Feeds

SCO dodges bullet

Still a case of smoke 'em if you got 'em

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

SCO dodged a legal bullet, yesterday, as the judge overseeing its lawsuit against IBM refused the computer giant's request for a summary judgment. But it may only be a temporary reprieve, as District Judge Dale Kimball used his statement to launch a scathing attack on the merits of SCOs case against IBM.

IBM was seeking a ruling from the judge that its Linux distribution does not infringe SCO's claimed copyright. Judge Kimball said that it was tempting to grant the motion, because of the lack of evidence SCO had filed, but concluded that it would be premature. Then, the gloves came off:

"Despite the vast disparity between SCO's public accusations and its actual evidence - or complete lack thereof - and the resulting temptation to grant IBM's motion, the court has determined that it would be premature to grant summary judgment," Judge Kimball wrote.

"Viewed against the backdrop of SCO's plethora of public statements concerning IBM's and others' infringement of SCO's purported copyrights to the Unix software, it is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO's alleged copyrights through IBM's Linux activities."

Judge Kimball pointed out that SCO is not consistent in its own papers about the nature of IBM's alleged infringement.

SCO claims that it owns the copyright on sections of Unix source code, and that when IBM moved Unix technology to Linux, it infringed on those rights, and breached the terms of the contract between the two companies.

It initially said it would argue this in court, but in its main case, it asserts only that IBM continued to ship its version of Unix after the SCO licence had been revoked. Despite this, Kimball said, SCO has continued to refer to the broader copyright claims, something he described as "puzzling".

The outlook for SCO is not great. Although Kimball will hear its arguments, he had already told SCO that he doesn't find them persuasive. As John Ferrell, a specialist intellectual property lawyer at Carr & Ferrell, told CNET: "There's very little that can be more disastrous to your case than an angry federal judge." ®

Related stories

SCO parent sued by former execs
Hand over the code, judge tells IBM
SCO's vanishing licensing biz hits Q4 revenues
SCO hacked in apparent IP protest
SCO not sure pro-SCO site is a good idea

Internet Security Threat Report 2014

More from The Register

next story
PEAK APPLE: iOS 8 is least popular Cupertino mobile OS in all of HUMAN HISTORY
'Nerd release' finally staggers past 50 per cent adoption
Microsoft to bake Skype into IE, without plugins
Redmond thinks the Object Real-Time Communications API for WebRTC is ready to roll
Microsoft promises Windows 10 will mean two-factor auth for all
Sneak peek at security features Redmond's baking into new OS
Mozilla: Spidermonkey ATE Apple's JavaScriptCore, THRASHED Google V8
Moz man claims the win on rivals' own benchmarks
Yes, Virginia, there IS a W3C HTML5 standard – as of now, that is
You asked for it! You begged for it! Then you gave up! And now it's HERE!
FTDI yanks chip-bricking driver from Windows Update, vows to fight on
Next driver to battle fake chips with 'non-invasive' methods
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
Ubuntu 14.10 tries pulling a Steve Ballmer on cloudy offerings
Oi, Windows, centOS and openSUSE – behave, we're all friends here
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Reducing the cost and complexity of web vulnerability management
How using vulnerability assessments to identify exploitable weaknesses and take corrective action can reduce the risk of hackers finding your site and attacking it.