Hello (again) from Gregg C Levine Phil, that sounds familiar to me. Can you post a location for that? I know, (don't ask me how!), that Demon, is one of the larger UK based service providers. ------------------- Gregg C Levine [EMAIL PROTECTED] ------------------------------------------------------------ "The Force will be with you...Always." Obi-Wan Kenobi "Use the Force, Luke." Obi-Wan Kenobi (This company dedicates this E-Mail to General Obi-Wan Kenobi ) (This company dedicates this E-Mail to Master Yoda )
> -----Original Message----- > From: Linux on 390 Port [mailto:[EMAIL PROTECTED] On Behalf Of > Phil Payne > Sent: Thursday, November 20, 2003 3:18 PM > To: [EMAIL PROTECTED] > Subject: Re: [LINUX-390] SCO Vs IBM > > > I don't think that listing all files that have SCO, or SMP in them is due diligence > either, > but the judge might if he doesn't really understand how this was done. > > A dangerous assumption. > > In the Dr Godfrey vs Demon Internet libel case, Demon Internet's case collapsed > during the > pre-trial hearing. During the (not under oath) discussions of the "discovery" - as the > agreed > evidence is known - a member of Demon's staff asserted that they had no way to > know how many > of the newsgroups on their nntp servers were being read by their subscribers. > > Hizzonour - Mr Justice Edie - stopped him. He reached into a 15" pile of paper on > his desk, > flipped through two or three, and pulled one out. > > "Excuse me, but that isn't what you said in your last capacity plan in January this > year. You > have clearly analysed access not only by newsgroup to decide placement but also > what > percentage is your own clients." > > SPLAT!!! > > Even the barrister prosecuting was stunned, and leaned over to say: "Is he right?" > > He was. Beware Hizzonour. > > An out-of-court settlement followed within the hour. > > -- > Phil Payne > http://www.isham-research.com > +44 7785 302 803
