Feeds

Linux lovers must wait until 2007 for SCO vs IBM showdown

Trial delayed for bit of Palmisano

  • alert
  • submit to reddit

The Power of One Brief: Top reasons to choose HP BladeSystem

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

The Essential Guide to IT Transformation

More from The Register

next story
KDE releases ice-cream coloured Plasma 5 just in time for summer
Melty but refreshing - popular rival to Mint's Cinnamon's still a work in progress
NO MORE ALL CAPS and other pleasures of Visual Studio 14
Unpicking a packed preview that breaks down ASP.NET
Secure microkernel that uses maths to be 'bug free' goes open source
Hacker-repelling, drone-protecting code will soon be yours to tweak as you see fit
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Put down that Oracle database patch: It could cost $23,000 per CPU
On-by-default INMEMORY tech a boon for developers ... as long as they can afford it
Another day, another Firefox: Version 31 is upon us ALREADY
Web devs, Mozilla really wants you to like this one
Google shows off new Chrome OS look
Athena springs full-grown from Chromium project's head
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.