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Groklaw: Day 3 of the Trial, Through the Eyes of Groklaw and the SL Tribune
Here's what the Salt Lake Tribune reports happened today at the SCO v. Novell trial, all of which it records as if it were all so. Let's see if it is, by comparing what is reported about the testimony with what we already know. Part of what Groklaw does is insist on checking facts. So, let's do that. And then I'll share with you what our reporter there today has to say. [Link]
Groklaw: Volunteer Needed for Thursday Trial Coverage
Our scheduled reporter for Thursday and Friday is still a flu patient, and so we do need someone to cover Thursday's SCO v. Novell trial. If you can, please email me and I'll give you instructions. Trust me, you'll have fun. And the rest of us will be so grateful. Thanks!
Update: I'm just learning that the two reporters scheduled for today couldn't go after all. Medical issues. So hit the Paypal button, y'all. We'll order a daily ...
[Link]Schneier on Security: Nose Biometrics
Really: Since they are hard to conceal, the study says, noses would work well for identification in covert surveillance. The researchers say noses have been overlooked in the growing field of biometrics, studies into ways of identifying distinguishing traits in people. "Noses are prominent facial features and yet their use as a biometric has been largely unexplored," said the University... [Link]
Schneier on Security: The Limits of Identity Cards
Good legal paper on the limits of identity cards: Stephen Mason and Nick Bohm, "Identity and its Verification," in Computer Law & Security Review, Volume 26, Number 1, Jan 2010. Those faced with the problem of how to verify a person's identity would be well advised to ask themselves the question, 'Identity with what?' An enquirer equipped with the answer... [Link]
Groklaw: Jonathan Schwartz: What He Couldn't Say (on Patents, OpenOffice, and Bill Gates)
I know we are all riveted on Utah today, but take a moment, please, because this is important. Jonathan Schwartz, formerly CEO of Sun, has a personal blog, What I Couldn't Say ..., where he has begun to tell us what he couldn't tell us before about events during his tenure there. He has a interesting tale to tell about Bill Gates and Steve Ballmer asking Sun to pay patent royalties to Microsoft on ... OpenOffice. [Link]
Groklaw: Day 2 of the SCO v. Novell Trial - Opening argument - Updated Repeatedly - 1st Witness, Frankenberg
Would it surprise you to find out that it turns out that apparently one of the jurors might be related to one of SCO's prior corporate officers? At any rate they have the same last name, and Salt Lake City is a big place, so perhaps not. Novell noticed the similarity in names, according to our reporter today, MSS2, only after jury selection was over.
MSS2 has just sent me his first report of day 2 of the jury trial ...
[Link]Schneier on Security: Marc Rotenberg on Google's Italian Privacy Case
Interesting commentary: I don't think this is really a case about ISP liability at all. It is a case about the use of a person's image, without their consent, that generates commercial value for someone else. That is the essence of the Italian law at issue in this case. It is also how the right of privacy was first established... [Link]
Groklaw: More Back-and-Forth on Proposed Jury Instructions/Verdict Forms in SCO v. Novell
The parties are still going back and forth over pre-trial issues, specifically over the jury instructions and the verdict form. We may see even more on this, because jury instruction and the verdict form come at the very end, so there is still time to try to get it just right. Not that either side will be entirely happy with the result. SCO, of course, wants the last word.
But in truth, the wording of these documents does matter a ...
[Link]Schneier on Security: Guide to Microsoft Police Forensic Services
The "Microsoft Online Services Global Criminal Compliance Handbook (U.S. Domestic Version)" (also can be found here, here, and here) outlines exactly what Microsoft will do upon police request. Here's a good summary of what's in it: The Global Criminal Compliance Handbook is a quasi-comprehensive explanatory document meant for law enforcement officials seeking access to Microsoft's stored user information. It also... [Link]
Groklaw: Last-Minute Filings from Judge Stewart, SCO, Novell
My, if we think we're having trouble keeping up, how'd you like to be Judge Ted Stewart? Or Sterling Brennan, for that matter? So many filings already, and more today. Proposed exhibit and witness lists, a Memorandum of Authorities Regarding Excusing Potential Jurors Having Knowledge Pertaining to this Dispute -- the one I'm going to read first -- and another responding to SCO's Objection to Board Minutes and a letter from Brennan to the court. And then one more motion ... [Link]
Schneier on Security: Google in The Onion
Funny: MOUNTAIN VIEW, CA—Responding to recent public outcries over its handling of private data, search giant Google offered a wide-ranging and eerily well-informed apology to its millions of users Monday. "We would like to extend our deepest apologies to each and every one of you," announced CEO Eric Schmidt, speaking from the company's Googleplex headquarters. "Clearly there have been some... [Link]
Groklaw: Day 1 of the Jury Trial, SCO v. Novell - Updated 2Xs - We Have a Jury
Happily, cpeterson was able to attend this morning's session.
Update: It looks like that will be all the news for today. They are keeping the public in the hall mainly, to fit all the prospective jurors in, so unless there is something unexpected, tune in tomorrow.
Also, I see questions about what's hearsay within hearsay and things like that, so here are all the Federal Rules of Civil Procedure -- meaning the rules you follow for civil trials ...
[Link]Schneier on Security: Eating a Flash Drive
How not to destroy evidence: In a bold and bizarre attempt to destroy evidence seized during a federal raid, a New York City man grabbed a flash drive and swallowed the data storage device while in the custody of Secret Service agents, records show. The article wasn't explicit about this -- odd, as it's the main question any reader would... [Link]
Schneier on Security: De-Anonymizing Social Network Users
Interesting paper: "A Practical Attack to De-Anonymize Social Network Users." Abstract. Social networking sites such as Facebook, LinkedIn, and Xing have been reporting exponential growth rates. These sites have millions of registered users, and they are interesting from a security and privacy point of view because they store large amounts of sensitive personal user data. In this paper, we introduce... [Link]
Groklaw: Novell asks for further ruling on Motion in Limine No. 4
Novell has asked the Court to rule further on their Motion in Limine No. 4 [PDF; text]. The Court had previously issued a ruling [PDF] granting that Motion, but Novell now asks for further ruling, stating that "[t]he Court addressed this issue solely in the context of SCO's covenant of good faith claim. However, Novell's motion covered all of SCO's claims, including slander of title. The Court's prior ruling did not expressly address other claims, ... [Link]
Groklaw: Novell Never Mentioned UnixWare in its press releases in 2003 - Updated
SCO's Chapter 11 Trustee Edward Cahn bragged at Friday's bankruptcy hearing that he had won all the Daubert motions and most of the motions in limine in Utah. However, Judge Stewart has just reversed himself with regard to Novell's Motion in Limine No. 2 and No. 3 and has now granted them.
If you look at the chart we've prepared you can see that and if you do the math, you'll see that Novell was denied on six of ...
[Link]Groklaw: We Need A Volunteer for Monday at the Trial
We need a volunteer to cover the first day of trial. Our volunteer has the flu, so it's a crisis. This will be the day they pick the jury and possibly also do the opening statements, about the most important day of the week.
Further, I don't think there will be a transcript of the jury picking, so if we don't have anyone, we'll never know what happened.
So if there is any way you can attend, this is your ...
[Link]Groklaw: March 5 Bankruptcy Hearing Report - Updated
Here is Groklaw member RFD's report from the bankruptcy hearing from Friday March 5. His initial notes come first, followed by a more detailed report by another witness, pbk.
Update: PJ: I have had a chance now to listen to the CD, and I've taken notes to share with you. I've added them at the end. My overview: this is money they want to pay themselves, Blank Rome and the other professionals. I take it they are worried ...
[Link]Groklaw: More filings in Novell - Updated
It's been a busy week heading up to the Novell trial in Utah, and I had an accident, which is why I've been offline. I am recovering now, and we'll have the more detailed reports from the hearing shortly. There were some additional filings on Friday and this morning, including some more decisions from Judge Stewart (we have 762 as text), and some more pre-trial filings from both sides. So while we're waiting for the trial to commence, let's get ... [Link]
Groklaw: Yarro Deal Approved
Believe it or not, here's our first report from today's bankruptcy hearing: The bottom line is that Judge Gross found that the terms of the proposed loan are "fair, reasonable & adequate." He then signed the order. SCO plans to close on the deal on Monday [Link]
Schneier on Security: Friday Squid Blogging: Squid Teapot
Squid teapot. Could be squiddier.... [Link]
Schneier on Security: Another Interview with Me
I gave this one two days ago, at the RSA Conference.... [Link]
Schneier on Security: Mariposa Botnet Shut Down
The Spanish police arrested three people in connection with the 13-million-computer Mariposa botnet.... [Link]
Groklaw: More MOR's, and an Amended Agenda for Friday's Hearing
It's getting hard to keep up with all the filings, but here are the MORs through January, typically being filed just before a court hearing, so no one has time to read them and digest it all. I note that the MORs all have the same disclaimer, so this may be interim MORs. [Link]
Schneier on Security: Comprehensive National Cybersecurity Initiative
On Tuesday, the White House published an unclassified summary of its Comprehensive National Cybersecurity Initiative (CNCI). Howard Schmidt made the announcement at the RSA Conference. These are the 12 initiatives in the plan: Initiative #1. Manage the Federal Enterprise Network as a single network enterprise with Trusted Internet. Initiative #2. Deploy an intrusion detection system of sensors across the Federal... [Link]
Groklaw: Changes and Additional Documents to the Yarro Deal Filed
There are more filings in the bankruptcy, related to the proposed Yarro deal, and because that hearing is coming up soon, on Friday, I'm posting them quickly, before even reading them myself. Specifically, there are proposed changes to the deal, so take a look. Exhibit A is the redlined draft. Exhibit F is "proof" that Seung Ni Capital, LLC actually exists, or at least that it has written up Articles of Organization. It's a Utah LLC. Or at ... [Link]
Groklaw: Sale Motion Re-notice on Mobility Sale and Dueling Definitions in Utah
SCO's Chapter 11 Trustee Edward Cahn has filed the obligatory notice regarding his intention to sell the mobility assets to Darl McBride. If anyone has a counteroffer, it provides information on what to do. Also, if anyone has a mobility contract with SCO, it will be going to Darl, so if they don't want that to happen or have an objection to the listed cure amount, the notice tells them what to do to file their objection. Otherwise, if no ... [Link]
Schneier on Security: Crypto Implementation Failure
Look at this new AES-encrypted USB memory stick. You enter the key directly into the stick via the keypad, thereby bypassing any eavesdropping software on the computer. The problem is that in order to get full 256-bit entropy in the key, you need to enter 77 decimal digits using the keypad. I can't imagine anyone doing that; they'll enter an... [Link]
Groklaw: New *Joint* Voir Dire Questions
SCO and Novell have amended their voir dire questions and submitted a new joint set: The parties jointly submit this set of Joint Proposed Voir Dire Questions, to be considered in lieu of the questions previously submitted separately. Here are the originals, their separate lists, if you'd like to compare. And I think you might like to, because this is the first time the parties' lawyers have cooperated on anything that I can recall getting better as a ... [Link]
Groklaw: Friday's Bankruptcy Agenda Posted - We Need a Volunteer - Update: Hearing on Darl Motion Set 3/15
The Notice of Agenda for the bankruptcy hearing on Friday is posted. Also, two of our faithful reporters can't make it this time, so if anyone else can go, it would be greatly appreciated. It's March 5 at 11 AM. The notice has the address in Delaware Bankruptcy Court in Wilmington.
Here's what will be covered: 1. A status report from Edward Cahn, SCO's trustee.
2. The Yarro loan offer. How can you resist? It should be eventful indeed. So ...
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