of some priveleged communication from IBM regarding SCO and Linux, and just h
Re:IBM running scared? (Score:5, Insightful)
Re:IBM running scared? (Score:3, Interesting)
This may be the only avenue available to IBM in complying with the court order.
If there is documentation that they need to satisfy the discovery order, they have no choice but to subpeona Intel.
They could have done this long ago. They may have been holding on until they felt compelled by the courts to act.
Re:IBM running scared? (Score:2, Interesting)
Intel writes a lot of code in support of their hardware. A lot of which is esoteric and somewhat portable across the various *nixes. Intel more or less gives it away. Or might sell it to a company to SCO, but return it to linux at large for free, because people who roll their own, or just download iso buy hardware some of which is high margin. Some of the code ended up having a lot of *nix in common. And thus SCO turned
Re:IBM running scared? (Score:4, Funny)
That has to be the most ridiculous fake pluralisation I've ever seen.
Re:IBM running scared? (Score:2, Interesting)
IOW, it's a chewbacca defense. Flood the court with lots of information which may or may not be entirely relevant. IBM can afford to keep the dog and pony show going longer than SCO can, so they will keep looking for truckloads
Re:IBM running scared? (Score:2, Funny)
Hog wash! (Score:5, Informative)
What they most likely want to establish is that SCO new Itanium was delayed and Intel notified them about the changing strategy of the processor.
SCO is claiming that the Monteray project was cancelled by IBM "out of the blue (Pun somewhat intended)" and due to the advent of Linux. IBM canceled the Monteray project as they were allowed to do since the business reason for continuing was no longer there. They need to have Intel confirm this, information which Intel obviously is reluctant to provide
Re:Hog wash! (Score:3, Insightful)
A court order to produce such information (probably under seal) would trump the confidentiality agreement.
Also, there may be business reasons why Company A doesn't want to appear too eager to acquiesce to the demands of Company B. A subpoena will preserve the fiction that 't
Re:Hog wash! (Score:3, Funny)
Re:IBM running scared? (Score:2, Interesting)
Re:IBM running scared? (Score:2)
> their future competitor.
Future?
Re:IBM running scared? (Score:2)
Yes, future (as in "in coming weeks"; when they launch el cheapo PowerPC servers for Linux).
Which part of that post is unclear?
Re:IBM running scared? (Score:3, Informative)
Intel already *is* a competitor (and has been, for a while).
Re:IBM running scared? (Score:3, Interesting)
I personally don't think SCO has a very strong case, but watching IBM's actions, it seems that IBM is the one with the lack of firm ground.
I just had a presentation on patent law and practices (not that I pretend to be an expert, I think I just got a bit less clue-less). There seem to be a number of striking similarities here.
It is surprising to see that a very little number of patent cases are won on the grounds of the cases, most of them on technical details.
It seemed to me that this started out as a
Re:IBM running scared? (Score:2)
Re:IBM running scared? (Score:3, Insightful)
This theory would make more sense if it was IBM that has been dragging this whole thing out. It hasn't. IBM's been forthright with what the court has ordered. SCO's missed quite a lot of their deadlines for producing things and seems to be doing absolutely everything they can to dela
Enough (Score:4, Funny)
Re:Enough (Score:4, Funny)
linux on ppc (Score:3, Insightful)
Re:linux on ppc (Score:2)
You mean like this [yellowdoglinux.com]?
A clear case of what phycologists call projection? (Score:2)
Like old reports of the imminent extinction of mainframes, any report of a similar fate for Windows is a tad immature.
"windows fanboys" - Perhaps I am just adding fuel to the flame or maybe you are to young to shave and don't see the "fanboy" in the mirror every morning. Either way your post makes for an excellent example of projection (definition 6b). [m-w.com]
How typical... (Score:2, Funny)
Food for thought (Score:2, Insightful)
No, you usually don't have to depose your best friends. Which is
Re:Food for thought (Score:3, Insightful)
Re:Food for thought (Score:2)
They will prevent you from talking about something, like communications, without a subpoena.
Re:Food for thought (Score:2)
Re:Food for thought (Score:2)
And the converse is true, as well. Intel can go full throttle against IBM without risking any business, except maybe those 4 Itanium servers a year that IBM moves for them.
Re:Food for thought (Score:5, Insightful)
Re:Food for thought (Score:2)
IBM wants to be the first vendor to offer Unix on Intel's much touted 64-bit Merced chip. IBM is off to a decent start, having completed a 24 hour dry run at an Intel lab last week.
I first read this as a "24 hour dry heave". Man, that's gotta hurt. SCO didn't stink that much at the time though.
Re:Food for thought (Score:2)
Re:Food for thought (Score:5, Informative)
How did this get +4 Insightful? Obviously you've never dealt with a court case more complicated than a traffic ticket.
When two companies discuss business it is done under Non-disclosure Agreements. Now I'm sure SCO and Intel had meetings about ia64 (since SCO was working on an OS for it and all) If IBM just went to Intel and said "hey tell us what SCO said back then" and Intel complied then SCO could sue Intel for NDA breach. Unlike their current suits they'd actually win that one, too.
In a previous job we were in a similar position -- one of our customers was being (quite justifiably) sued and the other party needed information relevant to the case from us.
We compiled the information but we couldn't just give it directly to them because that would breach our agreements with our (now former) customer. Instead we made a list of everything we had and had OUR LAWYERS write up a subpoena based on that.
Then we handed it to them and said "please have this served on us". As soon as it had a judge's signature on it we faxed them the stuff they wanted within minutes.
Basically in civil litegation ABSOLUTELY EVERYTHING that you find out from third-party corporations goes through the subpoena process whether they're friend or foe. Don't assume just because Intel got one from IBM that they must be on SCO's side or anything.
Re:You repeat yourself. (Score:2)
Hmm, interesting... (Score:3, Insightful)
Is it a purely defensive move? Or is the the "beginning of the end" of the PC industry as we knew it?
Linux + PPC (+ IBM) might beat BSD + PPC (+ Apple) -- espcially since IBM makes the PPC part! -- and definitely beats Windows + i86, but why the hell NOW??? What do they know that I do not?
Maybe I should actually go RTFA, but I doubt it will clear things for me.
Paul B.
Re:Hmm, interesting... (Score:2)
I don't know. But the whole thing is starting to remind me of the end of a theatrical production when all the actors come out on stage. Who's next, Charles Babbage?
I just LOVE this part! (Score:2)
I can just imagine Intel's Craig Barrett and our beloved Darl frigging chatting on IRC (!) how to shut the whole Leenux thngy down...
Or is it IBM just playing cute for the Groklaw /
Paul B.
Re:Hmm, interesting... (Score:2)
Re:Hmm, interesting... (Score:2)
Re:Hmm, interesting... (Score:2)
Re:Hmm, interesting... (Score:4, Informative)
IBM knows that Intel knows all about Itanium, its roadmaps, schedules, and delays. IBM knows that Intel has a good idea of what they told SCO about Itanium schedules and delays. Given that SCO is now down to claiming that any funny business about purloining code went on during Project Monteray, on which IBM and SCO cooperated, and that that was largely about AIX on Itanium, details about Itanium and what SCO knew about it are important.
There are perfectly straightforward, perfectly innocent explanations for why IBM would want information from Intel, and oddly enough they fit the current major issues of the case far better than any wild and extravagant theories about Intel conspiring to bring IBM down.
So what does IBM know that you don't? IBM know what they're talking about.
Jedidiah.
It's completely pointless (Score:3, Insightful)
It's interesting for us to find out who's behind all of this, but not to the judge. These documents are only going to be needed because IBM thinks there's something there about licensing etc. deals. Not about helping out SCO or whatever.
Not called "Wintel" for nothing ... (Score:5, Insightful)
would like to see SCO Group succeed in court.
Sun is pushing Sparc and AMD processors, IBM
is pushing (hard) with PPC processors, and even
HP is courting AMD processors -- all three
with their UNIX and GNU/linux.
Microsoft courted, and then dumped support
for microcomputers based upon the Alpha, MIPS,
and PPC processor. Intel's many mis-steps
with the Itanium (ia64) processor may well be
an issue that IBM would like to raise with
the court, especially as regards IBM's short
lived alliance with SCO.
IANAL, but no matter how much code IBM reveals
in court against SCO Group, SCO's main attacks
center on (1) ownership of derivative works,
and (2) legality of the GPL. Either could
seriously damage F/OSS if the case goes to SCO.
I do not have very much faith in the USA's
system of justice these days, particularly
since the DoJ let MSFT off the monopoly hook
so readily (after regime change).
Re:Hmm, interesting... (Score:2)
vs.
Microsoft, Intel, Dell, George W. Bush,
Come on, you can't tell me that MS/Intel/Dell are still the only players in the PC market. I don't remember the last time I bought Dell or Intel, and I buy a great deal of PCs for a significant company.
Then again I don't buy Microsoft much either, so who am I to talk?
How much longer until... (Score:4, Funny)
Re:How much longer until... (Score:2)
Please, this is serious.
They're going to subpoena El Chapulín Colorado, not some cheap running gag reference to him.
Soap Opera Digest, eat your heart out. (Score:2, Insightful)
Re:Soap Opera Digest, eat your heart out. (Score:2)
Another common assumption seems to be that because IBM went through the courts to get info from Intel therfore it follows that Intel must be pissed off because IBM is attacking them. The fact is even if Intel knew something and desperately wanted to give IBM the info they would have to ask IBM to get it via the court. Any dealings
Intel UniX (Score:5, Interesting)
Perhaps info regarding thost contracts is what IBM is after.
Don't even dare analyze this article (Score:5, Insightful)
So please, don't waste our time with useless conjecture, predictions, and "what-if" scenarios. Because really, what's going on here is just mental masturbation. Move along.
Re:Don't even dare analyze this article (Score:2)
MOD PARENT UP (Score:2)
Ironic. (Score:2)
Intel should subpoena AMD! (Score:4, Funny)
Re:Intel should subpoena AMD! (Score:2)
Re:Intel should subpoena AMD! (Score:5, Informative)
My original IBM PC/XT came with a technical reference manual which contains the complete BIOS assembler source code and complete circuit diagrams for every board in the computer. Since it was constructed using OTS ICs, someone single-minded enough could construct a whole PC based upon those specifications - and I am sure that the whole PC industry owes it to IBM for making available those specifications and hence giving rise to all the clones... The tricky part for the cloners is to 'clean-room' design a clone without infringing on IBM's copyright - an issue which IBM did take to court on more than one occasion.
That PC is long gone but I still have the original IBM technical reference manual. Its a nice hardcover ring-bound book. They don't make manuals like they used to!
Re:Intel should subpoena AMD! (Score:3, Informative)
Re:Intel should subpoena AMD! (Score:2)
Its about intellectual property claims that... (Score:3, Insightful)
It like a bunch of people have pursued some man made rules or laws that rely on the earth being flat. But now that the earth really isn't flat, these rules, these laws are having a problem holding up. A lack of integrity of the rules/laws of which so many have beeing following.
So yeah, its really not supprising the exposure of the web of distortion that has spread thru out the industry.
Imagine what it would be like to see from the POV of one having clairity of the issue. Imagine how those following and supporting such distortion would be preceived by such a POV.
Perhaps this is such a view!? [ffii.org]
the only thing that scares me... (Score:3, Interesting)
Next: Microsoft (Score:2, Funny)
I'll give you a hint... (Score:2)
Power of IBM (Score:3, Insightful)
Re:Power of IBM (Score:2)
Sadly yes. (Score:3, Interesting)
Our laws are meaningless today, because we've been disenfranchised by corporations.
AH HA! (Score:2)
Notice the "future"
Or perhaps is SCO going to claim that since their code ran on Intel chips that means that the chips are tainted and therefore all of Intels IP belongs to SCO.
Jun U Nakajima, SCO and Trillian project (Score:5, Informative)
So, how did Linux become so capable of scaling beyond the heights of the old UNIXs. More importantly, who helped put what where?
As with the marketing of cars and TVs, it is the vendor's high end leading edge models which sells the standard models, from which most of the sales and profit is made. For the enterprise server market today, that high end is multi-headed 64-bit SMP systems, never mind the fact that single 32-bit processors provide more than enough power to do most jobs. For all intents and purposes, it is the ability of the core OS to scale on 64-bit SMP systems that defines "enterprise scalability". Other enterprise feature are effectively just add-ons, which in the case of Linux, have been freely contributed from many vendors and developers.
Since version 2.0, Linux was more than just a 32-bit x86 operating system. With the insistence and assistance of Jon "Maddog" Hall, Linux was already ported to the 64-bit Alpha processor, which delivered great performance and stability. Just like the traditional AT&T UNIX source base, the ownership of the Alpha chipset passed though many hands, suffering the same fate of a thousand cutbacks. Even Alpha's "native" OS, VMS, has been ported to Itanium by HP/Compaq.
Since 1997, Intel has been promoting the Itanium line as the inevitable successor for every other server processor on the market. Despite the early vaporware status, Intel has been very successful, at least in terms of marketing. With the exception of its mainframe systems, even IBM ships Itanium systems that directly compete with their own Power processors.
For what The SCO Group has to offer with SCO Unixware 7,the Itanium line is the only 64-bit option. The problem for The SCO Group is that modern Linux can compete so well in that same market that the value of Unixware is rapid deteriorating to a historical curiosity. I suspect that The SCO Group (at that time called Caldera) executives were well aware of this before they acquired the server part of Old SCO in August 2000, or they would have known, if they spoken to the right executives and technical staff.
So how did Linux get scale on Itanium? The SCO Group would have you believe it was all IBM's doing, which isn't as interesting as the real story. The web of history weaves to encircle and entangle a much more diverse group of conspirators, including many of The SCO Group, Caldera, and old SCO's own former executives and other employees.
In October 1998, IBM, Old SCO and Sequent teamed up to collectively develop parts of Unixware and AIX into scalable 64-bit-ready ports for IBM's Power processors and Intel's AI64, or Itanium, under the banner of Project Monterey. But by then, it was already too late.
In February 1998, well before even the first prototype IA-64 chips were available, a skunkworks team at HP, with some assistance from Intel, began the work toward porting Linux to IA-64. By October 1998, around the same time that IBM, Old SCO and Sequent had finished negotiations, HP had completed the build toolchain. By January 1999, the Linux kernel was booting on an IA-64 processor simulator, months before the actual Itanium processor was available. In March 1999, at Intel, Linux was booting on the actual Intel Itanium processor. In April 1999, CERN joined the project for the port of the GNU C library and VA Linux Systems joined the project and rapidly improved the stability and performance.
In May 1999, the Trillian Project was founded and HP, VA Linux and Intel collectively provided their source patches to the Linux kernel for the Itanium port under the GNU general public license.
A bootable kernel alone however does not make an OS make. HP supplied the patches for the toolchain (initial GCC C/C++ compiler, gas assembler, ld linker). Intel supplied the test platforms, apache, EFI, FPSWA, SCSI, SMP, libm (the old Linux C libraries). VA Linux ported E, E-Term, XFree86, utilities
The processors were provided by Intel (Score:2)
Mar 99: Linux boots on Itanium process (Score:3, Insightful)
Next round of subpoenas... (Score:2)
Oops! That didn't catch Gadsby! [spinelessbooks.com]
-
All is not well at SCO (Score:2)
http://www.theregister.co.uk/2005/01/31/canopy_
Discovery laws.... (Score:2, Informative)
People can go to jail if they fail to disclose!
I work in litigation and subpoenaing someone with something as ridiculous as this is a great way to keep the other party busy and give yourself some extra time. In addition to that, it adds costs to the other party's litigation.
Sometimes, you can just keep subpoenaing and they won't be able to keep up. And generally when that happens, they will want to settle.
Wonder if Intel is going to have one of its attorneys claim
Soap (Score:2)
Timeline is a little wrong. (Score:5, Informative)
The blurb for this story is a little misleading. IBM planned to do this and may have even already had the subpoena executed by the time SCO's motion was granted. The timing was coincidental not causal.
Re:my professional, legal and technical opinion.. (Score:4, Insightful)
Re:my professional, legal and technical opinion.. (Score:3, Funny)
Grmamar deos, but stuides have shwon taht if you at laset get the frist and last letetrs rihgt, poelpe can gerenaly raed it.
Re:my professional, legal and technical opinion.. (Score:2, Informative)
You forgot to read the last paragraph of the study:
"Doing this on purpose in a setting out of context generally implies that the instigator needs to find a new hobby."
Re:my professional, legal and technical opinion.. (Score:5, Interesting)
All this jumping to conclusions about IBM and PPC slugging it out with Intel is unbelievably silly given this other explanation that fits the facts (and the case) far better. Can we cut the stupid conspiracy theories?
Jedidiah.
Re:my professional, legal and technical opinion.. (Score:2)
you smoking crack?
obviously they need some information to prove their point.. information that is technically intels.
Doesn't make sense (Score:3, Insightful)
I think there's a bit more to this than we've seen... but if anything when the dust is cleared it will be very interesting to look back and say "ahhhh, I understand now"