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* Posts by Brian Utterback

6 posts • joined 21 Feb 2008

Three years since his Sun gobble, what hath Ellison wrought?

Brian Utterback

Couldn't be.

The timing doesn't work. The IBM deal fell through before Oracle made an offer.

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Boffins sex pterodactyls at last

Brian Utterback
Stop

If you look at the pictures...

The link in the article goes to the original press release and has picture. The egg appears to be inside the rest of the fossil. I am not an expert, so I couldn't even speculate in this regard, but I am pretty sure that the scientists involved wouldn't say the the fossil is female unless they at least thought that the egg was un-laid.

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Apple director 'disgusted' by Jobsian health secrets

Brian Utterback
Thumb Down

How naive

This article is just plain stupid. Saying that the CEO serves the board is a very naive position to take. In reality the interplay between the board and the CEO can be very complex. Many CEO's are also the chairman of the board, for instance, which is true in Apples case. As such the directors are nearly all involved in some relationship with the CEO. The fact that York was disgusted with this single issue doesn't say anything about his relationship with Jobs otherwise. The wise CEO fills the board with people skilled in areas he is not.

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NetApp faces Sun lawsuit loss

Brian Utterback

Grasping at straws. Huh?

Quoth "Anonymous coward":

>Sun is on its death bed and grasping at straws

What does that even mean in this context? Defending itself in court against a law suit is "grasping at straws"? That doesn't make any sense. Are you saying that if they weren't grasping at straws, then they wouldn't have defended themselves?

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SCO ordered to pay Novell $2.5m Unix royalties

Brian Utterback

You don't understand the deal with Sun.

Sun did not purchase a new license that gave them the right to open source the Unix source code. They already had that from AT&T and Novell in their original license. What Sun purchased with the new license was to bring all of the code that had been developed since the first license was purchased that Sun had incorporated into Solaris (primarily i385 drivers) under the same terms as the first license. The first license allowed Sun to open source all of the source from that time and all the works derived therefrom. The relatively small amount (in comparison) of code that had subsequently been added was not covered, so Sun had to pay to bring that code under the same terms. It wouldn't make sense for Novell to go after Sun, because the damages involved would be basically non-existent. They would likely to get the same amount that SCO nows owes them or less, and the amount of bad-will generated would be incalculable. They would be the new SCO.

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Hacker holds onto ill-gotten gains thanks to US courts

Brian Utterback

The court is in error.

SEC rule 10b5-1 makes it illegal for anyone to make trades on the basis of any

material non-public information, not just insider's. The classic example is that if you witness a fire in a company's only warehouse and then call your broker and

sell your shares in that company before the fire is reported on the news, you are guilty of insider trading. Another example that actually happened, was that a company that happened to be in a small town. The people of the town noticed that this company had a sudden spate of visits by the executives of another company and deduced that the other company was going to acquire the local one, and then traded accordingly. this was deemed insider trading, because the local towns people had access to the information of the visits that was not public knowledge.

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