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DaimlerChrysler Looks for Dismissal of SCO Suit
Ian Atkins writes "DaimlerChrysler has told SCO where it can stick its lawsuit. In a filing in Michigan, the car company has said not only does it not have to give SCO the information it asked for, but that it hasn't used the software SCO claims rights over - for seven years. It has asked the judge to throw the whole thing out of court. Another bad for SCO and its MS-backed Linux crusade it would seem. Full details on Techworld here." Reader Eggplant62 notes that Groklaw is also covering the story, and noting that SCO has dropped their claim that the GPL is unconstitutional.
How can they make claims and drop them like that? No consequences??
.. there were real losses. It's just wrong that you can make risk free arbitrary claims and accusations as scare and/or FUD to try to advance your agenda .. without worry of consequences.
There are corps that weren't choosing linux or delaying programs because of this
Now, I don't know much about "The Market", but I know what this curve means. Hah.
I shall go and tell the indestructible man that someone plans to murder him.
You see, they *are* being fought by the rules. You just happen to not like them. The legal system has indeed become ponderous, but things are playing out in a way that is to be expected.
Why are all these butt rape posts always modded so high? I'm sure if this was happening to the mods, they'd all be yelling "Yeah, +1 Funny!".
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With all this idiocy, it would seem SCO are doomed. How could any company maintain with this much erosion to their credibility?
As long as they can manipulate reports and spin things in a way that their stock price doesn't tank they can survive. IF this does get dismissed and the Autozone one as well it might impact their stock price. Actually this one might impact it because on the face of it, even to a lay person, having not used the software in question for 7 years makes the lawsuit look totally meritless.SCO has survived a year now with huge animosity towards them, just in the past few weeks are we seeing signs that their whole campaign may fall apart. If they pull something that gets investors to drive the stock price back up again, they'll continue to survive. Once it drops to what is it's true value (next to nothing IMHO) then that'll signify the beginning of the end of SCO.
That big bump in March seems to have been SCO's announced stock buyback. So they blew a big chunk of their remaining cash, and the stock went back down anyway.
It doesn't get much worse than this:
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Product sales are zilch.
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Intellectual property sales are zilch.
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Their VCs want their money back.
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They're in litigation with four different Fortune 1000 companies. And not doing well.
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Their CEO is widely viewed as an annoying loudmouth.
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The stock is in a screaming dive.
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They're widely hated.
The only upside is that there are no criminal charges or securities-fraud litigation. Yet. That may come, if insiders enriched themselves during the stock runup.In watching the whole debacle going on with SCO, it concerns me that, in the end, beating SCO back down with the brickbat of the law has been little more than an uninteresting problem. Enough resource applied to the problem and it just kind of goes away.
This sig no verb.
To be fair, I made a typo in my orginal post - the article says Daimler-Chrysler hasn't used Linux for seven years.
Same difference though.
On an interesting aside, *I* HAVE used SCO Unix (back in '92, I believe), and both times I did, it proved to foreshadow today's events:
Being a COMPLETE newbie with anything *nix in those days, I was nonetheless given the task to shut down and restart a SCO Unix server.
Being clueless (I admit), I fiddled around until I simply got fed-up and pressed the reset button on the PC.
Now I KNOW that that is NO WAY to go about things, but as I said, I was clueless.
The computer never successfully booted again.
The admin had to reformat and reinstall everything. I had somehow totally screwed the filesystem on the machine in a way the operating system could not recover.
I was a Windows-person back then, and I remember thinking smarmily "What a crap OS, at least with Windows, that doesn't happen"
The second time was when we had to install SCO Unix to use it as a test-development server for one of our products.
The mouse we had for the computer was some generic type of mouse, and it WASN'T supported by SCO.
Never fear, let's CALL SCO and ask if they can help us -
"No problem sir, we'll support your make of mouse, $15K, please"
Let's say that we found a different solution, and every time after that when we needed *nix, we DIDN'T choose SCO. SCO came to be considered by all the techies I knew as being expensive, and not being good quality. Let's hope there HASN'T been any of their code copied into Linux, right?
So SCO has really underwhelmed me so far. I figure this current bit is more of the same.
I don't know the meaning of the word 'don't' - J
The WHEREFORE clause asks that the complaint be dismissed with prejudice, and that the court award DaimlerChrysler costs and attorneys' fees. (emphasis added)
IANAL, so I do not know if this is standard for dimissing with prejudice (heck, it might be the defintion of dismissing with prejudice, for all I know), but it seems like DaimlerChrysler isn't going to let them go without some consequences. It might not be a big dent compared to a defamation suit, but it's a start. Also, every drop of red that SCO shows in its annual reports tied to judgements going against them (as opposed to "cost of doing business" in launching the claims) looks worse for the stockholders.
We can only hope those stockholders eventually see sense, since the executive team doesn't.
"Prepare for the worst - hope for the best."
Anybody who has followed the brain numbing briefs files over and over again in this case realizes by now that the american legal system is a joke.
I have never been interested in the law before before this case and I have done my best to keep up to date by reading groklaw and let me tell you no human should be a witness to such absolute and utter stupidity.
Motion after motion of silly documents, delay after delay. How long has the SCO case been going on? The judge isn't even close to making a decision yet. All the point-counter point motions are not done yet. It will take five years at this pace for the judge to even start the trial.
Disgusting.
evil is as evil does
No no, they still use SCO unix in some ways. I can walk in the back room and kick a box running SCO if I wanted to, as I'm at a Chrysler dealership. Dealers used a SCO box attached to a sattelite dish to do factory communications. They're in the process of removing those boxes, yay, but they have used SCO in the past 7 years.