Welcome!

Open Source Cloud Authors: Zakia Bouachraoui, Elizabeth White, Liz McMillan, Pat Romanski, Yeshim Deniz

Related Topics: Open Source Cloud

Open Source Cloud: Article

SCO Subpoenas Linus, Others; IBM Returns the Favor

SCO Subpoenas Linus, Others; IBM Returns the Favor

On the SCO-IBM front, the SCO Group, in pressing its $3 million case against IBM, has subpoenaed:

Linus Torvalds, the creator of Linux and chief developer of the Linux kernel;

John Horsley, the general counsel of Transmeta, Torvalds' employer;

Richard Stallman, head of the Free Software Foundation, father of the GPL and industry gadfly;

Stuart Cohen, CEO of the Open Software Development Lab, where Torvalds works and where major vendors like IBM are stitching together enterprise-class versions of Linux;

A John Doe or Does at Novell, which once owned Unix, still claims enough residual rights in the thing to absolve IBM of any wrongdoing over SCO's head and now the shiny new owner of SUSE Linux;

And last but not least a John Doe at Digeo, which continues to officially employ Andrew Morton, the number two guy in Linux kernel development, although he's working on the kernel at OSDL, just like Torvalds. Torvalds has a similar arrangement with Transmeta.

SCO is gonna want to rummage through their e-mail and papers. For its part, IBM has subpoenaed three SCO investors, Baystar Capital, Deutsche Bank and Renaissance Ventures, as well as Yankee Group analyst Laura DiDio.

As some journalists were, DiDio was shown a slice of SCO's alleged proof that IBM poached its code and put it in Linux, said it looked like plagiarism to her and advised clients to proceed with caution and check the language of the indemnity clause in their contracts with IBM to see who exactly is liable. Needless to say IBM doesn't indemnify its Linux customers.

SCO calls the IBM subpoenas, especially the DiDio one, "harassment." It claims IBM is trying to bully its supporters into silence.

Presumably IBM is on a hunting expedition looking to get a better handle on whatever it is SCO has on them. SCO has yet to lay out its evidence, frustrating IBM and enraging the entire Linux community.

IBM is irked enough to have asked the court last week to order SCO to detail its allegations. SCO says it has turned over a million pages of documents to IBM. Evidently they don't resolve IBM's problem.

IBM might also be looking for evidence of unjust enrichment, given how SCO's stock price has soared. Besides being an investor, Deutsche Bank issued a "buy" recommendation on SCO last month after its analyst saw the purportedly plagiarized code and Renaissance published a report that said the SCO suit was "well founded."

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (1)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


IoT & Smart Cities Stories
Moroccanoil®, the global leader in oil-infused beauty, is thrilled to announce the NEW Moroccanoil Color Depositing Masks, a collection of dual-benefit hair masks that deposit pure pigments while providing the treatment benefits of a deep conditioning mask. The collection consists of seven curated shades for commitment-free, beautifully-colored hair that looks and feels healthy.
The textured-hair category is inarguably the hottest in the haircare space today. This has been driven by the proliferation of founder brands started by curly and coily consumers and savvy consumers who increasingly want products specifically for their texture type. This trend is underscored by the latest insights from NaturallyCurly's 2018 TextureTrends report, released today. According to the 2018 TextureTrends Report, more than 80 percent of women with curly and coily hair say they purcha...
The textured-hair category is inarguably the hottest in the haircare space today. This has been driven by the proliferation of founder brands started by curly and coily consumers and savvy consumers who increasingly want products specifically for their texture type. This trend is underscored by the latest insights from NaturallyCurly's 2018 TextureTrends report, released today. According to the 2018 TextureTrends Report, more than 80 percent of women with curly and coily hair say they purcha...
We all love the many benefits of natural plant oils, used as a deap treatment before shampooing, at home or at the beach, but is there an all-in-one solution for everyday intensive nutrition and modern styling?I am passionate about the benefits of natural extracts with tried-and-tested results, which I have used to develop my own brand (lemon for its acid ph, wheat germ for its fortifying action…). I wanted a product which combined caring and styling effects, and which could be used after shampo...
The platform combines the strengths of Singtel's extensive, intelligent network capabilities with Microsoft's cloud expertise to create a unique solution that sets new standards for IoT applications," said Mr Diomedes Kastanis, Head of IoT at Singtel. "Our solution provides speed, transparency and flexibility, paving the way for a more pervasive use of IoT to accelerate enterprises' digitalisation efforts. AI-powered intelligent connectivity over Microsoft Azure will be the fastest connected pat...
There are many examples of disruption in consumer space – Uber disrupting the cab industry, Airbnb disrupting the hospitality industry and so on; but have you wondered who is disrupting support and operations? AISERA helps make businesses and customers successful by offering consumer-like user experience for support and operations. We have built the world’s first AI-driven IT / HR / Cloud / Customer Support and Operations solution.
Codete accelerates their clients growth through technological expertise and experience. Codite team works with organizations to meet the challenges that digitalization presents. Their clients include digital start-ups as well as established enterprises in the IT industry. To stay competitive in a highly innovative IT industry, strong R&D departments and bold spin-off initiatives is a must. Codete Data Science and Software Architects teams help corporate clients to stay up to date with the mod...
At CloudEXPO Silicon Valley, June 24-26, 2019, Digital Transformation (DX) is a major focus with expanded DevOpsSUMMIT and FinTechEXPO programs within the DXWorldEXPO agenda. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term. A total of 88% of Fortune 500 companies from a generation ago are now out of business. Only 12% still survive. Similar percentages are found throug...
Druva is the global leader in Cloud Data Protection and Management, delivering the industry's first data management-as-a-service solution that aggregates data from endpoints, servers and cloud applications and leverages the public cloud to offer a single pane of glass to enable data protection, governance and intelligence-dramatically increasing the availability and visibility of business critical information, while reducing the risk, cost and complexity of managing and protecting it. Druva's...
BMC has unmatched experience in IT management, supporting 92 of the Forbes Global 100, and earning recognition as an ITSM Gartner Magic Quadrant Leader for five years running. Our solutions offer speed, agility, and efficiency to tackle business challenges in the areas of service management, automation, operations, and the mainframe.