Slashdot Mirror

← Back to Stories (view on slashdot.org)

IBM Files For Declaratory Judgement In SCO Case

Posted by timothy on from the raising-the-hammer dept.

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.

6 of 390 comments (clear)

  1. Checkmate, endgame by Eggplant62 · · Score: 5, Insightful

    I'm most of the way through IBM's pleading of the counterclaims. I have one word:

    Wow!

    This is so well laid out that even a child of 6 could understand what it is that SCO has been up to these past 12 months. When I read IBM's lawyers' work, I want to jump up and dance with glee at the utter beauty seen within.

    When I read the work of SCO's lawyers or any statements made by the buffoons directing them, I want to cry. It seriously makes my head hurt, trying to wrap my brain around the utter bullshit they continue to spout.

    IBM has landed a crushing blow to SCO's claims. I predict that over the remainder of this week and through next we will see SCO's stock plummet back to its true value -- less than $1.

    Happy happy happy
    Joy joy joy

  2. Let all the lawyers duke it out by seniorcoder · · Score: 5, Insightful

    While SCO certainly looks like a despicable villan, it wasn't all that long ago that I viewed IBM in exactly the same light. So you'll have to excuse me from participating while everyone else chants "go IBM". Let's also not forget Microsoft's position in this affair, supplying the cash so that SCO could wage this legal war.
    Wouldn't it be a dream world if all the lawyers spent all their employers' money suing each other and left us alone to produce world class open source software?
    It seems to me that open software is the only way to break the enternal circle of despising an abusing software company, waiting until it self-destructs and promptly promoting another one into the same position.

  3. Re:SCO, IBM, and my employer by Mordaximus · · Score: 5, Insightful
    These are intelligent, wealthy people, and they did not get that way by filing groundless lawsuits.

    Correct, they are. Do you not think it possible that these intelligent wealthy people stand to become much more wealthy by spreading Linux FUD through these activities, regardless of what happens to SCO?

    There has already been an alleged financial connection made between SCO and Microsoft which seems to be quite compelling. And you've just admitted first hand that your company is considering Windows 2003 over linux simply as a result of this case existing, under the assumption that SCO would be insane to do what they are doing if they didn't have a good case.

    So you are right, they are intelligent. They've fooled you and your company. And they are more wealthy for it too.

  4. Re:IBM 1 TSG 0 by CrazyDuke · · Score: 5, Insightful

    The "the enemy of my enemy is my friend" philosephy does not work well in the long term. The "friend" has a way of comming back to bite you in the ass. Examples:

    Stalin
    Hussien
    bin Laden
    Pinochet
    etc...

    If you can't figure out what this has to do with the parent post, then why are you on /.?

    --
    Any sufficiently advanced influence is indistinguishable from control.
  5. Re:Its about time IBM by tolan-b · · Score: 5, Insightful

    It's looking likely that they mean that SCO distributed SAMBA etc after breaking the terms of the GPL, but wouldn't it be lovely if there was GPL code illicitly stashed away in Unixware... now *that* would be satisfying ;)

  6. Re:Its about time IBM by srussell · · Score: 5, Insightful
    I suspect that much of the timing had to do with the fact that IBM wanted to get as much information as they could from SCO so that they could present a reasonable case.

    Anybody can walk in on day one and say, "Their case is groundless" -- this is, in effect, what you do when you decide to fight it in the first case. It is another thing entirely to walk in and say, "Their case is groundless, and here is why, and here are their documents which support the argument."

    IBM is probably saying (or implying) something like: "SCO has claimed to have met the court's requirements for discovery, so they've claimed to have provided all of the relevant documents in the case. In light of this information, we believe that the case is meritless, and here is why, and here are the documents to support it. Our argument is either correct, or SCO is in contempt of court for having failed to provide all of the information requested."

    IANALOAP (...Or A Paralegal)