AutoZone Granted Limited Stay in SCO Copyright Case
michael path writes "From Yahoo: Judge Robert C. Jones on Monday denied AutoZone's request to transfer its copyright case with The SCO Group from Nevada to a Tennessee court, but also granted a limited stay to the auto parts chain."
Hey, what happens if they go out of business before the court cases clear up? Would they be thrown out of court?
-Vendal Thornheart
That's too good a fate for SCO. I hope during the IBM case the judge finds some way to sentence Darl to federal pound-me-in-the-ass prison, even though it's a civil suit.
Better yet, just get IBM to use their vast legal money to bankrupt SCO before they get a chance to pick on anybody else.
*Disclaimer*
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As Geeks have known ever since this whole SCO debacle started, SCO's claims are bunk. But up until relatively recently, SCO has had artificially high stock valuation as a result of their insane Linux ownership claims.
About 1 year ago I tried to get approval for an options trading account so I could sell SCO short (ie make money when their stock drops). Unfortunately I didn't have sufficient liquid assets to get options trading approval from my trading company.
Well, now the rest of the world has caught on, sort of; SCO is still up about 150% from two years ago, but down about 75% from its high. I think there is still a ways to fall...they certainly deserve it.
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Freedom or Evil: Freevil.net
G. W. Bush says, "You decide!"
What I still can't understand is what is holding their stock price up? It's just refusing to stay below the $5 point. Natural floor value, my @ss!
Seriously, are there some big boys playing games here to keep them alive at the $5 level? For someone like Microsoft the amount of money required would be negligible, but if SCOX hits it's natural penny stock level, the lawsuit and company will be gone.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
well, besides the discovery being limited to facts related to the injunction SCO is requesting only, and they're told to do NO discovery if they know they won't qualify for said. And that the motion to transfer wasn't denied, nothing was done with it. And it's not held for 90 days, but every 90 days they're to report before the judge and give them a status report. Giving SCO the right to limited discovery may be questionable, but if the judge sees them overreaching, he'll just smack them around.
Companies never *really* go out of business. SCO still has creditors, and the creditors will want to be paid. So bankruptcy courts will need to auction off SCO's assets, which right now consists of their supposed intellectual property in the form of UNIX. If AutoZone really is infringing on SCO's copyright, then the creditors would still have a right and necessity to continue to enforce it.
Back on Saturday there was a far more interesting Groklaw article discussing Red Hat's letter to the judge in their case. They lay out in clear detail the contradictory stories SCO has been telling in the different courtrooms across the country in an effort to convince her to lift the stay and let them smoosh SCO's Linux copyright claims into the mud. This, I think, is probably where we'll want to be paying some attention next.
And the brethren went away edified.
This is a big loss for SCO. Any case they bring against a Linux user is going to end up on hold like this. This totally derails their licensing strategy, because their threat to sue is now empty.
SCO may try harassiing AutoZone with discovery, but it won't work.
Of course, IBM might win its summary judgement on the copyright issue on August 8th. If that happens, the AutoZone and Red Hat cases will be unstayed. Those parties will presumably file for summary judgement and win..
I am giving all the business that I can to AutoZone. Seems like they are always getting picked on. I remember when they used to be named Auto Shack, until Radio Shack sued them over their name.
I have no sig, does anyone have one to spare?
The press have screwed this one up, and Slashdot is parroting their line.
The judged stayed the proceedings. The only "limit" is that SCO were invited to file for a preliminary injunction while the stay is pending. Many read the invitation as "put up or shut up." It is a major reach to put any SCO-positive spin on this ruling.
I'd like to remind readers that USL vs BSDI was resolved when the court denied a motion for preliminary injunction.
Isn't it interesting that the editors modified the title of the Red Hat vs. The Ambulence Chasers story to remove the slur, but don't seem interested in correcting the mistake you mention (denied versus undecided), which completely changes this story's meaning.
(appologies to the guy i modded up in this story, now that the point will be revoked)
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