Judge Brooke Wells has now put down in writing in an Order what most of us have been saying for years – “Where is the code? As always Groklaw has the gory details. The best part of the order to me was this paragraph.
The court finds SCO’s arguments unpersuasive. SCO’s arguments are akin to SCO telling IBM sorry we are not going to tell you what you did wrong because you already know. SCO received substantial code from IBM pursuant to the court’s orders as mentioned supra. Further, SCO brought this action against IBM and under the Federal Rules, and the court’s orders, SCO was required to disclose in detail what it feels IBM misappropriated. Given the amount of code that SCO has received in discovery the court finds it inexcusable that SCO is in essence still not placing all the details on the table.
Certainly if an individual was stopped and accused of shoplifting after walking out of Neiman Marcus they would expect to be eventually told what they allegedly stole. It would be absurd for an officer to tell the accused that “you know what you stole I’m not telling.” Or, to simply hand the accused individual a catalog of Neiman Marcus’ entire inventory and say “its in there somewhere, you figure it out.”
Without more specificity than SCO has provided some very important questions that could materially impact this case are nearly impossible to answer.
It is one thing for a blogger, columnist or tech reporter to say this. It is quite another for a Judge to render this in a legal Order. I wonder what Enderle, Didio and other Microsoft and SCO shills of the world have to say about this. After all THEY were the ones that have supposedly seen the “mountains of infringing code” and were trying to convince the world that Linux contained stolen code. So where are they now?
It is a sad and sorry state of affairs today that these so called “analysts” can state anything they want as fact, and when proved wrong, go on as if nothing happened. And the tech media keeps quoting them and treating them as some all knowing demi-God pundits. If Dan Rather had to pay for his falsehood with his career, so should these morons.
It’s a good day for Truth and Justice. Thank you Judge Wells.