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IBM Motion to Limit SCO Claims Granted 195

Kalak writes "IBM's motion to limit SCO's claims to those that have specific version, file and line numbers has been granted, in part. At the end of last year, SCO made 294 allegations. IBM asked for dismissal of 198 of them due to lack of this information, 1 SCO withdrew, 1 IBM withdrew from the request, and 185 of them have been dismissed from the case. This leaves 107 of the charges are left to be addressed by means other than lack of specificity (such as public domain, BSD code, who owns it, etc.) As usual, Groklaw, has discussion, as well as the Order and an excellent chart of the history of alleged violations has been created as well."
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IBM Motion to Limit SCO Claims Granted

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  • by beheaderaswp ( 549877 ) * on Wednesday June 28, 2006 @09:21PM (#15625246)
    It's got to be sooner rather than later. The whole travesty look like a dam beginning to leak now. Let's hope it resolves cleanly, with a lot of positive press for Linux.
  • by cmowire ( 254489 ) on Wednesday June 28, 2006 @09:46PM (#15625327) Homepage
    Well, here's the big question...

    There's two possible reasons behind this particular lawsuit. One is because the SCO execs want to go after IBM for extortion. The other reason is because Microsoft is trying to go after Linux.

    If the second is true, any actions from here may be oriented towards preventing Microsoft from being revealed as the Man Behind The Curtain, rather than winning.
  • Pro-SCO (Score:5, Interesting)

    by PavementPizza ( 907876 ) on Wednesday June 28, 2006 @09:50PM (#15625344)
    Know what's funny? I just figured out that prosco.net [slashdot.org] is now a parked domain. [prosco.net] I guess they didn't have the heart to keep pretending anyone wanted to read it.
  • by ZachPruckowski ( 918562 ) <zachary.pruckowski@gmail.com> on Wednesday June 28, 2006 @10:02PM (#15625375)
    I'm sort of worried here. Someone allay this fear:

    To a non-legal mind, this could be portrayed as "losing on a technicality". So my worry is that anti-Linux FUDders can point at this and say "Well, Linux dodged a bullet based on shoddy lawyering/poor rulings, so it's still risky". Granted, we know (and have known for a while) that SCO has a very weak cases, but PHBs don't, and Joe Average doesn't.

    My worry is that SCO dies quietly when it suddenly announces bankruptcy, screws it shareholders, and abruptly the lawsuits all vanish.
  • by Ungrounded Lightning ( 62228 ) on Wednesday June 28, 2006 @10:13PM (#15625410) Journal
    My worry is that SCO dies quietly when it suddenly announces bankruptcy, screws it shareholders, and abruptly the lawsuits all vanish.

    Go to the bankruptcy auction.

    Bid a dollar for any of SCO's remaining IP claims.

    Contribute them to EFF.

    B-)

    Can you IMAGINE anyone - with the possible exception of Micro$oft - actually CONSIDERING pressing those claims after SCO was driven into bankruptcy trying it?

    For that matter, can you imagine Micro$oft even bidding on them, after all their antitrust suit losses?
  • SCO bankruptcy (Score:1, Interesting)

    by Anonymous Coward on Wednesday June 28, 2006 @10:20PM (#15625435)
    The case doesn't go away just because SCO goes bankrupt, especially not the counterclaims. What does happen is that the current management is kicked out and a bankruptcy trustee takes over. As long as the creditors (mostly Novell) agree, the trustee will craft any agreement that they want. In other words, the cases will be settled in a manner that benefits IBM, Novell, Red Hat and the Linux community in general. There will be a declaration that there is no code in Linux that violates any Unix copyrights.

    It's not guaranteed to happen but there's a good chance that Darl will go to jail.
  • Re:Granted IN PART (Score:4, Interesting)

    by Monokeros ( 200892 ) on Wednesday June 28, 2006 @10:32PM (#15625475)
    GAH! I corrected you and screwed up the numbers myself.
    Judge Wells allowed *11* of IBM's 198 disputed claims (23, 43, 90, 94, 186-192) and barred the rest.
  • by brandonY ( 575282 ) on Wednesday June 28, 2006 @10:52PM (#15625532)
    Wait, wait, wait, Sandeep Gupta testified for SCO? But he got an IBM Graduate Fellowship (September '88 -- May '91). Irony!
  • by ZachPruckowski ( 918562 ) <zachary.pruckowski@gmail.com> on Wednesday June 28, 2006 @10:58PM (#15625553)
    How does this affect the Red Hat and Novell cases? I seem to recall they were waiting on a decision here, but since they also deal with Linux code ownership, could any of the now-dead claims come back up in those cases?
  • by trewornan ( 608722 ) on Wednesday June 28, 2006 @11:56PM (#15625713)
    I just hope IBM aren't satisfied with just grinding SCO into fine powder.

    I hope they go after the company directors (I want to see them do some jail time), I want IBM to press a complaint with the bar against SCO's lawyers (I hope they never practice law again). I hope SCO's expert witnesses get prosecuted for perjury. I hope IBM turns on Baystar and forces some answers out of them (I'd love to see Baystar go down too).

    Even the more peripheral individuals and companies around this case deserve a good kicking. I hope forums like this won't let anybody forget which companies supported SCO or bought "Linux Licences" and which journalists backed their case (in particular - let's make sure every time DiDio makes some pronouncement everybody remembers what she said about how solid SCO's case was).

    It's time make sure everybody who assisted SCO suffers. It's time to make some examples. It's time to get vindictive.
  • by schon ( 31600 ) on Thursday June 29, 2006 @12:23AM (#15625799)
    SCO withdrew all of their allegations of copyright infringement in one of their early amended complaints.

    Yes, they did, however they have since apparently changed their mind, and tried inserting copyright claims back in (at the 14th hour*) through "expert" reports filed last month.
  • Willful vs Bad Faith (Score:4, Interesting)

    by jonathan_95060 ( 69789 ) on Thursday June 29, 2006 @12:56AM (#15625899)
    The fact that the Judge sanctioned SCO for "willful disobedience" rather than "bad faith" is analogous to Scooter Libby being charged with obstruction of justice rather than treason or some other more serious crime. In both cases the judge/procecutor/investigator knows the party is guilty as hell but life is easier by going with the easier to prove charge.

    The judge is simply trying to avoid wasting appellate judges time by not giving SCO anything they can reasonably dispute (i.e. "it wasn't bad faith because she can't read our mind").
  • by BigFootApe ( 264256 ) on Thursday June 29, 2006 @01:26AM (#15625974)
    An ethical code of conduct is important for a business. It creates a sense of trust in the client base which stabilizes markets. That trust is also important for strategic relationships with other businesses.

    Think of it like a farmer caring for his soil. Sure, he might squeeze a little more yield out in the short term, but he'll pay down the road.
  • by replicant108 ( 690832 ) on Thursday June 29, 2006 @05:18AM (#15626569) Journal
    "Nobody wants the Patent Wars, it is a doomsday device"

    More importantly, the big patent holders don't want patent wars before software patents are properly established in Europe.
  • by Jetson ( 176002 ) on Thursday June 29, 2006 @06:47AM (#15626730) Homepage
    Judge Wells supports her decisions in a manner that effectively prevents them from being appealed.

    She's also entertaining. I would have expected most legal decisions to be dry and technical, but she uses some layman concepts that suggest she's well aware her audience includes a lot of non-lawyers. My favorite item is on page 34:

    Certainly if an individual was stopped and accused of shoplifting after walking out of Neiman Marcus they would expect to be eventually told what they allegedly stole. It would be absurd for an officer to tell the accused that "you know what you stole so I'm not telling." Or, to simply hand the accused individual a catalog of Neiman Marcus' entire inventory and say "its in there somewhere, you figure it out."
  • Re:Not quite. (Score:3, Interesting)

    by rgmoore ( 133276 ) * <glandauer@charter.net> on Thursday June 29, 2006 @08:26AM (#15626987) Homepage
    Note the fact that they are still very much in business, and will be for several more years.

    They're only still in business because they've had several rounds of additional funding since the beginning of the trial, most of which looks as though it can be traced to a certain company whose name begins with "M" and which complains about Linux a lot. As of their last financial statement, they're hemorraging money at a rate that will bankrupt them shortly before opening statements in the IBM trial. Even if Bill Gates manages to send SCO some more money, they are going to lose at trial and IBM is going to be awarded damages that substantially exceed the net worth of the company. SCO's defeat won't be a quick one, but it's going to be most painful when it finally arrives.

  • Re:Pro-SCO (Score:3, Interesting)

    by Clovert Agent ( 87154 ) on Thursday June 29, 2006 @09:16AM (#15627249)
    That's not all. The old prosco.net page (http://web.archive.org/web/20050213064558/http:// prosco.net/) said:

    "SCO is anticipating that it will use this site as the future home for all information relating to SCO's pending lawsuits and related issues. For current information about SCO's suit against IBM, please visit www.sco.com/ibmlawsuit, and about SCO's suit against Novell, please visit www.sco.com/novell."

    Both the links in there are 404s now.

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