Feeds

Linux lovers must wait until 2007 for SCO vs IBM showdown

Trial delayed for bit of Palmisano

  • alert
  • submit to reddit

Providing a secure and efficient Helpdesk

The SCO Group's quest for software IP righteousness looks set to linger on until at least 2007 after a judge pushed back the trial date for the company's battle with IBM.

A five-week jury trial will now begin on Feb. 26, 2007, as a result of a recent ruling by U.S. District Court Judge Dale Kimball. As the case hobbles to trial, SCO will now also have a chance to depose IBM's CEO Sam Palmisano in this dispute over whether or not bits of Unix owned by SCO illegally made their way into Linux thanks to IBM. The previous trial date, already delayed twice itself, was Nov 1.

"The court finds that Mr. Palmisano could have unique personal knowledge related to the claims in this action," the judge wrote. "Thus, IBM must produce Mr. Palmisano for a deposition. . . . Although SCO seeks a seven-hour deposition, the court imposes a limit of four hours, not including any breaks taken during the deposition. "

In addition, the judge denied SCO's bid to amend its complaint for a third time. The proposed change would have charged IBM with violating copyright agreements around its Project Monterey software by putting Unix System V Release 4 code into IBM's AIX OS for its Power chips. (Much more on Monterey is available here.)

"[T]he court finds that SCO has unduly delayed seeking leave to assert the proposed cause of action," the judge wrote. "It appears that SCO–or its predecessor either knew or should have known about the conduct at issue before it filed its original Complaint. Accordingly, the court declines to permit the filing of a Third Amended Complaint."

For those who have lost track, SCO originally filed suit against IBM way back in March of 2003, seeking billions in damages. Since then, lawsuits have gone out against Red Hat, Novell and Linux customers. SCO once claimed it would present clear evidence of IBM's misdeeds. The court, however, has chided the software maker for failing to produce much in the way of evidence at all.

Happy waiting. ®

Related stories

Novell versus SCO will go to court
SCO watches Q2 revenue and loss shrink
IBM and Red Hat to teach Uni students how not to get offshored
Sun acquires oldSCO for $25m
SCO, Groklaw and the Monterey mystery that never was
SCO makes Unix revenue disappear in Q1

Beginner's guide to SSL certificates

More from The Register

next story
ONE MILLION people already running Windows 10
A third of them are doing it in VMs, but early feedback focuses on frippery
Netscape Navigator - the browser that started it all - turns 20
It was 20 years ago today, Marc Andreeesen taught the band to play
Sway: Microsoft's new Office app doesn't have an Undo function
Content aggregation, meet the workplace ... oh
Sign off my IT project or I’ll PHONE your MUM
Honestly, it’s a piece of piss
Do Moan! MONSTER 6-day EMAIL OUTAGE hits Domain Monster
Customers freaked out by frightful service
Return of the Jedi – Apache reclaims web server crown
.london, .hamburg and .公司 - that's .com in Chinese - storm the web server charts
NetWare sales revive in China thanks to that man Snowden
If it ain't Microsoft, it's in fashion behind the Great Firewall
prev story

Whitepapers

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.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
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.
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?
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.