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Carlos Moreno wrote:
> Robert Myers wrote:
>
> >>Your comparison of AMD & SCO is incongruous and *cheap*.
> >
> > Yousuf said this case shouldn't be compared to the FTC case against
> > Microsoft. He was right about that. AMD doesn't have as much money as
> > the Federal government. What case, other than SCO, should I refer to
> > that everyone knows about to illustrate that litigation consumes
> > resources?
>
> Still, some of us are seriously disturbed by the comparison.
>
> SCO's case is not an example of "litigation consumes resources" -- it's
> more like an obvious case of the ultimate unsubstantiated, idle legal
> claims, a huge scam that worked for a while. A grotesque stock market
> fraud for which SCO's directive, like all criminals, should be behind
> bars.
>
> You see, after a year of the initial lawsuit, when they ran out of
> excuses to not show any evidence to sustain their claims, they just
> dropped all of the initial charges, and replaced them with new &
> improved, ever more ridiculous ones, charges that require that IBM
> discloses to SCO all of the code ever written (comical exaggeration
> on this last item, yes). And you know, the charges were so trivial
> to show: "millions of lines of code copy-n-pasted from our code" --
> if the lines were copied, and were made public as part of Linux, why
> would they be shy to show them? They wouldn't be showing any trade-
> secret (not any more, if what they were saying had been true).
>
I don't know about SCO's wild claims, and, if I'd taken them seriously,
I'd be too embarrassed to litigate for damages.
As much as I dislike SCO and the scummy ambulance-chaser fee agreement
it has with its lawyer, I'll actually be surprised if they come up with
*nothing.* Somewhere along the line, IBM code developed for a
derivative Unix work (AIX) has to have slid into its gifts to Linux.
An accident, I am sure, but if it *didn't* happen, it will be a
miracle.
In general, I don't like lawsuits.
> So, the balance: after a few months, SCO shares went from below a
> dollar per share to more than 20 -- based *exclusively* on the
> litigation; and they simply admit (not explicitly, but still) after
> a year that those were all fake charges... I don't know what the
> law says, but raw logic tells me that that's criminal behaviour,
> stock fraud, for which they should go to prison. (yes, I know that
> dropping the charges can be the result of realizing that one is
> unable to prove "the truth" in a court of law... But in this case,
> c'mon, how naive could one be??)
>
> I don't see AMD planning to put its customers in line and start
> suing them one by one as a strategy to bully them into doing
> whatever AMD wants. See, *that* would be a serious killer to
> AMD's finances... Ask SCO if you need evidence/precedent.
>
Maybe not. We'll see how AMD's customers react to the subpoenas
they'll be getting. Not well, I'll wager, and I'll bet some of them
are regretting right now that they ever talked to AMD about Intel. As
long as *they* get as good a deal from Intel as everyone else, there is
no reason for them to resent an Intel monopoly. They make their money
no matter whose chips they're selling... unless someone is getting a
better deal from Intel than they are. So the conversation goes:
"I want the same kind of deal Dell gets."
"Dell is one of our very best customers. Only our very best customers
get that kind of deal."
"Okay, what do I have to do to be one of your very best customers?"
[And what follows may or may not be illegal.]
To go back to the comparison to SCO: On slashdot, someone commented
that Intel Performance Primitives (apparently) don't work with AMD
processors. Intel has the money for that kind of stuff, and they spend
it. AMD doesn't have the money for that kind of stuff, but they do
have the money for lawyers. Such an ordering of priorities invites
comparison with SCO. You don't like that. Oh, er, you are "seriously
disturbed" by it.
As to your being "seriously disturbed," your priorities are different
from mine. Here's something to be "seriously disturbed" about
http://allafrica.com/stories/200506270125.html
You got time to be seriously disturbed by my rhetorical style? You
ain't payin' attention to what's goin' on in the world.
RM