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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
No, DCX is saying that they haven't used SCO's OPENSERVER or UNIXWARE in that period of time. That ARE using LINUX.
Wow, another major victory for Linux. A Fortune 500 company (of German origin, for God's sake) admits it didn't care to adopt Linux and was Unix/Microsoft shop all the way and always will be.
DaimlerChrysler was being sued using their Unix licence. So they ditched Unix and went Linux/Microsoft long ago. Yes, I know. I've been trolled. I lost.
Kjella
Live today, because you never know what tomorrow brings
>The first thing any lawyer does in almost any case is file for dismissal on some obscure precedent.
Not having used SCO Unix for seven years isn't really an obscure point, is it?
I don't know the meaning of the word 'don't' - J
Tune in every Tuesday and watch Darl as he tries to survive in the courts. Next season don't miss the "Darl Survivor II" premier episode where he gets strip searched prior to entering prison. Soon after he meets his new roomate Bubba, who introduces himself and then says, "I like your butt Darly boy".
I Am My Own Worst Enemy
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.
Oh c'mon, it is news, and for those of us who have a big stake in our beloved Operating System, it's always nice to see further holes being smashed into SCO's ridiculous claims.
;)
And this one in particular... to have SCO get rid of their patent claims... I'm waiting on a new letter to congress rescinding their previous outrageous unconstitutional hand-waving. I'm not going to hold my breath though
Groklaw has posted a text version of DaimlerChrysler's response to SCO's complaint.
DaimlerChrysler has told SCO where it can stick its lawsuit.
Truly now is that the way they did it?
More than likely it was:
Dear Sir or Madaam,
Put forth hereth we knowth thus blah blah blah
Now to tell SCO where to stick it would be more like:
Listen up you stupid idiots,
We have no idea what the fuck you are talking about so piss off and crawl back into your hole and die.
With love,
DaimlerChrysler
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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.Trial by Sharon Stone - last person who doesn't faint in interrogation sequence wins
Trial by Bludstone - Gain mod points by posting obscure Dark Crystal references
Trial by Flintstone - Endurance rally race in which you drive a 600 lbs car cross country with your own two feet
Trial by Oliver Stone - conducted by the CIA
Don't blame Durga. I voted for Centauri.
If SCO and RIAA got together, they'd have the highest expense of lawyers while offering no service or product to the public.
I thought M$ had good lawyers, man these two companies can sue any one of any status.
Some legal guy will probably blither that it's about burden of proof. At least in criminal matters.
Police prosecutor: "...the accused was seen walking out of a Best Buy with a DVD player. He was confronted by security, whereupon he said 'I am not the man you're looking for. There is no DVD player. Move along'. Security inexplicably let him go."
Accused: "I havent even watched a movie for 7 years so I dont even have a dvd player. I am not the man you're looking for. There is no DVD player."
SCO's stock has been taking a pounding lately and as of now (1352 EST is under $6.50 a share. If you follow the trend .. they are slowly but surely crashing. Now the question is going to be ... when?
And this could be one of them...
Read the daimler filing, this is surely not one of them. This suit is about Daimler/Chrysler failure to comply to the audit letter sent to Unix licenses at the end of 2003. Basically, what they tell SCO is :
We already answered but anyway, you didn't have a right to ask in the first place, and if you did, as per your contract with Novell, they waived your right to an answer. Also, we haven't used your systems in a while, and you have failed to indicated clearly how we're infriging your IP and you didn't try to mitigate or give us a chance to cure. So screw off and come back when you've got something to sue us over.
And mostly, they're right, and you would know this if you followed groklaw's excellent coverage.
"Not to mention all the idiots who use words like boxen."
Anonymous Coward on Monday August 04, @06:49PM
Man, I knew some judges were sticklers about proper decorum in the courtroom, defendants wearing suits, etc. but this is pretty extreme, don't you think?
"Prepare for the worst - hope for the best."
I like the way many users have visualised the current state of affairs:
Tactical Map
SCO's current position
Relationship with IBM
Previously we reported that SCO was scraping the bottom of the barrel. We must now print a retraction:
It appears as though SCO is in fact not scraping the bottom of the barrel...any longer. They have broken through the bottom and are working themselves into a barrel sized pit. The barrel was located near an outhouse, and so now you can see where they are coming up with all this...stuff.
-Adam
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."
In a word, No!. Slashdot is all about editorial. That's what makes it so fun.
That which does not kill her only prolongs my agony.
So screw off and come back when you've got something to sue us over.
Actually, they filed for dismissal with prejudice, so they actually said something like:
So screw off, and don't bother coming back.
The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy