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| New Subpoenas by IBM |
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Monday, January 24 2005 @ 06:59 AM EST
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New Pacer entries show fascinating activity by IBM. First prize to whoever figures out what they are doing. I acknowledge I have no clue what Sherwin-Williams has to do with this, but clearly something new is up. As you can see in Pacer entries 381 and 382, IBM has sent subpoenas to Autozone, Sherwin-Williams, Intel, Target, Oracle, and Computer Associates:
1/19/05 -- 380 -- Motion by CNET Networks, Forbes for Joinder RE: [340-1]
motion to intervene and to unseal court's file by G2
Computer Intel, to intervene (joined with [340-1] motion
by G2 Computer Intelligence), and to unseal court files
(joined with [340-1] motion by G2 Computer Intelligence)
(tsh) [Entry date 01/21/05]
1/19/05 -- 381 -- Certificate of service by Intl Bus Mach Inc re: Subpoenas
Duces Tecum issued to: Target Corporation; Autozone, Inc.;
Sherwin-Williams Corp.; and Intel Corporation. (Note: Filing not considered a return of service executed as there
was no proof of service/declaration of server included with
these documents.) (tsh) [Entry date 01/21/05]
1/19/05 -- 382 -- Certificate of service by Intl Bus Mach Inc re: Subpoenas
issued to Oracle Corp. and Computer Associates, Inc. (Note: Filing not considered a return of service executed as there
was no proof of service/declaration of server included with
these documents.) (tsh) [Entry date 01/21/05]
The reason it looks like something new is IBM subpoenaed Oracle back in April. They already asked them to turn over: - all documents concerning any communications with SCO and/or Canopy regarding Unix or Linux;
- all documents concerning any meetings between SCO and/or Canopy regarding Unix or Linux;
- all documents concerning any agreements relating to Unix or Linux, including but not limited to licenses, license agreements, software agreements and sublicensing agreements;
- all documents concerning all efforts by Oracle to ensure or maintian the secrecy or confidentiality of any Unix source code, know-how, ideas, concepts, techniques, or methods to any person;
- all documents concerning any agreements or understandings (written or oral) between Oracle and SCO;
- all documents concerning any business relations (past, present or prospective) between Oracle and SCO.
What else could they possibly ask for or about? A reader found this and wonders if there is a database angle. Wait a second. Could this be the Sherwin-Williams connection, that they switched from SCO UNIX to Linux in 2002 with the help of IBM? We know about AutoZone. Target was listed as a SCO customer in the original SCO complaint. I'm starting to see some breadcrumbs on the pathway.
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| Authored by: minkwe on Monday, January 24 2005 @ 07:18 AM EST |
So C|Net and Forbes want to unseal records as well huh! Isn't that a bit late?
---
"Corporate views on IP law might be described as similar to a 2-year-old's
concept of who gets to play with all the toys regardless of who brought them" --
PJ[ Reply to This | # ]
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| Authored by: fudisbad on Monday, January 24 2005 @ 07:22 AM EST |
For current events, legal filings and CC10 rulings.
Please make links clickable.
---
See my bio for copyright details re: this post.
This subliminal message has been brought to you by Microsoft.[ Reply to This | # ]
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| Authored by: chris_bloke on Monday, January 24 2005 @ 07:24 AM EST |
| Where and what... [ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 07:36 AM EST |
| The subpoenas sent to Autozone, Sherwin-Williams and Target
concern the claim of
interference with contract, in my opinion.
See response to interrogatory 8
in
"SCO's Revised Supplemental Response to IBM's First and Second Set of
Interrogatories"
[ Reply to This | # ]
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| Authored by: fudisbad on Monday, January 24 2005 @ 07:37 AM EST |
| Computer Associates apparently bought some SCOsource licenses from SCO, or so
Darl claims. See this Groklaw
article.
Oracle are one of SCO's partners. I'm not too sure whether SCO
OpenServer/Unixware/other obsolete products come bundled with Oracle software.
This one is from the SCO
website. ---
See my bio for copyright details re: this post.
This subliminal message has been brought to you by Microsoft. [ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 07:38 AM EST |
Could IBM be searching for evidence of SCO's attempt to get licensing money form
these folks? Perhaps SCO said something they shouldn't have and IBM is
collecting stones for the Nazgul slingshots?[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 07:43 AM EST |
(I'm not pretending this list is complete, but it might save you some
searching)
http://opensource.berlios.de/halloween/halloween9.php
Forbes, Zdnet, LinuxBusinessWeek articles:
http://www.forbes.com/2003/08/05/cz_dl_0805ibmlinux.html
http://news.zdnet.com/2100-3513_22-991922.html
http://www.linuxbusinessweek.com/story/34869.htm
IMB's Sherwin-Williams 'Success Story'
http://www-1.ibm.com/linux/linuxline/jun02/chain_store.shtml
SCO-source document:
http://www.caldera.com/scosource/complaint3.06.03.html
(gotta wash my hands now...)
Groklaw:
Chart of SCO's Amended Complaints and IBM's 2nd Amended Answer
http://gl.scofacts.org/gl-20040508214237601.html
'Twiki'
http://twiki.iwethey.org/twiki/bin/view/Main/SCOvsIBMAnalysis
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:03 AM EST |
My guess is IBM is trying to establish a pattern of conduct when it came to
handling SCO code when making the switch from SCO/Unix to Linux.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:05 AM EST |
SCO claimed it never offered/sold/requried licenses for running Linux. I believe
IBM is looking to prove otherwise. This is to peg SCO for violating the GPL and
get SCO for violating IBMs copyright.
[ Reply to This | # ]
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| Authored by: Lauritz on Monday, January 24 2005 @ 08:08 AM EST |
From the "Sherwin-Williams connection" article it seems, that
Sherwin-Williams was just an IBM customer. Some of the other companies also just
seems like "by-standers". So, since it might be quite a large burden
on a company to respond to a subpoena, would it be common practice for IBM to
have asked/informed the companies before filing the subpoena and/or paying them
for their troubles?[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:14 AM EST |
I know this is just speculation (there are no facts to back it up), but: what if
the subpoena's are for obtaining information about Microsoft? That would be
something new. Or is this not possible in this phase of litigation?[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:16 AM EST |
Sherwin-Williams was mentioned in the original complaint:
http://www.groklaw.net/article.php?story=20040704170212250
at number 31 and 125, the most significant being 125.
" THIRD CAUSE OF ACTION (Interference with Contract)...
125. IBM, directly and through its Linux distribution partners, has
intentionally and without justification induced SCO’s customers and licensees to
breach their corporate licensing agreements, including but not limited to,
inducing the customers to reverse engineer, decompile, translate, create
derivative works, modify or otherwise use the UNIX software in ways in violation
of the license agreements. These customers include Sherwin Williams, Papa
John’s Pizza, and Auto Zone, among others. The licensees include
Hewlett-Packard, Fujitsu, NEC and Toshiba, among others."
Note that Autozone is also mentioned in this one, together with
Sherwin-Williams.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:34 AM EST |
I can vouch for the fact that Sherwin-Williams switched to IBM hardware and
Linux of some variant a couple years back. Not only that, but they have been
ecstatic about it, from all reports. Since I saw some of the store-level
switchouts happen, it was a VERY smooth transition.
Perhaps it was the smoothness of the transition that has the subpeonas going
out. IBM may be pre-empting any claim that SCO's code was used as part of the
transition. By carefully showing that Sherwin-Williams transitioned over
successfully and smoothly without any of SCO's *Supreme Holy IP*, they can
basically prove that not only is it possible to do it, but IBM would be
extremely likely to do it right, without violating contracts or laws.
Brian[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 08:38 AM EST |
Sherwin-Williams had a store operating system that ran on SCO, as did AutoZone.
Sage Software systems would be another good bet: They used to sell M*A*S-90
accounting software that ran on SCO via a BASIC interpeter from Basis
International. M*A*S-90 used to be fairly popular, and a lot of people still
have it. At one time it was announced that the SCO M*A*S-90 product would be
discontinued, I don't know if it was or wasn't.
There were also accounting packages from Great Plains and Open Systems that ran
on SCO.[ Reply to This | # ]
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| Authored by: rsteinmetz70112 on Monday, January 24 2005 @ 11:22 AM EST |
As you will all recall J. Greer, a former AutoZone employee, stated on Groklaw
that Caldera was interested in helping AutoZone's migration from SCO to Linux,
pre-Darl.
I wonder if IBM is seeking confirmation that Caldera was actively marketing
Linux migration services, after they purchased the assets from SCO? This could
create a significant estoppal problem for SCOG, especially if the actually made
a proposal to do the work.
While I'm thinking of it, has anyone heard if Mr. Greer was deposed in the
AutoZone case? At the last AZ hearing I think SCOG offered that a deposition of
Mr. Greer might clear up a lot of the issues. The implication was that his
deposition was going to happen relatively soon. This may be part of what IBM is
subpoenaing, although it would seem easier to get from SCOG.
---
Rsteinmetz
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk[ Reply to This | # ]
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| Authored by: Jhimbo on Monday, January 24 2005 @ 11:29 AM EST |
It's even funnier if you set route type to
"quickest". The effect is a "grand tour" via the ferry to
Newcastle-on-Tyne, onward to the M25 (to avoid London)
and the Channel Tunnel. You then motor through the Netherlands, Germany, and
Denmark, before taking the
ferry to Sweden and finally arriving in Trondheim!
Can any Norwegian correspodents kindly confirm that there is no road between
Trondheim and Haugesund?
--
Jhimbo[ Reply to This | # ]
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| Authored by: jto on Monday, January 24 2005 @ 12:57 PM EST |
Sherwin-Williams Chooses a Big Blue Shade of Linux
Flexibility Key
to Paint Company Relying on IBM for its Store Technology
infrastructure
CLEVELAND--May 23, 2002--Sherwin-Williams today announced it
has chosen IBM to provide the store technology infrastructure for the company's
more than 2,500 stores in the U.S., Canada and Puerto Rico in what is one of the
first and largest deployments of the Linux open source operating system in a
chain store environment.
The largest paint company in the U.S. is turning to
IBM for the technology and services to support its customers in a multi-store
environment, improve customer service and create an innovative, flexible
front-end system and user-friendly experience.
By selecting IBM's portfolio
of services, consulting and IBM NetVista personal computers running Turbolinux,
Sherwin-Williams establishes the platform for future improvements, upgrades
hardware and software without disrupting store operations, provides new in-store
features such as e-mail, intranet browsing, and office productivity software and
implements a fast and open platform for quick resolution of technical
issues.
"Maintaining leadership in a competitive environment requires us to
have flexible technical solutions, and to build a customer facing platform that
can be easily integrated with our future and existing systems," said Bill
Thompson, Director of Information Technology for Sherwin-Williams' Paint Stores
Group. "The solution we've developed with IBM will help us do that."
The
company worked with a Linux services team from IBM Global Services to design and
integrate an in-store network that will consist of 9700 IBM NetVista M41 small
desktop personal computers for all 2500-plus stores, all running Linux. In
addition, all peripherals such as printers, scanners, cash drawers and switches
will be Linux compatible, offering a flexible, open architecture that is easily
adaptable with inventory and sales applications running on the Linux platform at
workstations throughout the Sherwin-Williams chain. One desktop PC will serve as
an in-store server and another as a manager's workstation, improving customer
service by enabling accessibility to both servers and their respective
applications from any workstation in the store.
Sherwin-Williams' paint
tinting and color matching applications will also be tied into the network,
enabling the formulas for custom paint blends to be filed and kept securely for
the customer's next project. The Sherwin-Williams' Point of Sale and inventory
applications will run in the Linux environment. Sherwin-Williams will be using
IBM E74 color monitors, a 17-inch CRT monitor ideally suited for accurate
display of colors and information.
Pilot installations have already taken
place in stores in the Cleveland area. Main deployment will begin in July and
completed by second quarter 2003. The Sherwin-Williams project team designed,
engineered, and developed the overall solution. IBM Global Services will
continue to provide Linux consulting, integration, project management,
installation and OEM procurement.
"Linux is truly a business-friendly
operating system that simplifies the technical infrastructure," said Patricia
Gibbs, IBM vice president, Linux Services. "It can also seamlessly integrate and
thus enhance the quality of service and relationships with all of a company's
constituencies -- its customers, employees, vendors and suppliers.
Sherwin-Williams understands this, and is installing Linux-based technology in a
highly visible, mission-critical area because it provides open-ended flexibility
for whatever the company wants to do next." ---
Regards, JTO [ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 02:41 PM EST |
didn't sco say they hadn't done any code comaprison work yet on the aix code
they have already received? i just don't see why they should get additional code
discovery when they haven't done any work yet and, further, claimed it would be
impossible for them to do what they already have in a timely manner.
while the discovery order may have been more or less routine, i still think this
is getting ridiculous...
sum.zero[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 04:30 PM EST |
SCOG stock is down, despite a couple of sizable blips. Maybe IBM is monitoring
IP traffic to see who makes trades today after the subpoenas were announced?
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 05:08 PM EST |
Basically, fron the comments and documents posted here, IBM is building a
defence to squish some more SCO claims into the ground.
I don't know why IBM took so long to do this, but this is more of "SCO
doesn't have a case" movement from IBM.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, January 24 2005 @ 05:23 PM EST |
I think that IBM is setting up SCO to produce a bit of discovery documentation
themselfs. Imagine if SCO had to produce every line of every developed version
of Open Server, released or not to prove that IBM's or Linux (GPL) code was not
licensed in there, in viloation of the GPL. Well that would run SCO out of cash
quickly. Maybe IBM has desided that delay is not such a bad thing. While there
"fishing" for non existant Sys 5 code in Linux. Maybe IBM would like
to take a look at OpenServer for a while and see if there is any Linux code in
there.... <laugh> Would serve SCO right. The lawsute is no longer hurting
Linux in any way that I can see. Maybe even helping every month it goes on the
more foolish SCO looks. So maybe it is IBM's turn to go fishing for the rope to
hang SCO with..
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| Authored by: Night Flyer on Tuesday, January 25 2005 @ 01:10 AM EST |
SCO has directly and by inuendo accused companies that switched from SCO-UNIX to
Linux of doing improper transitions (using SCO proprietary libraries, etc.)
Since IBM assisted (and is now benefiting from) AutoZone, Sherwin-Williams and
others who switched from SCO-UNIX to Linux on IBM hardware, it is in IBM's best
interest to clear the air, so others might be encouraged to trust IBM in this
type of transition.
Let us suppose that there is information that shows that everything was legal
and above board. (Or that Caldera/SCO did not resist or supported or even
assisted in the transition.)
Firstly, since IBM was a party to the process, I presume that the subpoenas will
not result in negative surprises for IBM.
Secondly, making the transition process known to the courts and, where
appropriate, to the public through unsealed court documents, and GROKLAW, might
close off a number of FUD opportunities for SCO and significantly hurry along
portions of the summary judgements.
(I wonder if SCO will want the deputations sealed.}
----------------------------
Veritas Vincit: Truth conquers.
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| Authored by: Anonymous on Tuesday, January 25 2005 @ 01:41 AM EST |
teach SCO a leasson, it appears that they may now want to stomp Darl and frinds
into the ground. [ Reply to This | # ]
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