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No Legal Advice

The information on Groklaw is not intended to constitute legal advice. PJ is a paralegal, not a lawyer. Even when lawyers write or contribute to articles, it is still not legal advice, because the lawyers authoring the articles are not your lawyers.

What's New

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1 story in last 48 hours

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Preservation [+25]

New Filing -- Novell's Oppo... [+39]

New Filings -- Novell's bil... [+8]



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Preservation
Tuesday, January 06 2009 @ 04:23 AM EST

I'm back from vacation, and I feel refreshed. Just before I left, I asked the members to think about what we should do with Groklaw now that Novell won, and SCO has filed an appeal. As I pointed out, Groklaw has achieved everything it set out to do, and since there can normally be no new materials introduced in an appeal, might this be a good time to take a breath and work on perfecting the work we've done? This could drag on literally for years, but it won't be events happening daily as it used to be, and so I had some suggestions on how I thought we could use the lull.

One choice is just to keep going as we were, covering other topics as we were and other cases; another was to stop and fix up any flaws in our historical collection of every important event in the SCO saga; and a third was for me to train others to at least do News Picks and the Timelines and maybe have guest articles while I worked on filling in the gaps.

I've read now what Groklaw members advised me, and I've decided. I think we need to use this time to perfect our work and ensure Groklaw's preservation. It will require shutting down the daily articles and News Picks, at least for the forseeable future, but I'm convinced it's important to do it. One of the core purposes of Groklaw has always been to create a reliable record for historians and law schools to use our materials to teach and inform.

There is a very big problem, though, with digital preservation. Many members raised that issue with me, and so I decided that we do indeed need to address that. A university professor, as it happens, is working on a digital preservation project with his students, and I have been offered an opportunity to pick their brains, and I'm definitely going to do that. Digital preservation is no mean trick, and just as Groklaw has been cutting edge in other areas, I want to make a contribution by doing all I can to make sure our work doesn't fade away. We put our hearts and souls into putting together this library of SCO, UNIX and Linux history, and libraries have their own requirements and standards.

I would truly love to do both, because I love doing Groklaw, but I don't scale, so I had to choose. And I choose to make sure our work as fully reliable, comprehensive and, to the degree humanly possible, permanent. After we get the preservation work in gear, I will definitely begin to explain how to do a site like Groklaw. I have had a number of requests for information on how to create a site where the atmosphere is kept polite, for example. Actually, that's a book in itself. But I'll tell you what I have learned. FOSS's strength is that there's no one throat to choke, and the more people who know how to do a site like Groklaw, the better off FOSS will be. So that's my decision.

Would you like to know how you can help?


read more (1333 words) 25 comments  View Printable Version
Most Recent Post: 01/06 08:20AM by elronxenu

New Filing -- Novell's Opposition to SCO's Motion to Stay Taxation of Costs
Thursday, January 01 2009 @ 06:20 AM EST

One more new filing from Wednesday, this one from SCO v. Novell. Here's the docket entry:

12/31/2008 576 MEMORANDUM in Opposition re [575] MOTION to Stay Taxation of Costs filed by Defendant Novell, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Sneddon, Heather)

- The Groklaw Team


read more (823 words) 142 comments  View Printable Version
Most Recent Post: 01/06 06:20AM by Anonymous

New Filings -- Novell's bill of costs
Wednesday, December 31 2008 @ 04:53 PM EST

You'll see that SCO, despite telling the media yesterday that it would file a plan today, meeting the December 31st deadline set by the court, instead has filed for another delay. Other interesting filings are:
SCOGBK-639-4 -- pps. 4, 7 and 8, the winding up of the joint venture in China between China and its "partner". P. 7 mentions a company named Dascom. P. 8 has a notation "Research issues that a company will encounter if it does not receive audited financial statements

SCOGBK-639 -- p. 8, the Dorsey & Whitney additional pre-petition bills they didn't notice until now apparently

SCOGBK-641-1 -- the Stipulation between Novell and SCO regarding the trust money

SCOGBK-643-2 -- p. 4 lists two objectors to the omnibus motion, Feraci and Llyod [sic]

SCOGBK-644 -- the signed order based on the stipulation, regarding the constructive trust

The stipulation and order resolve Novell's motion for a constructive trust and Novell seeking the monies now. The stipulation has SCO stipulating to the existence of a constructive trust in favor of Novell in the amount Novell asked for, and it puts the money into a trust account, to be disbursed to Novell if SCO loses on appeal on the constructive trust issue.

read more (4116 words) 149 comments  View Printable Version
Most Recent Post: 01/05 07:03PM by Anonymous

A harvest of filings
Sunday, December 21 2008 @ 06:47 PM EST

PJ is obviously having a well deserved break. While she is resting, Groklaw's timelines are still maintained. To keep you up-to-date, here is a raw summary on the recent filings.

We hope you'll join us, the Groklaw technical team, in wishing Pamela all the best. Christmas and New Year are in sight. Take it easy.


read more (507 words) 626 comments  View Printable Version
Most Recent Post: 01/03 01:09PM by PolR

Linux Defenders - That Would Be You Guys, Actually
Tuesday, December 09 2008 @ 02:44 PM EST

The Open Invention Network, the Software Freedom Law Center, and the Linux Foundation have teamed up to create another tool to defend Linux from patents. It will be hosted by the NYU Peer to Patent folks, where Mark Webbink is now. It is called Linux Defenders, and that would be you, in that they are asking folks to provide prior art to block anyone else from patenting it. Over time, this could be very significant as a protective wall. Essentially, as I understand it, it works like this: Since it costs a prohibitive amount of money to file for patents, the workaround is defensive publication. That results in prior art which can then block patents on that prior art. Brilliant, my dear Watson. No kidding. This is a good idea. The Linux Defenders site describes defensive publication like this:
Defensive publications, which are endorsed by the USPTO as an IP rights management tool, are documents that provide descriptions and artwork of a product, device or method so that it enters the public domain and becomes prior art upon publication. This powerful preemptive disclosure prevents other parties from obtaining a patent on a product, device or method that is known though not previously patented. It enables the original inventor to ensure access to the invention across the community by preventing others from later.
So it's a cheap way to collect defensive prior art without having to apply for a patent. Of course, you can do that too. But most of us can't afford to get a patent, even for defensive purposes, but anyone, as they say, can do this.

read more (343 words) 604 comments  View Printable Version
Most Recent Post: 12/22 10:21PM by Anonymous

FSFE and GPL-Violations.org Release Guide to Handling License Violations
Tuesday, December 09 2008 @ 09:33 AM EST

Free Software Foundation Europe's Freedom Task Force (FTF) and GPL-Violations.org have just formed a partnership that has released a guide to reporting and fixing license violations.

"The best way to solve compliance issues is to prevent them happening in the first place", says Shane Coughlan, FTF Coordinator. "We work to support this by educating the community at large. When problems do occur, we want people to be able to share information and resolve them effectively."

Of course, the ideal is for there to be no license violations, but when they happen, it's good to know how to handle it without making things worse. I notice that they suggest being careful about posting a suspected violation on a public message board. When I took a course in the GPL from the FSF some years back, from the US perspective, they said exactly the same thing. For one thing, most violations are not intentional, so why make it harder to resolve it by branding someone in public? There are better and friendlier ways. So what should you do instead? And if you are a business accused of such a violation, what are some tips to resolving it quickly and effectively? One, I see, on the top of the list is do acknowledge quickly receiving word of the allegation. Read on for the rest of their advice, based on their experience handling such matters.


read more (580 words) 59 comments  View Printable Version
Most Recent Post: 12/18 08:54PM by Anonymous

The Psystar Public License
Friday, December 05 2008 @ 01:04 AM EST

This is for all you "freedom lovers" who got it in your heads that Psystar was fighting against EULAs. Here you go, a reader sent me Psystar's very own Psystar Public License, version 1.0.

1.0. Chortle. Get it while it's hot. That's my advice.

Please allow me to give you a brief tour, hitting the highlights. We'll start with the opening paragraph:

Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
OMG. You mean I have to agree to Psystar's terms or I can't use the software? Like... um... that meanie Apple? Wait. Wait. How can that be? I thought Apple was supposedly the "bad guy" and Psystar was going to liberate its code for the good of mankind?

Folks, did you really think Psystar was fighting to overturn EULAs and set software code free? If you did, please keep reading.


read more (1984 words) 532 comments  View Printable Version
Most Recent Post: 12/16 04:19AM by Erwan

David Boies Gets a Letter From the Appeals Court Chief Clerk
Wednesday, December 03 2008 @ 07:51 PM EST

OK. I'm kidding around. It's probably just a form letter, not directed particularly to Boies or any other lawyers cc'd on the letter. It's from the Clerk of the Court of the Appeals Court for the Tenth Circuit. It's full of instructions, which will show you why appellate practice can be very annoying and why it costs you even if you paid your lawyer already ("In addition to the docketing statement, all transcripts must be ordered within 10 days of the date of this letter.... An original and 7 copies of briefs must be filed.")

Given the history, you'll have to forgive me for smiling when I read the following:

Motions for extensions of time to file briefs and appendixes are not favored and will not be granted unless they comply with 10th Cir. R. 27.3.
They don't know the Boies Boyz like we do, huh? Well, time will tell who wins that battle. My money is on the BBs. Meanwhile, the letter answers a question I had, which is that in their opening brief, which must be filed soon ("within 40 days after the date on which the district clerk notifies the parties and the circuit clerk that the record is complete for purposes of appeal"), SCO can appeal any "appropriate" aspect of the case they want to, as they are not limited to the very brief notice of appeal. So, even though they only mentioned by name the August 2007 order and the final judgment, they can bring up the July 2008 decision and the decision on the earlier Novell motion to have a trial before only a judge, not by jury.

So, this letter tells us where to find answers to our questions too.


read more (1166 words) 151 comments  View Printable Version
Most Recent Post: 12/08 03:03PM by Arthur Marsh

Apple Tells Court It Believes Someone Is Behind Psystar; Adds New Claims, Including DMCA Violation
Wednesday, December 03 2008 @ 04:29 AM EST

Apple has filed a motion to amend its complaint [PDF] to add a claim of violation of the DMCA, among other new and enlarged claims. Here's the proposed Amended Complaint [PDF]. So, not only have all of Psystar's counterclaims been thrown out, but now it faces new claims. But here's the big news. Apple alleges that it believes there are corporations and/or individuals behind Psystar, who may be added as defendants once Apple in discovery finds out who they are. Woah. Here's the new paragraph that made my eyes bug out:
18. On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the “John Doe Defendants”). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple’s intellectual property rights, breached or induced the breach of Apple’s license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants’ true names and capacities when they are ascertained.
So, Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night's case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, "It gets interestinger and interestinger.”

read more (18849 words) 336 comments  View Printable Version
Most Recent Post: 12/14 03:51PM by Anonymous

Analysis on Balance - Standardisation and Patents - by Georg Greve, President, FSFE
Tuesday, December 02 2008 @ 01:12 PM EST

Analysis on balance - Standardisation and Patents
- by Georg C. F. Greve
FSFE, President

This paper provides an analysis of the interaction of patents and standards and finishes with some concrete proposals to address the most pressing issues. It was written under the assumption of very little background knowledge, and therefore provides some of the background necessary to understand the issue. An expert in the field should be able to skip the Background section.

Introduction

Software patents have been a hugely controversial debate, with lines of battle drawn primarily between large corporations holding large patent portfolios and engaged in multiple cross-licensing deals, and the Have-Nots, entrepreneurs, small and medium enterprises, and software users from the student using GNU/Linux all the way to institutional users in governments.

This debate got a lot quieter with the rejection of the software patent directive in 2005. Its place in the headlines was taken by other debates, such as standardisaton. Open Standards have been a buzzword for years, but never has this term been discussed more intensively.

On Wednesday, 19 November 2008, both debates met in Brussels at a workshop titled "IPR in ICT standardisation", although "Patents in ICT standardisation" would have been a more suitable name because the discussion was exlusively about the interaction of patents and ICT standardisation.

Patents and standards are fundamentally at odds, so many people call for a balance between patents and standards. This article comments upon the workshop and explains why standards should prevail over patents at least in the area of software.


read more (4486 words) 48 comments  View Printable Version
Most Recent Post: 12/07 07:00PM by Anonymous

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