{"id":97,"date":"2006-06-30T12:25:00","date_gmt":"2006-06-30T17:25:00","guid":{"rendered":"http:\/\/idespisemicrosoft.com\/?p=97"},"modified":"2026-01-28T18:35:33","modified_gmt":"2026-01-29T00:35:33","slug":"judge-to-sco-%e2%80%93-%e2%80%9cbe-specific%e2%80%9d","status":"publish","type":"post","link":"https:\/\/www.idespisemicrosoft.com\/?p=97","title":{"rendered":"Judge to SCO \u2013 \u201cBe Specific\u201d"},"content":{"rendered":"<p>Judge Brooke Wells has now put down in writing in an Order what most of us have been saying for years \u2013 \u201cWhere is the code? As always <a href=\"http:\/\/www.groklaw.net\/article.php?story=20060628203537917\">Groklaw has the gory details<\/a>. The best part of the order to me was this paragraph.<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-<\/p>\n<p>The court finds SCO\u2019s arguments unpersuasive. SCO\u2019s 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\u2019s orders as mentioned supra. Further, SCO brought this action against IBM and under the Federal Rules, and the court\u2019s 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 <strong>inexcusable<\/strong> that SCO is in essence still not placing all the details on the table.<\/p>\n<p>Certainly if an individual was stopped and accused of shoplifting after walking out of Neiman Marcus they would <strong>expect to be eventually told what they allegedly stole<\/strong>. It would be absurd for an officer to tell the accused that \u201cyou know what you stole I\u2019m not telling.\u201d Or, to simply hand the accused individual a catalog of Neiman Marcus\u2019 entire inventory and say \u201cits in there somewhere, you figure it out.\u201d<\/p>\n<p>Without more specificity than SCO has provided some very important questions that could materially impact this case are nearly impossible to answer.<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;<\/p>\n<p>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 \u201cmountains of infringing code\u201d and were trying to convince the world that Linux contained stolen code. So where are they now?<\/p>\n<p>It is a sad and sorry state of affairs today that these so called \u201canalysts\u201d 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.<\/p>\n<p>It&#8217;s a good day for Truth and Justice. Thank you Judge Wells.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Judge Brooke Wells has now put down in writing in an Order what most of us have been saying for years \u2013 \u201cWhere is the code? As always Groklaw has the gory details. The best part of the order to &hellip; <a href=\"https:\/\/www.idespisemicrosoft.com\/?p=97\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/posts\/97"}],"collection":[{"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=97"}],"version-history":[{"count":1,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/posts\/97\/revisions"}],"predecessor-version":[{"id":318,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=\/wp\/v2\/posts\/97\/revisions\/318"}],"wp:attachment":[{"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=97"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=97"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.idespisemicrosoft.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=97"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}