Comment The lack of previous resolution left IBM exposed (Score 2) 108
Despite the fact that SCO's attorneys were on the verge of being sanctioned for failing to produce any evidence last time, the way the case ended is SCO and IBM both just dropped the case without real resolution. Now we have a savvy attorney from Xinuos making the argument:
"But if we thought that infringement claims accrue at the time of copying, it might be that if IBM then uses the code again at a later time, there's a new infringement claim."
Even though exactly what was initially copied by IBM that was uniquely SCO content was never really made clear by SCO despite years of legal maneuvering.
This is just old fashioned gray mail. The only reason Xinuos exists is to extort money from IBM, so that is what they are going to do.
"But if we thought that infringement claims accrue at the time of copying, it might be that if IBM then uses the code again at a later time, there's a new infringement claim."
Even though exactly what was initially copied by IBM that was uniquely SCO content was never really made clear by SCO despite years of legal maneuvering.
This is just old fashioned gray mail. The only reason Xinuos exists is to extort money from IBM, so that is what they are going to do.