http://www.unix.com/ The latest news covering Solaris, RedHat, Ubuntu, Debian, Slackware, HP-UX, AIX, BSD, Apple OS X and more! en Fri, 20 Nov 2009 22:00:12 GMT vBulletin 5 http://solaris.unix.com/images/misc/rss.jpg http://www.unix.com/ http://www.unix.com/unix-linux-rss-news/124209-microsoft-files-cross-motion-dismiss-novells-wordperfect-antitrust-case-novell-opposes-new-post.html Fri, 20 Nov 2009 00:00:04 GMT There are more filings in the Novell v. Microsoft (http://www.groklaw.net/staticpages/index.php?page=20041115070558892) antitrust case over WordPerfect. Many, many more, mainly exhibits, a total of about 2,540 pages. Some exhibits themselves run to nearly 200 pages, and Novell has 158 exhibits.... There are more filings in the Novell v. Microsoft antitrust case over WordPerfect. Many, many more, mainly exhibits, a total of about 2,540 pages. Some exhibits themselves run to nearly 200 pages, and Novell has 158 exhibits. So, what is happening?
Last time we looked in on this case, the parties had filed summary judgment motions. Now Microsoft has filed a cross motion asking the court to dismiss Novell's complaint, and Novell has filed a response in opposition. Very much at issue are exhibits in the Comes antitrust case against Microsoft. Believe it or not, no one had adequately set up a database system to be able to search through the exhibits efficiently. So Novell wanted Microsoft to look for what it was asking for in discovery, and Microsoft wanted Novell to have to do that. And the court didn't press Microsoft much. And so at the end of the day, there was no evidence on some key points that either party could find.
Groklaw is now working on such a searchable system, which we hope will be available in about a week's time, if all keeps going well, so you and I and the world can search the exhibits easily. It may be too late for this litigation, and there may not be any more relevant evidence to find -- how I wish I'd known there was this need earlier -- but now that we know, we are working on it and at least it will be in place for others.Anyway, while the database Microsoft has is more complete than the Comes materials made public in that litigation, we certainly can arrange what we have better than that, and we are just a bunch of volunteers. Capice?
If you look carefully, you will see that one of the emails [PDF] we posted on that last article is now referenced in Novell's Response as footnote 4 (I think the Hassid affidavit has transposed 4 and 5, by the way). It could be coincidence. But if not, this is surely worth doing. Anyway, it's what Groklaw was born for. It's Open Source, so many eyeballs make bugs shallow. If they belong to geeks, you can throw in some technology, and solutions are possible that law firms often can't achieve on their own. And yes, if it were the other side searching, I'd still do it, although I'd have some questions about the plausibility of such an expressed need in this case.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/124209-microsoft-files-cross-motion-dismiss-novells-wordperfect-antitrust-case-novell-opposes.html http://www.unix.com/unix-linux-rss-news/124089-notice-agenda-fridays-bankruptcy-hearing-gray-motion-autozone-sealing-objection-new-post.html Wed, 18 Nov 2009 21:15:03 GMT So, what is on the agenda for Friday's hearing in the SCO bankruptcy? Several items are listed, but only two are contested.
The AutoZone settlement agreement received no written objections, but the U.S. Trustee's office does have an "informal" objection to the sealing of its terms. That means that will be at least discussed, unless they can get it resolved before Friday, and the Notice of Agenda says they're working on that. The U.S. Trustee's Office has been on the ball from the starting gate.
The motion by Wayne Gray to lift the stay will also be argued at that hearing. SCO's Chapter 11 Trustee, Edward Cahn, objected and Gray responded, so it's game on. The hearing should be pure fascination, to say the least. But I doubt the outcome is hard to guess.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/124089-notice-agenda-fridays-bankruptcy-hearing-gray-motion-autozone-sealing-objection.html http://www.unix.com/unix-linux-rss-news/124088-new-committer-matthias-andree-ports-new-post.html Wed, 18 Nov 2009 21:15:03 GMT More... (http://www.FreeBSD.org/news/newsflash.html#event20091118:01) More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/124088-new-committer-matthias-andree-ports.html http://www.unix.com/unix-linux-rss-news/123932-why-gpl-sinks-scos-copyright-infringement-claims-even-if-owned-copyrights-new-post.html Tue, 17 Nov 2009 08:30:04 GMT I've started to wonder if Novell or IBM has explained to SCO's Chapter 11 Trustee Edward Cahn how the GPL works. It cuts through all the other ways SCO is bound to lose, in my view. Then, I thought: why not just explain it myself? You never know. It might prove useful to put it all in one place. So, here goes, SCO and the GPL.
As you may recall, if you've been around since 2003, SCO's position on the GPL has been that while it may have distributed its code under the GPL, it didn't mean to do it, that it never knowingly distributed Unix or Unixware code under the GPL. I'd like to briefly explain why that excuse doesn't matter to either Novell or IBM. IBM of course has always taken the position that it hasn't infringed any copyrights, no matter who owns them. But let's take SCO's words at face value, and pretend that they are true. Then how does the GPL moot their claims?

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123932-why-gpl-sinks-scos-copyright-infringement-claims-even-if-owned-copyrights.html http://www.unix.com/unix-linux-rss-news/123930-hp-printer-drivers-mac-os-x-v10-6-2-3-a-new-post.html Tue, 17 Nov 2009 08:30:04 GMT 11-16-2009 04:00 AM Image: http://images.apple.com/downloads/macosx/apple/firmware_hardware/images/hpprinterdriversformacosxv106_20090828153149-thumb.jpg (http://www.apple.com/downloads/macosx/apple/macosx_updates/hpprinterdriversformacosxv106.html)*About HP Printer Drivers for Mac OS X v10.6*... 11-16-2009 04:00 AM

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More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123930-hp-printer-drivers-mac-os-x-v10-6-2-3-a.html http://www.unix.com/unix-linux-rss-news/123883-cahn-objects-wayne-grays-motion-lift-stay-new-post.html Mon, 16 Nov 2009 20:17:13 GMT SCO's Chapter 11 Trustee Edward Cahn has filed an objection to the Wayne Gray motion to lift the stay. Cahn says that to characterize the Wayne Gray motion as "highly irregular" would be "an understatement".

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123883-cahn-objects-wayne-grays-motion-lift-stay.html http://www.unix.com/unix-linux-rss-news/123768-apple-wins-like-champ-psystar-toast-what-youre-surprised-new-post.html Sat, 14 Nov 2009 16:00:05 GMT Psystar just got what's coming to them in the California case. Here's the order [PDF]. It's a total massacre. Psystar's first sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.
Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse.
There are still issues remaining for trial, despite Psystar's attempt to present everything now as being moot. Here's what's left to be decided at trial: Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition. See anything on that list that will be helpful to Psystar?
So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast. Psystar's only hope now is Florida, and frankly I wouldn't bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.
You're surprised? I told you, I told you, I told you. So, to those who feel crushed at the moment, there could be an appeal, I suppose. And if you want freedom for your code, you certainly can find it on Planet Earth. Look in the right direction. You'll be happy you did, because you can hack away to your heart's content, and it's perfectly legal. The court's message is clear: EULAs mean what they say; if you don't want to abide by its license, leave Apple's stuff alone.
We have the order for you as text.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123768-apple-wins-like-champ-psystar-toast-what-youre-surprised.html http://www.unix.com/unix-linux-rss-news/123694-bankruptcy-court-reschedules-sco-omnibus-hearing-dec-30-bert-young-gets-job-new-post.html Fri, 13 Nov 2009 13:45:06 GMT The omnibus hearing scheduled for December 22nd will be held on December 30th instead. That's the one on SUSE's motion to lift the stay, I believe, so it is one not to be missed.
And Bert Young has a new job. He is now CFO at a company called Benefitfocus, located in South Carolina.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123694-bankruptcy-court-reschedules-sco-omnibus-hearing-dec-30-bert-young-gets-job.html http://www.unix.com/unix-linux-rss-news/123655-freebsd-8-0-rc3-available-new-post.html Fri, 13 Nov 2009 01:30:06 GMT More... (http://www.FreeBSD.org/news/newsflash.html#event20091112:01) More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123655-freebsd-8-0-rc3-available.html http://www.unix.com/unix-linux-rss-news/123555-microsoft-patents-sudo-new-post.html Thu, 12 Nov 2009 01:00:06 GMT Lordy, lordy, lordy. They have no shame. It appears that Microsoft has just patented sudo, a personalized version of it.
Here it is, patent number7617530. Thanks, USPTO, for giving Microsoft, which is already a monopoly, a monopoly on something that's been in use since 1980 and wasn't invented by Microsoft. Here's Wikipedia's description of sudo, which you can meaningfully compare to Microsoft's description of its "invention".
This is why what the US Supreme Court does about software patents means so much. Hopefully they will address the topic in their decision on Bilski. Sudo is an integral part of the functioning of GNU/Linux systems, and you use it in Mac OSX also. Maybe the Supreme Court doesn't know that, and maybe the USPTO didn't realize it. But do you believe Microsoft knows it?
Perhaps Microsoft would like everyone in the world to pay them a toll at least, even if they don't want to use Microsoft's software? Like SCO, but with more muscle behind the request? Or maybe it might be used as a barrier to competition? What do you personally believe Microsoft wants patents on things like sudo for? To make sure innovative new companies can compete on an even playing field with Microsoft?

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123555-microsoft-patents-sudo.html http://www.unix.com/unix-linux-rss-news/123554-explanation-computation-theory-lawyers-new-post.html Thu, 12 Nov 2009 01:00:06 GMT If I had to describe the fairly universal geek reaction to the oral argument at the US Supreme Court on Monday in In Re Bilski, I would have to say it's a worry that some of the participants didn't seem to understand computers or the tech behind software very well.
Groklaw member PolR has written an explanation for lawyers of computation theory to try to fill a gap in their knowledge that he has observed from reading legal briefs

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123554-explanation-computation-theory-lawyers.html http://www.unix.com/unix-linux-rss-news/123448-suse-moves-lift-stay-arbitration-novell-asks-consolidate-ibm-litigation-have-both-new-post.html Wed, 11 Nov 2009 00:45:06 GMT Novell has made two moves. In bankruptcy court, SUSE asks that the stay be lifted so the arbitration can go forward. And in Utah, Novell has filed a Notice of Related Proceeding, asking that the SCO v. Novell and SCO v. IBM litigations either be consolidated with SCO v. IBM or at least be... Novell has made two moves. In bankruptcy court, SUSE asks that the stay be lifted so the arbitration can go forward. And in Utah, Novell has filed a Notice of Related Proceeding, asking that the SCO v. Novell and SCO v. IBM litigations either be consolidated with SCO v. IBM or at least be assigned to the same judge, Tena Campbell.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123448-suse-moves-lift-stay-arbitration-novell-asks-consolidate-ibm-litigation-have-both.html http://www.unix.com/unix-linux-rss-news/123400-re-bilski-transcript-todays-oral-argument-us-supreme-court-updated-2xs-new-post.html Tue, 10 Nov 2009 12:30:04 GMT I know you are dying to know what happened today in oral argument in In Re Bilski before the US Supreme Court. Here is the transcript [PDF] so you can read it for yourself and not have to depend on me or any journalist.
For sure the questions from the court to Bilski's attorney, J. Michael Jakes, and to the attorney for the government, Deputy Solicitor General Malcolm L. Stewart, are interesting. I conclude that the justices are way ahead of them on just how crazy the current patent system has become. Thank heaven there were so many amicus briefs, because reasonable, logical arguments were few and far between from either attorney, in my view, in that they each seemed to argue very much for the status quo, or in the case of Bilski's lawyer for an even broader free-for-all in patentability.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123400-re-bilski-transcript-todays-oral-argument-us-supreme-court-updated-2xs.html http://www.unix.com/unix-linux-rss-news/123350-mac-os-x-v10-6-2-update-new-post.html Tue, 10 Nov 2009 00:15:08 GMT 11-09-2009 04:00 AM Image: http://images.apple.com/downloads/macosx/apple/macosx_updates/images/macosxv1062update_20091109143933-thumb.jpg (http://www.apple.com/downloads/macosx/apple/macosx_updates/macosxv1062update.html)*About Mac OS X v10.6.2 Update* The world’s most advanced operating... 11-09-2009 04:00 AM

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More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123350-mac-os-x-v10-6-2-update.html http://www.unix.com/unix-linux-rss-news/123331-deep-dive-video-java-warehouse-java-store-new-post.html Mon, 09 Nov 2009 20:15:01 GMT Join Bernard Traversat, Director of Engineering for the Java Store, as he discusses and demonstrates the latest advancement in Java technology: the consumer Java Store and the Java Warehouse for developers. More... (http://java.sun.com/developer/media/deepdivejavawarehouse.jsp) Join Bernard Traversat, Director of Engineering for the Java Store, as he discusses and demonstrates the latest advancement in Java technology: the consumer Java Store and the Java Warehouse for developers.

More... ]]> UNIX and Linux RSS News iBot http://www.unix.com/unix-linux-rss-news/123331-deep-dive-video-java-warehouse-java-store.html