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Re: SCO Keeps on Ticking

  • Subject: Re: SCO Keeps on Ticking
  • From: "Rex Ballard" <rex.ballard@xxxxxxxxx>
  • Date: 6 Jul 2006 12:16:42 -0700
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Roy Schestowitz wrote:
> __/ [ John Bailo ] on Thursday 06 July 2006 18:28 \__
> > Ray Ingles wrote:
> >
> >>  It does suggest that they aren't an infinite well of cash, though.
> >> But I *really* hope SCO decides to keep fighting until the bitter (for
> >> them) end. I want some slammin' court precendents.

Perhaps this is why IBM didn't ask for dismissal of all of the claims.
Perhaps, by keeping the remaining claims open, which can easily be
challenged, it keeps the door to discovery open.  It gives IBM the
ability to expose the forces behind the attack, and to go after the
deeper pockets.

> > Exactly!
> > The upside of this is it removes tons of ambiguity from the marketplace,
> > making it easier to move to Linux.

Actually it fully establishes that Linux is free of all proprietary
AT&T software.

It actually vidicates Linux far better than anyone could have hoped.
SCO was trying to prevent the publication of the lines of code they
claimed were "stolen".  In many cases, they even found that SCO had
been claiming ownership of code that wasn't even theirs.

> I read the article earlier today. It seems to imply that many commercial
> software companies will continue to funnel money into SCO, so long as these
> lawsuits serves as a deterrent to prospective Linux migrants.

And there in lies the reason for not dropping all of the charges.
After all, it's pretty clear that Microsoft would like to see SCO win
as much as they could, but they avoided being directly tied to the
funding of the case to avoid having to pay huge legal costs, should IBM
win their case.

>  It's a misfortunate case of FUD through alliances and I'm surprised it's legal.

Actually, filing a well-grounded case is legal, but the Judge was
willing to dismiss all of the charges IBM requested that she dismiss.
She even telegraphed her decision by asking if there were any
discoveries that IBM wanted to request before she rendered her
decision.

IBM requested disclosures into the entire funding and financing of SCO
since the Caldera/SCO merger, including more details about past and
present investors such as Bay Star Capitol.  The judge was quite
willing to grant all of these disclosures.

It's pretty obvious that at least one company with deep pockets was
trying to use SCO as a shield and puppet.  It appears that IBM is
looking for others, and perhaps, a stronger tie to Microsoft.

The opinions above are strictly my personal opinions and speculation.
I make no claim to know the intents or desires of the IBM legal in this
matter.


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