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Exhibit H to IBM's Memorand... [+36]
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AutoZone motion will be heard Thursday Sept 9 | 365 comments | Create New Account
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Did SCOG miss a deadline for response?
Authored by: Anonymous on Friday, September 03 2004 @ 02:18 AM EDT
By my calculations, SCOG was scheduled to reply to IBM's two new Motions for Partial Summary Judgement this week.

According to the Rules of Practice for the District of Utah DUCivR 7-1 (b)(3):

A memorandum opposing a motion must be filed within fifteen (15) days after service of the motion or within such extended time as allowed by the court.
IBM filed their Motion for Partial Summary Judgment on Breach of Contract Claims on Aug 13. 15 days from Aug 13 is Saturday, Aug 28. So the response was due on Monday, Aug 30.

IBM filed their Motion for Partial Summary Judgment on Partial Summary Judgment on its Counterclaim for Copyright Infringement on Aug 16. 15 days from Aug 16 is Tuesday, Aug 31.

I checked an there were no Federal Holidays on either August 30 or 31. I was also unable to find any Utah State Holidays on either August 30 or 31.

However, a quick check of the published SCO v IBM docket shows document [268] (the court Notice of hearing) "Filed on: 09/01/04" but no SCOG documents from August 30 or 31 and no stipulations or extensions of time from the Court... unless they were in the unpublished document [262] which was the Notice of hearing for the two new IBM PSJs.

[ Reply to This | Parent | # ]

  • NO - but - Authored by: Anonymous on Friday, September 03 2004 @ 02:21 AM EDT
    • AH - but - Authored by: Anonymous on Friday, September 03 2004 @ 02:53 AM EDT
    • NO - but - Authored by: Thad Beier on Friday, September 03 2004 @ 12:50 PM EDT
OT [Partial Repost] SCO Legal Bill
Authored by: MikeA on Friday, September 03 2004 @ 05:40 AM EDT
Ok, $7.3 million in legal fees over the last quarter (that is probably rounded down from a slightly higher number, but we'll take it.)

May: 31 days
June: 30 days
July: 31 days = 92 days total ~ 60 weekdays.

EXAMPLE ONE: Full Onslaught - working every day for 3 months.
$7,300,000/92 days = $79,347.82 per day.

Hmm. Lets assume about 10% of this is billed from direct expenses, which would be about $7,934 a day. That should cover photocopying and travel, etc. That leaves about $71,413.82 in billable hours per day. Not a bad day. I'll take a stab at them billing at $300/hr, but of course that is probably only the top level guys and would be too much for some of the staff, but lets just run with it. You could have 9 staff working 24/hrs a day, every day (including weekends) @ $300/hr, but I suppose that is a bit unrealistic for a work schedule, unless you are PJ or Quatermass.

So lets scale it back to 10 hour days: This would leave almost 24 people working 10hrs/day @ $300/hr every day for 90 days.

EXAMPLE TWO: More Realistic Schedule
$7,300,000/70 total workdays = $104,285.71 a day. Lets say 20% of this is direct expenses ($20,857), which would leave about $83,428 in billable hours a day. That's a great day, even from where I come from.

Again assuming about $300/hr billable rate, that would fuel at least 27 full-time staff for 10hrs every weekday and 5 weekends. That seems more reasonable, but still very busy.

EXAMPLE THREE: Complete Slackers
$7,300,000 / 60 days = $121,666 a day
20% direct expenses = $24,333 a day - (That seems like an awful lot, doesn't it?)
$97,333 in billable hours remaining per day.
32 staff working 10 hrs a day @ $300/hr. (That seems like a lot too.)

EXAMPLE FOUR: Apply graduated pay scale.
$7,300,000 / 72 days = $101,388 a day
$8,000/day in direct expenses.
$93,388 Remaining in billable hours per day.
5 @ $300/hr
8 @ $250/hr
10 @ $200/hr
15 @ $150/hr
16 @ $100/hr
54 staff total working 10 hour days every weekday and six weekends.

Seems like a lot, doesn't it? Small wonder they make so many mistakes - they have too many people working on the cases! I also seem to remember that the original agreement between BSF & SCO calculated a discounted fee structure. Remember that? When SCO was first blabbing about how they had hired Boise on contingency only, but later we learned that wasn't true - they were getting fees + contingency. I seem to remember that it was supposed to be at a slightly discounted fee price, and there was all sorts of other language about handling the buyout offers from IBM that were sure to start rolling in.

No matter how I cut it, the cost of the work doesn't really seem to match the amount of product that the SCOG team has produced, but I could be completely wrong, of course. Also, I am making some great assumptions in how legal offices might bill for their work. Any lawyers out there care to comment?

"You need some facts to win in a court of law, thou doofus." - The Knights of Armonk (Translation by PJ)

[ Reply to This | Parent | # ]

MS blames OSS for poor forecast.
Authored by: Franki on Friday, September 03 2004 @ 07:08 AM EDT
This makes interesting reading. In less then a two week period, MS have contridicted themselves.

Ms blame OSS



Is M$ behind Linux attacks?

[ Reply to This | Parent | # ]

Open source cars: an open letter to Autozone
Authored by: Matt C on Friday, September 03 2004 @ 08:07 AM EDT
Someone else has probably written all this stuff before, but in case Autozone mgmt. happens by I want to say:

It always struck me as appropriate that Autozone was one of the first co.'s SCO went after. Hackers tend to DIY almost everything -- not just coding -- and I have no doubt this includes tinkering with their cars.

I have been to Pep Boys, O'reilly's, and another one I can't remember, but since the day this suit was launched it has been nothing but Autozone.

SCO and -- at times -- Sun and MS would like to believe that Autozone does not exist; that what people really want are high-performance closed-source cars.

The hoods on these cars would not open. The cars would be very pretty and shiny, but catastrophically inefficient. They would have "the latest" security systems but these would just make it easier for people like Ghost Dog to steal them (Hope I'm not the only one who's seen Ghost Dog).

They would also come with automatic updating features that permit the manufacturer to come over to your house and mess with your car whenever heshe wants to.

And the only thing on the shelf at Autozone would be Turtle Wax.

Of course there are a lot of people for whom ignorance about their cars is -- more than bliss -- ecstasy, and who wouldn't necessarily hate this state of affairs. But it's a big world and there are a lot of little Honda Civics in it as well.

[ Reply to This | Parent | # ]

OT Linux World article
Authored by: Anonymous on Friday, September 03 2004 @ 10:45 AM EDT
I think someone needs to look at the records again...

"<i>For its part, SCO wants the court to really and truly force the
ever-evasive IBM to turn over all of the discovery it's already under court
order to deliver up.
spin spin spin

[ Reply to This | Parent | # ]

OT: That too tight corset
Authored by: AllParadox2 on Friday, September 03 2004 @ 11:54 AM EDT
Upon reflection, and with PJ's observations above, I believe I have identified
TSG's primary problem.

Corsets are generally not made of hemp, nor worn around the neck.

It is also probably better to adjust one's behavior before the
"corset" has tightened.

All is paradox: I no longer practice law, so this is just another layman's
opinion. For a Real Legal Opinion, buy one from a licensed Attorney

[ Reply to This | Parent | # ]

What Linux is up against.
Authored by: Anonymous on Friday, September 03 2004 @ 12:08 PM EDT

[ Reply to This | Parent | # ]

  • Corrected link - Authored by: Anonymous on Friday, September 03 2004 @ 04:32 PM EDT
AutoZone motion will be heard Thursday Sept 9
Authored by: al_petrofsky on Friday, September 03 2004 @ 01:53 PM EDT

See docket at scofacts.

38: 2004-09-02 Calendaring notice. Caption: "hrng on Emergency mtn to stay 9#37) is set for 9/9/04 @10am bfr RCJ crtrm 7D. cpys dist".


[ Reply to This | Parent | # ]

Poor Old Assyrians
Authored by: Anonymous on Saturday, September 04 2004 @ 05:47 AM EDT
As a long time reader / lurker I finally have to post. As an ex Assyriologist
(studied for my History degree many eons ago) you are very wrong to compare the
practises of the Assyrian Kings with SCO Management.

These fine and noble kings (first to establish a true Imperial Empire btw) were
within their Empire
a) tolerant of all religons
b) tolerant of all races
c) believed fundamentally in truth and honest dealings.

Those that transgressed against the truth and the rule of Ashur were thus dealt
with severely as per the standard of the time. The scenes you describe involve
the treatment of the leaders of rebellious cities / states who had broken their
word / treaties with the Assyrians. Thus was the fate of liars under the

As for the ordinary citizens who rebelled, they were just shipped to another
part of the order to be sure they would not rebel again. Of course
the bad press stems from the Old Testament as at one time the small Kingdom of
Judea rebelled and many natives were moved to Babylon.

It may seem harsh now but was in fact a rather enlightened policy for the time
to move a significant proportion of the people rather than kill them and loot,
burn and sack the place after the inevitable siege.

Accordingly very unfair to compare Sargon with Mr McBride. Sargon was a far
better person.... :)

KJ / Mark

[ Reply to This | Parent | # ]