Feeds

IBM drops SCO countersuit claims

Hurry up

Choosing a cloud hosting partner with confidence

IBM has dropped its a number of patent infringement counterclaims against The SCO Group.

SCO had filed a large number of requests for additional depositions regarding the countersuit, and IBM says it's dropping several claims - but not the suit - to speed up its defense of SCO vs IBM.

"While IBM continues to believe that SCO infringed IBM's valid patents, IBM agreed to withdraw its patent counterclaims to simplify and focus the issues in this case and to expedite their resolution. The little discovery that SCO has produced regarding IBM's patent claims makes clear that there is insufficient economic reason to pursue these claims. Since SCO's sales have been, and are, limited, a finding of infringement would yield only the most modest royalty or award of damages and would not justify the expense of continuing prosecution of these claims," said IBM.

In other words, SCO's dwindling financial resources mean that the reward from winning the countersuit weren't worth the trouble. An impatient Judge Wells also denied SCO's motion to compel IBM to release hundreds of thousands of documents relating to the development history of Linux.

"It's a breathtakingly bold chess move," says Groklaw's Pamela Jones of IBM's decision to drop its lawsuit.

As she explains further -

"There is no money from a plaintiff that has burned through its millions, handing it all over to lawyers chasing a now-popped bubble of a scheme. Oops. Did I say scheme? That doesn't seem like the right word. Did I mean to write scam? No, I probably meant to write dream. That's it. A popped bubble of a dream. Ah! those fading daydreams of second homes -- nay, castles! -- and undeserved millions, just from cynically hitching a piggyback ride on the back of the rising star, Linux. I guess we will get to find out from SCO the answer to poet Langston Hughes' question in his poem, 'Dream Deferred' …"

Which she then quotes, but which we'll spare you. ®

Providing a secure and efficient Helpdesk

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
Redmond top man Satya Nadella: 'Microsoft LOVES Linux'
Open-source 'love' fairly runneth over at cloud event
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.