> -----Original Message-----
> From: Fargusson.Alan [mailto:[EMAIL PROTECTED]
> Sent: Thursday, November 20, 2003 11:43 AM
> To: [EMAIL PROTECTED]
> Subject: Re: SCO Vs IBM
>
>
> I doubt that SCO would try to buy the judge, but they may
> have been able to pick a judge that knows little about
> computers.  In fact from what I have seen most judges know
> nothing about computers.  Even with such poor evidence it may
> be hard for IBM to disprove the allegations.  The attempt at
> showing what has been appropriated may be enough for the
> judge to see this as due diligence.
>

I thought it was still up to the accuser to prove the accusation. Not for
the defender to disprove it. Granted, in civil law, it is "preponderance of
the evidence" not "beyond a reasonable doubt", so the burden is not as
onerous on the claimant.

I did read the article, but I don't think that listing just about everything
in the kernel is "due diligence". Especially the weasel words "may or may
not". Or like the police telling the thief: "We say you stole some articles.
You're the one who stole the stuff, so if you tell us what you took, we'll
write up the arrest warrant based on that." BLECH!

--
John McKown
Senior Systems Programmer
UICI Insurance Center
Applications & Solutions Team
+1.817.255.3225

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