[NCLUG] SCO (from Breaking news!...)

[listz at hate.cx]

Actually doesn't SCO have to prove that IBM has violated clean room practices.
You are convicting IBM and Linux prior to the release of any damning
information. IANAL, but why would IBM have to prove it's innocent? I thought in
the US SCO would have to prove IBM is guilty. There has been no proof of this
depite your claims that apparently you have personal experience the IBM doesn't
have clean room practices. Is this correct? Because you say below you have
"personal experience" in this matter. 

Just because SCO claims IBM doesn't have acceptable clean room pratcies doesn't
make it so, depite all your arguments to the contrary.

on Sat Aug 23 19:08, jbass at dmsd.com disclosed: 
> Daniel Miles <milesd at cs.colostate.edu> writes:
> > Why is it that you're so convinced that the clean-room was contaminated?
> 
> Besides my personal experience, one has to read the SCO amended complaint
> to see clearly that SCO is making this point the core of their case.
> 
> A complete reading of this complaint is highly educational, note in particular
> the statements around these specific sections, and the exact statements
> in the cause of action declarations:
> 
> 	89.  Among other actions, IBM misappropriated the confidential
> 	and proprietary information from SCO in Project Monterey.  IBM
> 	thereafter misused its access to the UNIX source code.
> 
> 	92.  IBM, however, was not and is not in a position legally to
> 	“open source any part of AIX that the Linux community considers
> 	valuable.”  Rather, IBM is obligated not to open source AIX because
> 	it contains SCO’s confidential and proprietary UNIX source code,
> 	derivative works and methods.
> 
> 	93. [...] That team of IBM programmers is improperly extracting and
> 	using SCO’s UNIX technology from the same building that was previously
> 	the UNIX Technology Center.   
> 
> 	95.  Again, “IBM’s AIX contributions” consisted of the improper
> 	extraction, use, and dissemination of SCO’S UNIX source code,
> 	derivative works and methods.
> 
> 	99.  Based on other published statements, IBM currently has over
> 	7,000 employees involved in the transfer of UNIX knowledge into
> 	the Linux business of IBM, Red Hat, Inc. and SuSE Linux AG (the
> 	largest European Linux distributor). On information and belief,
> 	a large number of the said IBM employees currently working in
> 	the transfer of UNIX to Linux have, or have had, access to the
> 	UNIX Software Code.
> 
> The failure to implement clean room transfers is soundly the declaration
> of section 99, and strongly stated as the basis in dozens of other
> declarations, a few of which are above. IBM's obligations under trade
> secret are substatially stronger than just under copyright.
> 
> The merits of the SCO complaint rest largely in this single issue, and
> for people to say that the SCO case has no merits, they need to prove
> these declarations wrong.
> 
> John
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