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Darl, Blake and Chris Being Deposed
Tuesday, September 14 2004 @ 09:18 AM EDT

Well, well, lookee here. In the newest pile of documents, we find this nugget: a list of folks being deposed, on videotape, no less, shortly. Darl is being deposed. So is Chris Sontag, Blake Stowell, and Reg Broughton. You'll find the list on page 26 of this document, along with some hilarious letters between SCO and IBM. Here's the deposition list, and don't you just wish you could be a fly on the wall?

1. Mike Anderer - Sept. 21
2. John Terpstra - Sept. 23
3. Greg Anderson - Sept. 28
4. Philip Langer - Oct. 5
5. Greg Pettit - Oct. 7
6. John Maciaszek - Oct. 12
7. Jay Petersen - Oct. 14
8. Wolf Bauer - Oct. 19
9. Larry Gasparo - Oct. 21
10. Bob Bench - Oct. 26
11. Michael Davidson - Oct. 28
12. Blake Stowell - Nov. 2
13. Reg Broughton - Nov. 4
14. Chris Sontag - Nov. 9
15. Darl McBride - Nov. 16

These are all SCOfolk or ex-SCOfolk, some oldSCO, like Larry Gasparro. Several UNIX guys, I note, like John Maciaszek, SCO's UnixWare Product Manager who may know something about LKP and Project Monterey, and who handled some of the breakouts at SCOForum, Philip Langer, and Jay Petersen, who seems to be able to speak about the SCOSource licenses. Terpstra worked on UnitedLinux, of course. I understand Michael Davidson was in charge of Christopher Hellwig's work on the ABI project and worked on Xenix. I have heard he was involved in the USL-Novell purchase too. Greg Anderson was in partner relations, I'm told. Bob Bench on the list too, I see. I hope they ask him when those stock sale plans were set up and when they knew they were going to sue IBM. Mike Anderer you know. Wolf Bauer is their VP of Engineering, and had some involvement in the Linux Standards Base project, according to this report, and maybe some involvement in ELF documentation. Obviously, IBM knows what they are doing. I so hope we get to see these videos someday.


  


Darl, Blake and Chris Being Deposed | 144 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Transcription volunteers please
Authored by: MadScientist on Tuesday, September 14 2004 @ 09:43 AM EDT

[ Reply to This | # ]

The Official Groklaw Troll Section
Authored by: MadScientist on Tuesday, September 14 2004 @ 09:44 AM EDT

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: Anonymous on Tuesday, September 14 2004 @ 10:26 AM EDT
*turns out the lights and fires up the popcorn

[ Reply to This | # ]

Darl's video deposition
Authored by: belzecue on Tuesday, September 14 2004 @ 10:29 AM EDT
IBM: OK, now before we begin your video deposition, Mr McBride, we need to
tweak the camera a little, so if we can get you standing up against the wall
there... great, and if you'll hold this board up to your chest--

DARL: Oh? Oh, sure. This board with my name on it? This is like a
clapperboard, right? Like in Hollywood?

IBM: Kinda. Now if you'll smile right down the barrel of the camera...
fantastic. And if you can turn to your left, we'll just grab a quick profile
shot...

DARL: Like this? Is my hair okay?

IBM: Super. Hold for a few seconds more... <Mmmmmphhhhehehe> Terrific.
Thanks for your cooperation, Mr McBride.
<PhhhmmmmmmmHAAAARHAARHEEEHEEEhehe> I'll take that board and we can
proceed with your testimony...

[ Reply to This | # ]

Renaissance Ventures Deposition
Authored by: Anonymous on Tuesday, September 14 2004 @ 10:35 AM EDT
Does anyone know if Herb Jackson from Renaissance Ventures was deposed by IBM.
If so, when?

[ Reply to This | # ]

Broken PDF file
Authored by: Anonymous on Tuesday, September 14 2004 @ 10:37 AM EDT
Unable to open the list/ letters PDF file, get an error of "Does not begin
with %pdf"

[ Reply to This | # ]

Links & OT
Authored by: bsm2003 on Tuesday, September 14 2004 @ 10:41 AM EDT
Lawsuit Abuse Reduction Act of 2004 (Reported in House)

[ Reply to This | # ]

Darl deposed? Please don't get my hopes up
Authored by: Anonymous on Tuesday, September 14 2004 @ 11:14 AM EDT
Deposed - from Dictionary.com

1.
a. To remove from office or power.
b. To dethrone.

When I saw the headline I thought it meant that the shareholders/board/Canopy
were throwing Darl & Co out. When I read the article, I was very
disappointed to find that it actually meant:

2. Law.
a. To state or affirm in a deposition or by affidavit.
b. To take a deposition from.

Next time, can it please be "Darl Deposed" in the first sense?

[ Reply to This | # ]

Why isn't Ralph Yarro on the list?
Authored by: Anonymous on Tuesday, September 14 2004 @ 12:10 PM EDT
Why isn't Ralph Yarro on the list?

Wasn't he deposed by IBM before...or that deposition was blocked/delayed by his
attorneys, if I recall?

[ Reply to This | # ]

Procedural question
Authored by: Anonymous on Tuesday, September 14 2004 @ 12:12 PM EDT
Can the first-to-be-deposed share their statements with the later-to-be-deposed
before their deposition is started?

[ Reply to This | # ]

will depositions be sealed?
Authored by: decsnake on Tuesday, September 14 2004 @ 12:14 PM EDT
Who gets to decide if a deposition will be sealed? If its the deposee I assume
most or all of these will be sealed. If its IBM, then I guess these may be
available for our entertainment, er, uh, I mean education.

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: blacklight on Tuesday, September 14 2004 @ 12:14 PM EDT
The Chris Sontag being deposed? I expect that that part of the video should be
priceless, wherein he righteously crushes all of us unwashed unbelievers to a
mangled pulp with his technical expertise and he terrorizes the bejesus out of
the IBM team with his command of the legal and contract issues of the AT&T
contract. I have a feeling that he'll be more piteous than righteous, though.

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: Glenn on Tuesday, September 14 2004 @ 12:47 PM EDT
The interesting part is that the trio will be questioned under oath. It will
be interesting to see what the questions are and what the answers will be.
Q: Mr. McBride, did you indeed have three seprate teams do a "deep
dive" into Linux and did those teams find millions of lines of infringing
code."

Those three shlould be fun for the IBM lawyers.

Glenn

[ Reply to This | # ]

Washington Post finds Darl's Deep Diver
Authored by: Anonymous on Tuesday, September 14 2004 @ 12:56 PM EDT
http://www.washingtonpost.com/wp-dyn/articles/A45322-2004Aug29.html

[ Reply to This | # ]

Saving the Best For Last
Authored by: raynfala on Tuesday, September 14 2004 @ 01:14 PM EDT
Of course, that's "best" as in "most fun to toy with".

This is only a guess, but here's my theory on why they're putting Darl last on
the list:

There's an old saying by Mark Twain: "If you tell the truth, you don't have
to remember anything." This is all too appropriate here. The higher-ups
at TSG have been telling some real hard-to-swallow stories to the press (and
quite possibly the court, via their lawyers) over the past year. Now, they're
going under oath, so they'll have to get their stories straight, and herein lies
the rub. "Getting your stories straight" is easy if everybody tells
the truth, as the inconsistencies are subjective in nature, and that noise can
be filtered out by more refined questioning of the parties.

By contrast, "getting your stories straight" is a darn near impossible
task when you're being, ah, *creative*, especially when your stories are
scrutinized. As more details are demanded, the stories either break down from
failure to coordinate those details beforehand, or it just adds another thing
that the following people need to "recall" similarly to maintain
consistency.

So many folks are going to be deposed before Darl that the poor guy will have so
much to remember for purposes of "recalling" it correctly. Combine
that with the public statements that he's made, and he's going to have a rough
time trying to maintain consistency between his statements and everybody else's
statements, all the while trying to avoid stepping on various landmines.

Darl: "The GPL? Oh I just ADORE the GPL... love it, love it, loooooooove
it!"
IBM: "Well, what about this statement you made about the GPL being
unconstitutional back on--"
Darl: "Look! This is a picture of Chewbacca, and..."

As always, JMHO...

--Raynfala

[ Reply to This | # ]

IBM's DIscovery Non-compliance
Authored by: maco on Tuesday, September 14 2004 @ 01:44 PM EDT
Hatch (who sounds just like his father) keeps referring to IBM's having not
complied with discovery in regards to the "list of programmers".

Does anyone know what this is about and what factual basis there is?

[ Reply to This | # ]

Hey, I'm not gloating....
Authored by: Latesigner on Tuesday, September 14 2004 @ 01:49 PM EDT
Schadenfreude is so ugly.
But I'm reading. Oh am I reading.

[ Reply to This | # ]

I read too much into this......
Authored by: Anonymous on Tuesday, September 14 2004 @ 02:17 PM EDT
I understand Michael Davidson was in charge of Christopher Hellwig's work on the ABI project and worked on Xenix.

I asked about M$ buying part of oldsco(?) and getting Xenix (there it is again), and was answered that M$ got Xenix and "took", concepts and methods, incorporated parts of it into M$DOS, was that correct?
So if SCO wins on the "concepts and methods", forward looking that would mean M$ and their patent portfolio has everyone by the privates, but looking backward, M$ house of cards falls to pieces, they beat Apple/Mac because of a poorly written license and Billie-bob got his PCMac. so they loss if they win, at least in my eyes.

wb

[ Reply to This | # ]

Anderer at ex-Darl company
Authored by: Anonymous on Tuesday, September 14 2004 @ 03:31 PM EDT

Confirmed from the Yahoo board: Michael Anderer is on the board of a company that used to employ Darl. Hold your nose.

http://www.pointserve.com/c ompany_board.shtml

[ Reply to This | # ]

Game Day 15/09/2004 14:00MDT
Authored by: cxd on Tuesday, September 14 2004 @ 04:56 PM EDT
Just called the courthouse to see if we were on for a 14:00 hour MDT kick off
time. As of 14:41 today we are on for kickoff tomorrow.

Called some of the regulars to see about our fan base for the game. I am here
to report that there will be an above average turnout for our team. I will
check one more time with the clerks office tomorrow morning before heading over
to the court.

I am just so very excited about the game tomorrow. I guess or team colors would
be.......... black and white???

Everyone have a good rest tonight, say prayers for the team players (IBM) and
hope for a good result.

Have a super day.

cxd

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: Electric Dragon on Tuesday, September 14 2004 @ 06:19 PM EDT
At the bottom of the Notice of Video depositions, it says "The
depositions...will continue from day to day until completed." I also notice
that there is a week's gap between Sontag's deposition and Darl's - does this
imply that IBM anticipate Sontag being in the hot seat for several days? How
unfortunate for him <evil grin/>.

[ Reply to This | # ]

OT: Mike Anderer Being Deposed wish.
Authored by: DBLR on Wednesday, September 15 2004 @ 02:03 AM EDT
Being that IBM will depose Mike Anderer on my birthday, I wonder if IBM would be
nice and give me a birthday present. The present I ask IBM for is to give
Groklaw a text copy of what Mike and the other 14 have/had to say while being
Deposed.

I can dream can't I?

Charles

---

They who would give up an essential liberty for temporary security, deserve
neither liberty or security. Ben Franklin

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: dracoverdi on Wednesday, September 15 2004 @ 10:21 AM EDT
I wish "Darl Deposed" meant the same as "Manuel Noriega
Deposed"

---
The problem with ignorance is that the afflicted are unaware of their ailment

[ Reply to This | # ]

Darl, Blake and Chris Being Deposed
Authored by: pooky on Wednesday, September 15 2004 @ 10:21 AM EDT
Wow. I see dealing with SCO has been reduced to a kindergarten level. The entire
exchange could be summarized like this:

SCO: We demand a delay because you are being unreasonable.
IBM: No delays becuase you have already been and continue to be unreasonable.
SCO: No we aren't and haven't been, it's unreasonable for you to continue to
assert that.
IBM: Now who's being unreasnable? That's an unreasonable interpretation of our
assertion. We said no, but we might say yes if you agree not to be unreasonable
any more.
SCO: We obviously cannot agree to that, it's unreasonable. We have the right to
be unreasonable, the court said so.
IBM: That's not what the court said and it's a totally unreasonable
interpretation of the courts ruling. So no more delays except that we'll agree
to a delay so you can stop being unreasonable.
SCO: That's plainly unreasonable. You continue to deny us the right to be
unreasonable, the court said you have to let us, and we'll seek relief from the
court so we can be unreasonable if we have to.
IBM: That's totally unreasonable. No reasonable person could see it any other
way. You have had almost two years to be unreasonable, it's time to stop. No
delays.
SCO: Busted! You used the word "reasonable" instead of
"unreasonable". That's clearly contradictory, your motions are toast
buddy boy.

on and on and on....

This is obviously an exaggeration but it's the general feeling I get watching
them argue in letters and motions.

-pooky

---
If at First You Don't Succeed, Skydiving Isn't for You.

[ Reply to This | # ]

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