On November Thursday 30 2006 1:48 pm, M Harris wrote:
http://www.groklaw.net/article.php?story=20061129165103775
Well, it looks like SCO isn't going to get to use their *evidence* because de judge has slapped them hard with a devastating ruling... basically upholding the lower court's ruling that a sanction is warranted because SCO willfully violated discovery rules. ooops, SCO is toast, and Groklaw is vindicated.
Go get em Novell... I'm rooting for you ! (trial coming up)
... and the good news is, you're going to have some new bucks to pursue the case--- from the M$ deal. cool~ huh?
Ok Suse fans I have a very serious question for yous guys (and please don't tell me its off topic, cause it aint, so stay in your chair) .... I want to know who puts code into the kernel... please don't laugh... I'm serious. In other words, how in the world can SCO (or anybody else) accuse IBM (as a sole entity) of placing anything willfully into the kernel, when the kernel is not controlled by IBM, and when the kernel is contributed to from kernel developers world-wide...??? How much of the kernel comes from Novell? How much from Shuttleworths folks..??? how much from Redhat...oooops, I mean IBM?? yeah, right....
Look, either the kernel has System V code in it (copyright protected, or patented, or both) or it doesn't. This shouldn't be about discovery rules in a court of law for crying out loud. Either copyrighted code is in the kernel or not, and if so why can't SCO prevail??? (they shouldn't and I don't want them to, just a hypothetical question--)
But that is not my real question... my real question is this: How hard would it be to pull M$ hooks out of the kernel (once they're in there) if and when they get discovered a year from now... ? ha-uummm??? Would it take a court order? ---years of litigation? you know... discovery, summary judgment petitions, rules and thousands of pages of B$ .... and all the time M$ has hooks into the kernel...
<Snip> As I understand it, the kernel code is still under the control of Linus and his group. Nothing goes in til they agree. I can't see why he would let MS or anyone else put things into the kernel that he wouldn't allow now. And there are lots of , erm, heated discussions on the kernel list .. which is not part of any distro BTW .. No one who does distribute Liux code is going to do anything dumb, like fork to their own kernel version . And then BTW lost out on all that free labour. I could be wrong here, but I believe Red Hat and Suse et al, have people who also work on kernel stuff.. it's part of their contribution to the community, however , no one is going to get anything into the kernel that would render it inoperable by all of the rest of the community. Linus has worked for company in the past and didn't lean the kernel towards that product ( hardware ) I see no reason why he would do so now... but if you are so certain of your facts, perhaps you should take it up w/ the kernel list, and get your answers from the people who really do know. -- j If a hurricane doesn't leave you dead It will make you strong. Don't try to explain, just nod your head . Breathe in breathe out , move on. -- To unsubscribe, e-mail: opensuse+unsubscribe@opensuse.org For additional commands, e-mail: opensuse+help@opensuse.org