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IBM Files For Declaratory Judgement In SCO Case

Some Bitch writes "IBM has filed for declaratory judgement in the SCO case. They want the court to declare that "IBM does not infringe, induce the infringement of or contribute to the infringement of any SCO copyright through its Linux activities, including its use, reproduction and improvement of Linux, and that some or all of SCO's purported copyrights in Unix are invalid and unenforceable.". If the judge grants the motion then SCO effectively has no case and the whole thing is over." spafbnerf notes that "SCO has filed a motion for the patent infringement claim to be split into a separate case." fr0z adds a link to Groklaw's always-excellent coverage.

41 of 390 comments (clear)

  1. Files For Declaratory Judgement by Anonymous Coward · · Score: 4, Funny
    Well, a few colleagues and I analyzed Files For Declaratory Judgement a few months ago. The upshot was that we were disappointed, as there are more powerful solutions hitting the market soon, and less expensive to boot.

    In sum, I think that Files For Declaratory Judgement is overrated and would recommend against it at this time.

    1. Re:Files For Declaratory Judgement by sysadmn · · Score: 2, Funny

      Yeah, Files for Ejaculatory Declaration (aka Pr0n) is a much more widespread technology. I wouldn't particularly want to see what IBM creates in this area, though. It gives 'Big Blue' a scary connotation.

      --
      Envy my 5 digit Slashdot User ID!
  2. My precioussss, preciousss lawyers! by orthogonal · · Score: 4, Funny

    spafbnerf notes that "SCO has filed a motion for the patent infringement claim to be split into a separate case."

    But, why?

    I mean, if IBM gets the declaratory judgment, it'll wrap this all up.

    Splitting off the patent infringement into another lawsuit will just drag this out for another year...

    Oh!

    1. Re:My precioussss, preciousss lawyers! by GreyPoopon · · Score: 2, Funny
      Splitting off the patent infringement into another lawsuit will just drag this out for another year...

      Yeah, but wouldn't it truly be justice if SCO loses their case, then by their own request gets the patent infringement issues transferred to a separate lawsuit and loses that as well? Man, that would feel like sinking a three-pointer, scoring a goal with a bicycle kick, or getting a monster spike in volleyball.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

  3. ...and the whole thing is over!? by gloth · · Score: 4, Funny

    but wouldn't life be just a little bit too bland without our favorite enemy?

    1. Re:...and the whole thing is over!? by DaHat · · Score: 1, Funny

      and that assumes that they don't appeal.

      That's the great thing about the US court system, even if you have no case, you can still cause havoc in court for years!

    2. Re:...and the whole thing is over!? by orthogonal · · Score: 5, Funny

      SCO is like Vader. What do we do once he's gone. Now granted, SCO is no where near as cool and powerful as Vader but they are our mortal enemy. And we both use a power like the force. Called the net.

      And Darl McBride is Linus Torvald's real father?

      Richard Stallman is Yoda?

      In your SCO-is-Vader cosmology, who's Jar Jar Binks?

    3. Re:...and the whole thing is over!? by Pensacola+Tiger · · Score: 5, Funny

      Jar Jar Binks = Steve Ballmer?

    4. Re:...and the whole thing is over!? by liquidsin · · Score: 3, Funny

      Well, Jar Jar was on the side of good, and had good intentions, he was just a bumbling moron. So I vote for a /. editor *COUGH*Michael*COUGH*

      --
      do not read this line twice.
    5. Re:...and the whole thing is over!? by hairyface · · Score: 3, Funny

      "In your SCO-is-Vader cosmology, who's Jar Jar Binks?"

      Eric Raymond?

    6. Re:...and the whole thing is over!? by Asprin · · Score: 5, Funny

      Let's examine the facts, shall we:

      1. He's goofy...
      2. barely intelligible...
      3. clearly from another planet...
      4. he's on the side with the good guys by default (nobody else wanted him)...

      5. and

      6. his power is entirely political and was gained solely by association with other people who actually know what they are doing.

      Jar Jar == Larry Ellison.

      [*rimshot*]

      THANK YOU, THANK YOU! YOU'RE A GREAT AUDIENCE! I'LL BE HERE ALL WEEK!
      --
      "Lawyers are for sucks."
      - Doug McKenzie
    7. Re:...and the whole thing is over!? by Grave_Rose · · Score: 2, Funny

      Richard Stallman is Yoda?

      As long as he's not Princess Lea. *shudder*

      Gr@ve_Rose

      --
      !ekoj on si aixelsyD
    8. Re:...and the whole thing is over!? by FurryFeet · · Score: 2, Funny

      I'LL BE HERE ALL WEEK!

      No, you won't.
      Love,
      Larry.

  4. damn by Anonymous Coward · · Score: 0, Funny

    SCO is dying :~(

    Probably a good time to dump this stock

    1. Re:damn by Anonymous Coward · · Score: 1, Funny
      I just heard some sad news on talk radio - washed out tech company SCO was found dead in its Utah home this morning. There weren't any more details.

      I'm sure everyone in the Slashdot community will miss them - even if you didn't use their software, there's no denying their contributions to the technology field.

      Truly an American icon.

  5. Everything from 'If' to 'then' is unneeded. by Jameth · · Score: 5, Funny

    "If the judge grants the motion then SCO effectively has no case"

    Everything from 'If' to 'then' is unneeded.

  6. Really? by Amaruit · · Score: 2, Funny

    The whole thing could soon be over? Wow. I mean 2003 could be described as the 'year of the SCO'. A day without SCO news on slashdot is like.... I can barely remember what it was like before.

  7. Do you have any idea how hard it was.... by Anonymous Coward · · Score: 3, Funny

    For IBM's lawyers to get the licensing issues ironed out so they could use the Imperial March while slow-motion walking into the courtroom? Or the schedueling and accomidation issues for a full marching band?

  8. Re:Its about time IBM by black+mariah · · Score: 1, Funny

    Lets hope it does. That way we can see SCO fall through the trapdoor unexpectedly and break both its legs when it hits the ground. Then they can get some more rope and hang them afterwards. >:D

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
  9. To paraphrase MAD. by Galileo430 · · Score: 5, Funny

    I'll catch you next time TORVALDS!!!

    Next Up: SCO vs US Government

  10. Re:SCO, IBM, and my employer by Anonymous Coward · · Score: 1, Funny
    I'm an attorney in a medium size corporation. We have held off on adopting Linux.

    No, you're a troll on a large size news website.

  11. Re:SCO, IBM, and my employer by AndroidCat · · Score: 2, Funny

    Maybe all the pro-SCO posts keep coming from anonymous cowards at IP address 216.250.128.12?

    --
    One line blog. I hear that they're called Twitters now.
  12. Booyah! by basil+montreal · · Score: 0, Funny

    I'm wearing blue stripes to work tomorrow!!!

    I love IBM...

  13. Re:Its about time IBM by Anonymous Coward · · Score: 3, Funny

    Is it true that SCO and RIAA are planning a merger?

  14. Objection! by Royster · · Score: 4, Funny

    These are intelligent, wealthy people, and they did not get that way by filing groundless lawsuits.

    Assumes facts not in evidence.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  15. Re:SCO, IBM, and my employer by forgotmypassword · · Score: 1, Funny

    More than once I have read a compelling "pro-SCO" post that disappears not long after it appears.

    Too bad SCO had nothing compelling in the court room.

    OOOOO Burn.

  16. Re:SCO, IBM, and my employer by Anonymous Coward · · Score: 1, Funny

    Hey, my IP is in Windows 2003. Please could you send me $999 per CPU. Thanks, I'll be expecting the check in the post.

  17. Re:Its about time IBM by Anonymous Coward · · Score: 2, Funny

    Your comment reminds me of another slashdot comment from the early 90's that I forget the name of.

    Do I get modded up? Sheesh. Moderators of parent: this contributes nothing to the discussion.

  18. Re:SCO, IBM, and my employer by Gorath99 · · Score: 2, Funny

    > These are intelligent, wealthy people, and they did not get that way by filing groundless lawsuits.

    Are they more intelligent and wealthier than IBM and Novell?

  19. Re:Checkmate, endgame by lavalyn · · Score: 2, Funny

    This is so well laid out that even a child of 6 could understand what it is

    Fetch me a child of six!

    --
    Doing the Right Thing should not be preempted by making a buck.
  20. Don't forget by QEDog · · Score: 2, Funny

    Don't forget the Chewbacca defense!

    --
    "There is no teacher but the enemy."-Mazer Rackham
  21. Re:IBM 1 TSG 0 by the_thunderbird · · Score: 3, Funny

    Crivens! I di'nae noo wee could have lawyers on our side! Aye if this be truue the SCOO laywers will be getting a right kickin' in nae time!

  22. Re:This is no trifling ploy... by asr_man · · Score: 2, Funny

    Hmmm... I wonder what color parachute Darl has...

    Anvil colored.

  23. I would have gotten away with it it too,,,, by genner · · Score: 2, Funny

    if it weren't for those meddling kids and their penguin.

  24. Re:IBM 1 TSG 0 by whittrash · · Score: 1, Funny

    "the enemy of my enemy is my friend"

    And don't fight a land war in Asia or a two front war...oops, been there done that.

  25. Oh, look - tomorrow's the 1st April! by SiegeTank · · Score: 2, Funny

    Is it just me, or can anybody see a April Fool's joke on the way about this?! ;-) Seriously, I would be very glad for all this mess to be finally over. Though I'm going to miss the fun times. Ah yes, opening up my browser and heading over to /. & Groklaw to see what outrageous claims SCO were making that day.

  26. Re:Its about time IBM by Dayze!Confused · · Score: 2, Funny

    TAAGOOC (These Acronyms Are Getting Out Of Control).

    IANALOAPBIDRS (I Am Not A Lawyer Or A Paralegal But I Do Read Slashdot)

    --
    "All tyranny needs to gain a foothold is for people of good conscience to remain silent." [Thomas Jefferson]
  27. The Smoking Gun? by Anonymous Coward · · Score: 1, Funny

    Since when did The Smoking Gun get involved in this case?

    Oh wait, you mean THE SCO GROUP.

    Well why don't you just say "SCO" like every other human on the planet?

    You are not special.

  28. Re:God no! by FuzzyBad-Mofo · · Score: 2, Funny

    Darl: What do you want?
    FBM: I'd like to live just long enough to be there when they cut off your head and stick it on a pike, as a warning to the next ten generations that some favors come with too high a price. I want to look up into your lifeless eyes and wave, like this: ::waves::

  29. Re:Its about time IBM by sik0fewl · · Score: 2, Funny

    Don't worry, I'm sure IBM's got a croc pit beneath the trap door, just in case :)

    --
    I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
  30. Re:Microsoft still comes out ahead by ReallyQuietGuy · · Score: 2, Funny

    once the judgement comes, won't MS have a *fiduciary duty* to their shareholders to claw back the money they've paid out to SCO since, heck, they got nothing for it?


    Holy shit... this is TRULY kickass