Feeds

SCO dodges bullet

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

  • alert
  • submit to reddit

Beginner's guide to SSL certificates

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court, but in its main case, it asserts only that IBM continued to ship its version of Unix after the SCO licence had been revoked.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

Beginner's guide to SSL certificates

More from The Register

next story
Preview redux: Microsoft ships new Windows 10 build with 7,000 changes
Latest bleeding-edge bits borrow Action Center from Windows Phone
Google opens Inbox – email for people too thick to handle email
Print this article out and give it to someone tech-y if you get stuck
Microsoft promises Windows 10 will mean two-factor auth for all
Sneak peek at security features Redmond's baking into new OS
UNIX greybeards threaten Debian fork over systemd plan
'Veteran Unix Admins' fear desktop emphasis is betraying open source
Entity Framework goes 'code first' as Microsoft pulls visual design tool
Visual Studio database diagramming's out the window
Google+ goes TITSUP. But WHO knew? How long? Anyone ... Hello ...
Wobbly Gmail, Contacts, Calendar on the other hand ...
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
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.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.