A Delaware district Judge has rejected The SCO Group's request to throw out Red Hat's lawsuit against it, but stayed the case pending the result of SCO vs. IBM vs. SCO. Judge Robinson said it would be "a waste of judicial resources" for the case to continue while litigation between IBM and SCO continues in Utah. That case isn't due to be heard until next year, although it could end much sooner.

IBM has asked the Judge to issue a declaratory judgment, which is possible after the discovery process ends, no later than October. Later this month SCO and IBM will exchange evidence; both parties blame each other for prevaricating. SCO also launched an attack on Novell in January. Novell hasn't countersued, but has made the case (http://www.theregister.co.uk/2004/02/12/novell_offers_sco_last_drink/) that SCO doesn't own what it thinks it owns - rights to System V UNIX - which fatally undermines its case against IBM, and Red Hat too. ®

Related Stories

SCO vs. IBM vs. SCO: Is the end in sight? (http://www.theregister.co.uk/2004/03/31/sco_vs_ibm_vs_sco/)
SCO shares keep on sliding (http://www.theregister.co.uk/2004/03/11/sco_shares_keep_on_sliding/)
Microsoft encouraged anti-Linux investment shock! (http://www.theregister.co.uk/2004/03/11/microsoft_encouraged_antilinux_investment_shock/)
SCO confirms MS smoking gun email is genuine (http://www.theregister.co.uk/2004/03/05/sco_confirms_ms_smoking_gun/)
'We're just like the RIAA,' says SCO (http://www.theregister.co.uk/2004/03/04/were_just_like_the_riaa/)
SCO takes Linux-loving auto industry to court (http://www.theregister.co.uk/2004/03/03/sco_takes_linuxloving_auto_industry/)
SCO customer admits to IP license purchase (http://www.theregister.co.uk/2004/03/01/sco_customer_admits_to_ip/)
Novell offers SCO last drink at System V saloon (http://www.theregister.co.uk/2004/02/12/novell_offers_sco_last_drink/)
Novell turns the screws on SCO (http://www.theregister.co.uk/2004/02/11/novell_turns_the_screws/)
SCO abandons trade secret attack on IBM (http://www.theregister.co.uk/2004/02/07/sco_abandons_trade_secret_attack/)