The body of the document is as follows:

The SCO Group, Ine. ("SCO") respectfully moves the Court pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure to compel International Business Machines Corporation ("IBM") to respond completely and properly to SCO's discovery regarding the files of IBM's executive management and the compel discovery regarding SCO's Rule 30(b)(6) depositions of IBM. SCO bases its Motion on the following grounds:

In disregard of SCO's long-standing document requests, this Court's March 2004 Order, and now this Court's October 2004 Order requiring IBM's executives and Board of Directors to provide sworn affidavits on the issue, IBM has failed to produce documents regarding its "Linux strategy" - which is at the heart of this case - or to explain the glaring absence of such documents in its production. Neither SCO's document requests nor this Court's Orders leave any ambiguity regarding the broad scope of the Linux-related documents that IBM must produce. Nevertheless, IBM has apparently adopted, unilaterally, an unduly narrow interpretation of its obligations. Moreover, the cursory affidavits that IBM has supplied in response to the Court's most recent Order raise more questions about IBM's discovery practices than they answer.

In addition, IBM has improperly refused to produce Rule 30(b)(6) witnesses on several appropriate topics. For example, IBM refuses to provide any witness to testify about the nature and extent of IBM's contributions to Linux - a core issue in this case. IBM's intransigence thus compounds its withholding of documents and proper interrogatory responses to SCO's prior discovery requests that seek similar, critically relevant information.

IBM has unilaterally blocked SCO from obtaining even the most rudimentary information that it needs to develop its proof for trial. In light of IBM's longstanding delay on this critical discovery - and in light of the currently scheduled, impending close of fact discovery (on February 11, 2005) - the Court should order IBM to produce immediately (1) all documents from its executives and Board of Directors that mention or relate in any way to Linux and (2) witnesses for deposition who can speak to the full scope of the topics SCO has noticed.

 On Feb. 2, the leading commercial purveyor of open-source Linux will officially launch a federal division in Vienna, Va., with an eye toward promoting greater adoption of open-source software in government agencies.

http://www.gcn.com/24_2/news/34873-1.html

http://news.com.com/Eric+Raymond+to+leave+OSI+presidency/2100-7344_3-5558688.html

My hat is off to him.  I have always admired his dedication to open source, and loved his book.  He also had the good manners to step down gracefully.

A more interesting little nugget is this blurb:

Michael Tiemann, vice president of open-source affairs at Linux distributor Red Hat, will become vice president of the OSI.

The keys needed to run software would mean that software authors writing to run on a "trusted" machine would have to buy/acquire those keys from a trust agency in the heirarchy... which would essentially mean creation of a closed guild. (somewhat like attorneys and the bar association).

Since the MS is falling behind in it's DRM/TC efforts expect it to be quietly backing more legislation along the lines of "regulating" the software industry.

The non-sued cashed in options for a profit of $1.656 million. So he could have cashed in all or none of them. Lets assume he cashed in in proportion to his holdings. That would be around $500,000.

He also shared in a bonus pool of around $995. He had 1/6 of the non-sued options vested or not. If we assume his share was proportionate, that's $165,000. It was probably a bit more.

Now Mustard tells the staf they may have to give it back and would they please sign a paper acknowledging that they've been told. The staff would be pretty upset. They'd probably spent some of the money.

So instead of having $900,000 of additional options for his retirement fund, he's got a bill for $560,000. Ouch.

Looks to me like a rehash of what she's been saying.  In fact, I don't think she even does a good job of taking Microsoft's recent actions to extend its "indemnification" to more users and spinning it.

Fortunately for us, Dan Ravicher does point out that Microsoft's recent claims of expanding coverage appear to amount to little more than the same ol', same ol' - they've just tried repackaging it and claiming it is something new.

I did find it interesting that Didio does pull in "free open-source software, beta test software, steeply discounted software or software produced by nonprofits" as classes of software that my have problems if IP claims are alleged.  I suppose she just couldn't bring herself to include "proprietary" or "closed source" software in the list.  Still, her universe is expanding.  Maybe one day she'll get the clue that the problem is not the lack of indemnification, it is the system that would create an apparent need for it.

Posted by michael
RichardX writes "Overpeer, the organization responsible for seeding many peer to peer networks with damaged, corrupt and fake files has now found a way of hiding spyware and adware inside Windows Media files by using a DRM loophole and is using this technique to further pollute p2p networks."

Software Lifecycles

Good reading, and good food for thought.

Here's a portion from the online version:

I've spoken here of many problems ranging from copyrights to peer-to-peer software systems. But today I want to talk about something possibly even stickier--I'm talking about context. About paper trails. And accountability.

You've all done it. You've built your home page. You've unleashed your creation to the world. People have visited your site, and you've gotten feedback. And then you find a mistake. Something innocuous such as a typo or a silly grammar error. So you quickly fix it and go on about your day.

But what you did there has significant meaning beyond just fixing a couple of transposed letters: You have essentially changed history.

A quote from the FreeBSD Foundation Quarterly Newsletter, December 21, 2004:

The seemingly constant restructuring at Sun has made it difficult to find and retain consistent contacts in their licensing program.  The latest blow to our efforts was the recent notification of Sun's desire to revoke and renegotiate the FreeBSD Foundation's SCSL license.  From what we can determine, Sun is re-negotiating all SCSL licenses to standardize their Java revenue model.

Sun Microsystems Researchers Unveil World's Smallest Secure Web Server, Win Best Paper Award at PerCom 2005

Some quotes:

December 23, 2004 - Researchers from the Next Generation Crypto team at Sun Microsystems Laboratories have created the world's smallest secure web server. Nicknamed Sizzle (from SSSL for Slim SSL), this server is the size of a U.S. twenty-five cent coin and is designed to be embedded in a wide array of tiny devices (home appliances, light fixtures, utility meters, sprinkler systems, personal medical devices, temperature and pressure sensors) for secure monitoring and control across the Internet.

...

Compared to RSA, the conventional public-key technology, ECC provides comparable security while using less resources. For example, an RSA operation on the mote takes nearly 11 seconds but the equivalent ECC operation can be accomplished in under 1 second [3].

...

Sizzle implements an open specification [4] developed at the Internet Engineering Task Force (IETF), the organization responsible for defining Internet standards. In an effort to improve the overall security of the next-generation Internet, the Sun Labs team has also contributed ECC technology to a number of popular open-source cryptographic libraries and applications including OpenSSL, the Apache web server, and the Mozilla and Firefox browsers [5, 6, 7].

For more details, you can visit the sourcelicense.com web page.  You can also access this pdf document for a full list of the 500 patents.

The article itself only includes the top 10 for 2004 (headed up by IBM - again), something like a prediction for 2005, and the top 10 patent law firms in the US for 2004 (headed up by Sughrue Mion PLLC).

AGENCY: Copyright Office, Library of Congress

ACTION: Notice of inquiry

SUMMARY:

The Copyright Office seeks to examine the issues raised by "orphan works," i.e., copyrighted works whose owners are difficult or even impossible to locate. Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public. This notice requests written comments from all interested parties. Specifically, the Office is seeking comments on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.
DATES:

Written comments must be received in the Copyright Office on or before 5 p.m. EST on March 25, 2005. Interested parties may submit written reply comments in direct response to the written comments on or before 5 p.m. on May 9, 2005.
ADDRESSES:

All submissions should be addressed to Jule L. Sigall, Associate Register for Policy & International Affairs. Comments may be sent by regular mail or delivered by hand, or sent by electronic mail to the e-mail address orphanworks@loc.gov (see file formats and information requirements under supplemental information below). Those sent by regular mail should be addressed to the U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Submissions delivered by hand should be brought to the Public Information Office, U.S. Copyright Office, James Madison Memorial Building, Room LM-401, 101 Independence Avenue, SE., Washington, DC 20540.
FOR FURTHER INFORMATION CONTACT:

Mary Rasenberger, Policy Advisor for Special Programs, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, DC 20024-0400. Telephone (202) 707-8350; telefax (202) 707-8366.

A little blonde child kneels before the static-laden TV, staring intently at the flickering snow. With an eerily calm voice, she announces "they're he-erre."

Thus was the tagline for the 1982 movie Poltergeist, where Heather O'Rourke's character announced the coming of some malevolent spirits to their suburban California home.

now if you go to the full link?
we find that this is an old article from
Linux Magazine / November 2004 / ON THE DOCKET
Munich Demands Clarity

http://www.ip-wars.net/story/2005/2/8/04759/45476

Today's NY Times describes it as:

They said the technique, and a related one already used in crop biotechnology, would be made available free to others to use and improve, as long as any improvements are also available free. As with open-source software, the idea is to spur innovation through a sort of communal barn-raising effort.

The group (BIOS - Biological Innovation for Open Society) is borrowing freely from FOSS.  Their website has links to the Nature paper as well as links to several other articles.  They even have a site called BioForge, which is used to coordinate open source biological technologies.

Posted by Donna Wentworth
Mary Minow speculates that the reason Howard "Hollywood" Berman is sponsoring the little orphan bill that could is that film makers/preservationists may be better prepared than others to risk exploiting its dicey provisions in order to reap the potential rewards: "Film copyrights are the absolute worst, what with underlying music, performance rights etc."

http://yro.slashdot.org/yro/05/02/14/0358202.shtml?tid=95&tid=17

"New Orbitz Terms Prohibit Inbound Deep Linking
The Internet
Posted by timothy on Monday February 14, @08:34AM
from the front-door-only dept.
chekovma writes "Orbitz has announced a new set of Terms and Conditions that take effect March 12th which require anyone who uses their website (creates an account there) to follow strict inbound linking rules. ..."

This apparently applies even to text links which should make for an interesting challenge if someone pushes it.

I was watching the Bloomberg TV Morning Call yesterday morning (as I do every morning to see who understands their markets and who doesn't), when morning host Brian Sullivan announced that Novell CFO Joseph Tibbetts would be interviewed about the company's earnings and its future with Linux. That was enough to make me want to see whether Bloomberg was on top of things or obtaining their information from faulty sources. The result of my observation leads me to believe that they don't understand Linux any more than the average reporter on the street does

http://linuxtoday.com/news_story.php3?ltsn=2005-02-26-004-26-OP-BZ-NV
by Chuck Talk

From The Enterprise System Spectator blog:

As further evidence of a consolidation trend in the IT research industry, Gartner today announced that it is buying competitor Meta Group. The offer price of $10 per share values Meta at about $162M and is more than 54% above Meta's closing stock price last Thursday. In 2003, Meta had $122M while Gartner had $858M.

at
http://www.washingtonpost.com/wp-dyn/articles/A4003-2004Dec16.html
(requires free registration).

Apologies if this has been posted before, if it has I missed it.

"Wal-Mart is single-handedly responsible for moving this industry along," said Kara Romanow, the AMR analyst who wrote the new study.

"The roadside is littered with those who have tried and failed," said Sandeep Gupta, the chief executive of MicroDisplay, a privately held designer of LCoS chips.

Microsoft chief Steve Ballmer has demanded evidence that desktop Linux is gaining ground: Norway's second city Bergen has the answer

High-Tech Cards Are Designed to Bolster Security

By Christopher Lee
Washington Post Staff Writer

10. XFree86 License Causes Distros to Rethink Plans
Feb 18, 2004, 14,778 reads, 19 talkbacks.

9. Groklaw: More Changes in the New [SCO] SEC Filing
Jan 17, 2004, 14,790 reads, 41 talkbacks.

8. PR: Novell Announces Evolution 2.0, Release of Connector for MS Exchange Under Open Source License
May 11, 2004, 17,274 reads, 31 talkbacks.

7. Toronto Star: Ballmer Chuckles Over Linux Woes
Feb 28, 2004, 17,441 reads, 60 talkbacks.

6. Stolen SCO Code in Linux Cannot be Displayed
 Jan 29, 2004, 18,530 reads, 9 talkbacks.

5. InfoWorld: IBM to Launch MS Office for Linux
 Feb 15, 2004, 18,634 reads, 70 talkbacks.

4. eWeek: Why Linux Users Hate Red Hat
May 15, 2004, 19,473 reads, 59 talkbacks.

3. Tridgell: Samba4 Reaches the "Susan" Stage
Nov 20, 2004, 24,616 reads, 4 talkbacks.

2. Community: Beyond an Open Source Java
Feb 24, 2004, 36,650 reads, 127 talkbacks.

Author:  r_a_trip

When I wrote "Why the Free Software Movement is Doomed to Failure" I dismissed mankinds desire for Freedom. That was a premise that instantly knocked the foundations for my text to pieces. Freedom is a core value in people and no individual is willing to give it up voluntarily. Dismissing Freedom simply is unrealistically pessimistic.

As I stated earlier, people are not flocking to Free Software. The question is; why? Individuals value Freedom. Groups value Freedom. Why is Free Software still not as dominant as Closed Source Software (CSS) then?

By Susan Kuchinskas

There are several interesting points one can learn from in this statement.

For one, the last paragraph of the short statement said that

    "Instead of becoming the world's most competitive knowledge-based economy by 2010, we run the risk of being caught up in a negative spiral where other regions can take advantage of European investment in innovation, while European companies in their home markets are weakened by imitation."

29 Dec 2004 by SeanParsons

 
And on that note, I'm about to head off to some festivities...

Happy New Year 2005, everyone!

John Blau, IDG News Service, Düsseldorf Bureau

By CHARLIE PASCHAL

I found the following two pdf documents that I think probably describe the project by the City of Beaverton.  The second one indicates it is supposed to be opening in January 2005, so that would be consistent with the news reports.

http://www.ci.beaverton.or.us/departments/economicdev/docs/Business_Incubator_Overview.pdf (October 2004)

http://www.beavertonincubator.org/publications/Business_Incubator_Overview_V2.pdf (April 2004)

There is also a web site setup for the Center for Software Innovation.

I found this after reading some eWeek coverage about all this.  I was particularly intrigued by this quote from the article:

reporters were sent an invitation to a news conference Jan. 25 regarding "something we've code-worded 'Operation Open Gates.'"

"This Jan. 25, IBM, OSDL and some other industry giants will be holding a joint press conference for a significant announcement regarding open technology," the invite from a Portland, Ore.-based public relations firm said.

CaptainEbo writes "A court has declared the federal anti-obscenity law unconstitutional in a criminal case against an Internet porn distributor: 'We find that the federal obscenity statutes burden an individual's fundamental right to possess, read, observe, and think about what he chooses in the privacy of his own home by completely banning the distribution of obscene materials.

Brian Profitt must be looking for hits.

Me, I'm just going to break out the hot-dogs and marshmallows.

I think I may be on to something here. I've come across an increasingly controversial example similar to what I've been posting about in this category. I've posted about censorship in Linux forums and open source supportive websites, systematic categorization of Linux, as well as infiltrating open source and Linux with political and social views. I'm an avid open source enthusiast...but I'm beginning to become ashamed of being associated with the groups I posted about. I recently read a webpage that chronicles the traded messages of a person that posted comments on Groklaw.net and who believes that they were censored from public view.

Posted by timothy

Leader
ZDNet UK

Microsoft's fear of open competition is being taken to ridiculous lengths. It will do the company no good

By John Leyden
Published Tuesday 8th February 2005 12:03 GMT

An expert witness in the MP3s4free.net music piracy case has conceded to the Federal Court in Sydney that log files seized in a 2003 raid did not show music actually being downloaded.

The Consortium of Anti-Spyware Technology vendors (COAST) was rendered toothless when three founding members--Webroot Software Inc., Aluria Software LLC and Computer Associates International Inc.'s PestPatrol--withdrew from the group, citing separate reasons for quitting.

http://www.divisiontwo.com/articles/MacMini2.html?1
by Jorge Lopez, MCSE

Sybari, a privately held company based in East Northport, N.Y., develops security software that can be used with Microsoft Exchange and Lotus Notes messaging servers. Sybari's technology is designed to fight viruses, worms and spam, with such products as Antigen file filtering.

 Novell's SuSE has released a number of "highly critical" patches, according to a report released Monday.

The patches are designed to address vulnerabilities that can be exploited for cross-site scripting attacks, remote system access, exposure of sensitive information, spoofing and denial-of-service attacks, according to the report from security information provider Secunia.

points to this link
http://www.computerworld.com/industrytopics/transportation/story/0,10801,99535,00.html
 Opinion by Frank Hayes

 FEBRUARY 07, 2005  (COMPUTERWORLD)  - Ray Noorda is back. On Dec. 17, the man who built Novell fired his trusted protege, Ralph Yarro, for pocketing upward of $20 million from "self-dealing transactions" at Noorda's investment company, The Canopy Group. Noorda replaced Yarro and took control again of the venture capital firm he founded and funded.

update Carly Fiorina, the embattled leader of Hewlett-Packard, stepped down as chairman and CEO on Wednesday as HP tries to redefine itself for a new era.

It could alert you to "unusual" behaviour, for example stop the unauthorised car from filling up at the company petrol pump, or tell security that someone, maybe a thief, takes five packs of razor blades from the shelf - instead of the normal amount of one.