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IBM Caldera Government The Courts News

IBM Gives SCO the Works 532

akahige writes "It took more than 400 employees 4,700 hours of work to comb through IBM's source code repository and versioning system to assemble every possible scrap of AIX and Dynix source code (which SCO claims they improperly socked into Linux). That's 80 GB of source code, and almost a million pages of correspondence, which IBM scanned and provided on CD. They delivered the goods on a server along with a detailed (snide?) set of instructions on exactly how to search for that stolen code."
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IBM Gives SCO the Works

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  • 2041 (Score:5, Informative)

    by geomon ( 78680 ) on Thursday May 05, 2005 @07:05PM (#12446748) Homepage Journal
    4,700 hours of work...more than 400 IBM employees....80 GB of source code and other electronic data...more than 900,000 pages of paper...

    Now we can expect another request for an extension from SCO so that they can pick through the stuff IBM just dumped on them.

    I don't expect to see a decision in this case until Social Security runs out of funds.
    • Re:2041 (Score:5, Funny)

      by turtledot ( 827674 ) on Thursday May 05, 2005 @07:09PM (#12446787)
      So, does that mean that SCO is now hiring? :-)
    • Did anyone else read that as 'IBM give SCO the finger?'
    • Not surprising. (Score:5, Interesting)

      by Anonymous Coward on Thursday May 05, 2005 @08:52PM (#12447502)
      My wife used to work as a legal secretary for a law firm that represents IBM (maybe even the one in SCO v. IBM).

      She told me once that in one case IBM sent 70+ entire five-drawer filing cabinets to the opposing law firm.

      Delivered by 18-wheeler or two, of course. :-)

      The opposing law firm had to go through all that information - at $400/hr for the opposing company....
    • Re:2041 (Score:5, Insightful)

      by killjoe ( 766577 ) on Thursday May 05, 2005 @08:53PM (#12447507)
      What's really sad is that SCO has been able to make IBM spend all that time and money without ever once presenting any evidence whatsoever of "stolen code". The judge has allowed them to change the case three times so far again without ever once asking "which code are you talking about".

      MS sure is getting their money's worth on this case.
      • Re:2041 (Score:5, Insightful)

        by nihilogos ( 87025 ) on Friday May 06, 2005 @04:18AM (#12449363)
        What's really sad is that SCO has been able to make IBM spend all that time and money without ever once presenting any evidence whatsoever of "stolen code"

        According to the folks at groklaw the judge believes SCO has no case, but wants to ensure that they have no grounds for appeal at a later date.

        This way SCO can't use lack of discovery as such a grounds.
    • Re:2041 (Score:5, Funny)

      by suwain_2 ( 260792 ) on Thursday May 05, 2005 @09:28PM (#12447729) Journal
      I don't expect to see a decision in this case until Social Security runs out of funds.

      C'mon, SCO can't go through so much stuff that fast!
    • Re:2041 (Score:5, Insightful)

      by gnarlin ( 696263 ) on Friday May 06, 2005 @12:32AM (#12448660) Homepage Journal

      I used to laugh about this whole thing. I don't anymore.
      Then it became irritating. Now it is just blatantly stupid, long since entered into wonderland along with Lisa.
      The old saying that the US legal system is slow but grinds infinitely small is also
      just as lame. That something that has been shown time and time again to be utterly without merit, while YEARS go by, millions are spent, hundreds of man-hours gone. It's pitiful.

      So many recources wasted without ANY conclusion reached. Without any shore in sight as far as the eye can see.

      • Re:2041 (Score:3, Interesting)

        by d474 ( 695126 )
        Excellent point.

        It's like when you notice some strange sound coming from the engine in your car for the first time. It doesn't sound good, you know it's bad. But you just keep driving it day after day... You hope the sound will just go away - and you almost forget about it, when, it get's a little worse. And worse.

        The question is, how long can we go until this bitch seizes up?
  • Server? (Score:5, Funny)

    by Anonymous Coward on Thursday May 05, 2005 @07:05PM (#12446749)
    "They delivered the goods on a server"

    Is the server running Linux? Now that would be funny.
  • Neat (Score:5, Interesting)

    by mcc ( 14761 ) <amcclure@purdue.edu> on Thursday May 05, 2005 @07:05PM (#12446752) Homepage
    So
    1. If once the discovery's done IBM is able to prove that SCO's case is frivolous or some such, or countersues, or something, can IBM get SCO to pay them back for the cost of collecting this evidence?
    2. How difficult would it be for IBM to qualify for this and what would they have to do?
    • Re:Neat (Score:5, Insightful)

      by MarkByers ( 770551 ) on Thursday May 05, 2005 @07:09PM (#12446785) Homepage Journal
      If once the discovery's done IBM is able to prove that SCO's case is frivolous or some such, or countersues, or something, can IBM get SCO to pay them back for the cost of collecting this evidence?

      Do you actually think SCO will have any money left by the time this case is over? I bet this case only ends when SCO go bankrupt.
      • Re:Neat (Score:5, Insightful)

        by mcc ( 14761 ) <amcclure@purdue.edu> on Thursday May 05, 2005 @07:15PM (#12446849) Homepage
        Do you actually think SCO will have any money left by the time this case is over? I bet this case only ends when SCO go bankrupt.

        No, not really, I'm expecting SCO to spend all their money on the court case and then go bankrupt to brush away the countersuits, fraud allegations, shareholders and debtors that come after that. But, in a best case scenario maybe the corporate veil can be pierced or whatever the hell you call it and the board members and the Canopy Group that owns SCO can be held accountable for the debts and actions of SCO. There is good reason to believe the Canopy Group purposefully directed SCO to act as it did knowing exactly how valid the claims were, and both the Canopy Group and the board members have profited generously from the stock manipulations of SCOX.

        I'm pretty sure the corporation system is not designed to let you create or purchase a shell corporation, commit illegal acts and rack up debts, and then just toss the shell corporation into bankruptcy and say "whoops all forgiven". But this looks to me exactly like what Canopy's trying to do. Is there not anything in the legal system to prevent this?

        Even if not though and the people who orchestrated all this get away scot free, though, it just makes things look that much better for Linux in the press afterward if the amount of money SCO goes out of business not having paid is that much higher...
        • Canopy Group (Score:5, Informative)

          by overshoot ( 39700 ) on Thursday May 05, 2005 @07:26PM (#12446936)
          the board members and the Canopy Group that owns SCO

          The Canopy Group does not own SCOX. In the ugly little affair to oust Ralph Yarro, Canopy gave him all of its interest in SCOX. Since he's the chairman anyway, that might let Canopy off the hook ("beneficial control" becomes the standard.)

          I don't know how much Ralph has besides his (worthless) share in SCOX but I suspect that IBM would be content to suck him dry along with Darl.

          • Re:Canopy Group (Score:3, Interesting)

            by killjoe ( 766577 )
            They did that because they know IBM plans to go after them. It looks like they tossed yarro to the wolves and ran. I bet they get away with it too.

            American capitalism, you gotta love it.
        • Re:Neat (Score:5, Interesting)

          by frank_adrian314159 ( 469671 ) on Thursday May 05, 2005 @07:33PM (#12446989) Homepage
          I'm pretty sure the corporation system is not designed to let you create or purchase a shell corporation, commit illegal acts and rack up debts, and then just toss the shell corporation into bankruptcy and say "whoops all forgiven".

          Oh you naive fool...

          Look at things like the Johns-Manville asbestos bankruptcy or the Dow-Corning breast implant bankruptcy for our "oh so responsible" corporate citizens walking away from their bills. And illegality? Do we start at Enron's subsidiaries? How about Arthur Andersen? How about the amazing set of ITT companies back in the early '70's. The American corporation has always been an amazing refuge for behavior that would get most of us run out of town on a rail. And it pays well, too - at least for the CEOs.

          • Re:Neat (Score:5, Informative)

            by Martin Blank ( 154261 ) on Thursday May 05, 2005 @07:53PM (#12447128) Homepage Journal
            Dow-Corning should never have been sued in the first place, though that's admittedly beside the point.

            And many of Enron's subsidiaries are actually very legit and continued functioning pretty much as they were when Enron was riding high.
          • Re:Neat (Score:3, Interesting)

            look at things like the Johns-Manville asbestos bankruptcy or the Dow-Corning breast implant bankruptcy

            This is a little different in that Johns-Manville and Dow-Corning were found guilty of producing a completely legal and safe product. Basically, these companies are like IBM. Completely innocent being hit up for cash by an establishment with no other business model than to sue people based on shaky evidence.

            On the enron comment? I think you may have missed the point again. Canopy = Enron, SCO = S
            • Re:Neat (Score:4, Interesting)

              by drwho ( 4190 ) on Thursday May 05, 2005 @11:13PM (#12448268) Homepage Journal
              Yea, don't forget Cessna...sued out of existance by the heirs of a fool who didn't know how to fly. Raytheon bought the carcass. Because of this disaster, the small aircraft industry has become very conservative and expensive. So has the FAA, it costs a ton of money to get a new aircraft certified these days, which is why people are restarting manufacturing of old aircraft designs, approved fifty years ago.

              When a company breaks the law, on purpose, it deserves to be punished, as does the management who made the decision. The liability lawsuit goldmine for lawyers started in the 70s, was tempered somewhat in the 90s, but is still a huge business, and something that many other jurisdictions (China?) don't have to worry about. Yet another reason why so many jobs have been lost from Europe and America to the rest of the world.

          • Re:Neat (Score:5, Insightful)

            by Mille Mots ( 865955 ) on Thursday May 05, 2005 @08:28PM (#12447349)
            Oh you naive fool...

            Look at things like...the Dow-Corning breast implant bankruptcy for our "oh so responsible" corporate citizens walking away from their bills

            The Dow Corning silicone breast implant lawsuits were based on junk science. Contrary to your assertion, the bankruptcy did not allow Dow Corning to walk "away from their bills." The Dow Corning Trust is doling out $4.4 billion dollars to women who settled, women who went to court and won *and* to Dow Corning creditors.

            But, I suppose it is possible that you consider it irresponsible for a corporation who lost court cases based on flawed studies, bad statistics (as if there are good), and, in some cases, outright lies to actually pay up on the settlements they've negotiated.

            (no, I don't work for Dow Corning)

        • Re:Neat (Score:5, Informative)

          by Locke2005 ( 849178 ) on Thursday May 05, 2005 @08:16PM (#12447261)
          I'm pretty sure the corporation system is not designed to let you create or purchase a shell corporation, commit illegal acts and rack up debts, and then just toss the shell corporation into bankruptcy and say "whoops all forgiven". Half right. The corporation system IS designed to let you rack up debts, then just toss the shell corporation into bankruptcy. However, the minute someone can prove you committed illegal acts, they can hold you personally responsible, not the corporation.

          When the Hunt Brothers tried and failed to corner the silver market, they tried to tell the banks "No, the corporation owes you the billions borrowed, not us, and it is bankrupt!" Didn't work, banks sued Hunt Brothers personally and drove them into bankrupty ($2.5 billion in liability against $1.5 billion in assets). So apparently the corporate veil only worked if you can prove you used due diligence to protect investor's assets.

          When the IBM case is finalize, I fully suspect there will be a shareholder lawsuit against the SCO directors, and an attempt to hold them personally liable for losses. Not being a lawyer, I can't predict how this would turn out.

          • Re:Neat (Score:5, Interesting)

            by Don Negro ( 1069 ) on Thursday May 05, 2005 @09:54PM (#12447871)
            I have it on very good authority from people at the V.P. level inside IBM that SCO, and it's executives, are slated for personal destruction. When they sent letters to IBM's customers threatening lawsuits becuase they did Linux business with IBM, they crossed the line into open warfare. And no prisoners will be taken.

            Never, ever, threaten IBMs customers' desire to do business with IBM. They've got billions to spend to destroy you, and their lawyers walk six inches off the ground.
        • Re:Neat? (Score:3, Interesting)

          by circusboy ( 580130 )
          I'm pretty sure the corporation system is not designed to let you create or purchase a shell corporation, commit illegal acts and rack up debts, and then just toss the shell corporation into bankruptcy and say "whoops all forgiven".

          designed? no. but when has a design ever prevented anyone from doing anything. I would provide examples, but there are too many, and it's too depressing. Why exactly do you think they call it a "shell"?

          One thing that you must remember, (and is all too often forgotten,) the
      • C'mon foks it is so obvious... The real SCOX ploy has been to get the cash in SCO into the McBride family trust. Darl's brother is the major fee earning lawyer on the SCO side. Darl's mission is to get all the SCO cash into his brother's account. All the games being played are just to keep this game going long enough to transfer the funds in an honest/legal fashion. It is not material whether SCO wins or loses the IBM battle. All that matters is to keep the game rolling.

        For Darl this is the perfect present

  • by account_deleted ( 4530225 ) on Thursday May 05, 2005 @07:05PM (#12446753)
    Comment removed based on user account deletion
    • by aeaas ( 649617 ) on Thursday May 05, 2005 @07:16PM (#12446859)
      System operation (Please read the AIX 5.2 documentation before attempting to use this system)

      To power up the system, press the power button on the front panel.
      To reboot the system, run the 'reboot' command as root.
      To shutdown the system run the 'shutdown -F' command as root.
      To power up after shutdown, press the power button on the front panel.

      and fwiw the search script is korn shell
    • Re:Hah! (Score:3, Funny)

      by mikael ( 484 )
      And the contents of the script?


      cat /dev/null
      • #!/bin/ksh
        sleep 15
        find . -type f -name '*.[ch]' -exec gawk '-vx={}' \
        'BEGIN { "echo ${RANDOM}" | getline y; print x ":" y ":stolen code"; exit }' \
        /dev/null \;
        (Tested with pdksh, also works in BASH)
  • 80 gig recompile (Score:5, Insightful)

    by mnmn ( 145599 ) on Thursday May 05, 2005 @07:07PM (#12446761) Homepage

    Would be cool if the data becomes pirated. We can recompile the thing for x86 or x64 machines. Imagine how long a build world will take.

    In all obviousness AIX does not contain SCO code, heck SCO is in no position to accuse that at all... Novell owns the trademark. Either way, SCO should now provide its own code for comparison.

    Good things will happen. SCO's case will be thrown out and they'll be bankrupted, most UNIX sourcecode will become available, Solaris will be opensourced, and future lawsuits of these types will be thrown out making Linux more resilient in the corporate.
    • Re:80 gig recompile (Score:3, Informative)

      by mdf356 ( 774923 )
      Would be cool if the data becomes pirated. We can recompile the thing for x86 or x64 machines. Imagine how long a build world will take.

      Except the ml directories won't assemble.

      And the full build of everything AIX takes about 8 hours IIRC on our build machines.

      Cheers,
      Matt
    • by superpulpsicle ( 533373 ) on Thursday May 05, 2005 @07:24PM (#12446917)
      SCO and RIAA need to merge into one big evil company called "SCORIAA".

      They should hire nothing but lawyers, and have the lawyers scream "SCORIAA" all day long for no purposes or reason.

      • by HishamMuhammad ( 553916 ) on Friday May 06, 2005 @12:27AM (#12448644) Homepage Journal
        That's perfect!

        I went to check if it was just a pleasant coincidence that "escória" (pronunced as you would pronounce SCORIAA if it were a word) means "scum" in Portuguese. And yeah, turns out that it means the same in English [reference.com] (and probably that was the intent of your joke), but I don't see it being used metaphorically in English as much as it is in Portuguese.

    • by Verteiron ( 224042 ) * on Thursday May 05, 2005 @07:31PM (#12446972) Homepage
      Would be cool if the data becomes pirated.

      And can you just imagine what IBM would do to the bloody, tattered remains of SCO if SCO allowed the source to be leaked?

      Hell, all that needs to happen is for large chunks of the relevant code to begin appearing around the 'net. Whether an SCO screw up put them there or not, guess who's going to take the heat when IBM's lawyersharks hear about it?
    • Re:80 gig recompile (Score:3, Informative)

      by lspd ( 566786 )
      In all obviousness AIX does not contain SCO code, heck SCO is in no position to accuse that at all...

      In all obviousness AIX DOES contain SCO code. The point is where AIX matches with Linux, not where AIX matches with UNIX.
    • Comment removed (Score:4, Interesting)

      by account_deleted ( 4530225 ) on Thursday May 05, 2005 @09:19PM (#12447659)
      Comment removed based on user account deletion
  • Cool. (Score:5, Interesting)

    by WindBourne ( 631190 ) on Thursday May 05, 2005 @07:07PM (#12446763) Journal
    I wonder if IBM can build and sell a legal system that will be used for future litigation? I mean, when you think about it, if there is a standard way to solve dealing with large amounts of data for the purpose of a trial, it could help avoid wasted time. Imagine an IBM system digesting all of the MS e-mail and spitting it back out in a nice formatted report.
  • by Anonymous Coward on Thursday May 05, 2005 @07:07PM (#12446767)
    See if SCO sues IBM for delivering the evidence on a server running STOLEN linux source code?
  • by Reignking ( 832642 ) on Thursday May 05, 2005 @07:09PM (#12446783) Journal
    And now that the 400 have done the work, they will be part of the 13,000 fired [slashdot.org]...
  • by Anonymous Coward on Thursday May 05, 2005 @07:11PM (#12446809)

    SCO's stock price went up 2.79% [yahoo.com] today !
    someone must be feeling confident or is it pump to dump ? any day traders got any insight ?
  • by RayDude ( 798709 ) on Thursday May 05, 2005 @07:12PM (#12446818)
    At 50 bucks an hour (a low estimate I suspect) it cost IBM $235,000.00 to produce these documents.

    I wonder if they can sue SCO for costs and lawyers fees should they successfully defend the suit?

    Raydude
  • by miratrix ( 601203 ) * on Thursday May 05, 2005 @07:12PM (#12446819)
    EXHIBIT A

    System operation (Please read the AIX 5.2 documentation before attempting to use this system)

    To power up the system, press the power button on the front panel.
    To reboot the system, run the 'reboot' command as root.
    To shutdown the system run the 'shutdown -F' command as root.
    To power up after shutdown, press the power button on the front panel.

    Heh, not even user manuals have instructions like that anymore
  • Extortion (Score:5, Informative)

    by smokeslikeapoet ( 598750 ) <wfpearson&gmail,com> on Thursday May 05, 2005 @07:17PM (#12446863) Homepage Journal
    This is extortion plain and simple, and it would have killed any smaller company. If it was IBM trying to snuff out SCO, SCO would have gone under within months.

    I think this kind of stuff scares some smaller companies away from FOSS, because of a lack (perceived) of legal protection.

    Why do people get away with this stuff? Because attorneys are the extortionist and they exempt themselves from the law, because they write the law.
  • WTF? (Score:4, Funny)

    by pg110404 ( 836120 ) on Thursday May 05, 2005 @07:20PM (#12446899)
    That's 80 GB of source code,.......provided on CD

    Dude! Ever hear of DVD? 100+ CDs! That's an awfully large unnecessary stack of CDs.

    If IBM wins the suit, they can also countersue for the cost of the CDs.
  • by SpammersAreScum ( 697628 ) on Thursday May 05, 2005 @07:24PM (#12446915)
    A while back, SCO said it had "terminated IBM's right to use or distribute" AIX. IBM quite reasonably (and with Novell's backing) ignored this. Now, from the affidavit, we have:
    9. In accordance with the Court's January 18, 2005 Order, IBM identified and extracted from CMVC all of the source code, documentation, and other information related to the AIX operating system, built an AIX server loaded with the appropriate version of CMVC along with the source code and documentation related to the AIX operating system, tested the system to ensure it was functional, and delivered and installed the server to allow access to SCO.
    IBM built an AIX server to deliver everything to SCO. You gotta love it.
  • by BillsPetMonkey ( 654200 ) on Thursday May 05, 2005 @07:24PM (#12446918)
    who scanned for the SCO code. Thank goodness the job is done.

    The lawyers are happy, because they got paid, the shareholders are happy because their investment paid (this quarter), the CEO and board are happy because they got paid a bonus (again).

    The IBM employees? They get what they deserved. Every 13,000 of them. Welcome to capitalism - enjoy your stay!
  • by Locke2005 ( 849178 ) on Thursday May 05, 2005 @07:25PM (#12446925)
    ...soon to be followed by "IBM Gives SCO the Finger!"
  • I bet... (Score:3, Funny)

    by Anonymous Coward on Thursday May 05, 2005 @07:30PM (#12446963)
    It took more than 400 employees 4,700 hours of work to comb through IBM's source code repository and versioning system to assemble every possible scrap of AIX and Dynix source code (which SCO claims they improperly socked into Linux).

    Bet they wished they had OS X Tiger and Spotlight.
  • by 3seas ( 184403 ) on Thursday May 05, 2005 @07:32PM (#12446979) Homepage Journal
    ..... is the headlines you will be reading tomorrow after IBM wins this case and then sues for ownership of SCO and .....then puts whatever they find useful into linux....
  • by decep ( 137319 ) on Thursday May 05, 2005 @07:48PM (#12447095)
    #!/usr/bin/ksh

    echo "Searching for stolen code...."

    while [ 1 ]; do {

    #Make HDD LED go nuts
    dd if=/dev/zero count=10000000 of=5gbfile.out
    rm -f 5gbfile.out

    echo "No stolen code found."

    } done
  • Finally (Score:3, Interesting)

    by Anonymous Coward on Thursday May 05, 2005 @08:11PM (#12447241)
    The company I work for still has more than 500 boxes filled with print-outs of source code sitting in storage related to this matter [we consulted for two of the law firms working on IBM's behalf]. If SCO wants more, trust me, more is waiting.
  • by farble1670 ( 803356 ) on Thursday May 05, 2005 @08:29PM (#12447356)
    as previously reported on slashdot [slashdot.org], SCO's case does not hinge on discovery of copied source code.
  • by icepick72 ( 834363 ) on Thursday May 05, 2005 @08:30PM (#12447363)
    From the IBM DECLARATION pg 13:
    1. I declare under penatly of perjury that the foregoing is true and correct.

    It gives me great relief to see that spelling mistakes are just part of life, even in a document so great. It's not just me ... I can continue in life!

  • by chiph ( 523845 ) on Thursday May 05, 2005 @08:37PM (#12447408)
    IBM was sued by the Justice Department in the 1960-70's timeframe for being anti-competitive (IBM was trying to block firms like Amdahl & Fujitsu from making plug-compatible hardware, and others from making punch-cards that could be used in IBM machinery). IBM was required by the government to keep copies of all internal business correspondence.

    As a result, they filled up two rather large warehouses with documents, and told the feds: Here you go, have at it.

    At least with SCO, they gave them instructions on how to search.

    Chip H.
  • by HotNeedleOfInquiry ( 598897 ) on Thursday May 05, 2005 @08:45PM (#12447468)
    When they booted up the server.

    The use of this server constitues an agreement between SCO and International Business Machines (IBM). SCO agrees that SCO has no legal claim to any intellectual property, copywrite, or patent to any property of IBM or the free software community in general. SCO further agrees that McBride and Sontage are whinny poopbutts undeserving of any compensation, payment or consideration.
  • by drwho ( 4190 ) on Thursday May 05, 2005 @11:02PM (#12448208) Homepage Journal
    So, that's why the layoffs at IBM - they've finally finished discovery on the SCO case....
  • Finally... (Score:3, Funny)

    by dn15 ( 735502 ) on Friday May 06, 2005 @03:32AM (#12449255)
    ... it's about time we had another story about SCO. It's been too long.
  • by tmk ( 712144 ) on Friday May 06, 2005 @05:13AM (#12449479)
    Heise [heise.de] reports a funny detail:

    "In the past SCO complained they could not read the data IBM sent. The data was tar.gz-files."

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