Linus: What Subpoena? Update: He Just Got It

Wednesday, November 12 2003 @ 09:41 PM EST

Contributed by: PJ

As you probably heard, SCO is claiming that they sent subpoenas to Linus and the Pope. No, only kidding. But they do say they sent to the following:

"SCO said Wednesday that it has filed subpoenas with the U.S. District Court in Utah, targeting six different individuals or organizations. Those include Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation ; Stewart Cohen, chief executive of the Open Source Development Labs ; and John Horsley , general counsel of Transmeta.

"SCO spokesman Blake Stowell said he did not know what the subpoenas asked for, but 'I know that some of them have been served.'"

I checked with Linus, and he says he didn't get one yet. UPDATE He just got his subpoena. Served him during dinner.

I also checked with the courthouse. Nothing there.

Since there are no verifiable facts as of yet, and no, a Blake Stowell statement doesn't count as a fact with me, let's play make-believe. What if SCO saw Daniel Lyons' article in Forbes about the IBM subpoenas they served on BayStar and the analysts and decided to hastily do a copycat routine to get headlines back for themselves and attention away from BayStar and all that? You think? Say, how has that stock been doing, anyway? Oh, dearie me. Down to 14.73 at closing. I wonder what will happen tomorrow? Think it might go up?

You know, it isn't exactly normal to announce who you are going to subpoena. For one thing, the party might go on a 2-year world cruise on a raft or something, and then you might find them hard to timely serve. Not that I'm trying to give Linus any suggestions, of course. But a guy might just find himself pining for the fjords.

The whole thing just smells very, very odd. I wonder why reporters don't notice such things and ask Blake some obvious followup questions when they get these phone calls, like what do you think somebody else's lawyer is going to tell you? Then there is the math. They said six, but there are only five listed. I guess they don't teach math to journalism majors.

190 comments



http://www.groklaw.net/article.php?story=20031112214115524