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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."

13 of 149 comments (clear)

  1. Re:SCO's argument by Vthornheart · · Score: 2, Interesting

    Hey, what happens if they go out of business before the court cases clear up? Would they be thrown out of court?

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    -Vendal Thornheart
  2. Re:I wonder by mog007 · · Score: 2, Interesting

    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*
    This message brought to you by a self-proclaimed mortal enemy of SCO.

  3. SCO investors *everywhere* catch on... by diagnosis · · Score: 3, Interesting

    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!"

    1. Re:SCO investors *everywhere* catch on... by vidarh · · Score: 2, Interesting
      The assessment boils down to filling out a form and saying you know what you're talking about, though. I used to have a options and margin enabled account before I switched brokers (haven't bothered asking from the new one, as I haven't had any need), and all I had to do to get it was tick a few boxes.

      There are a few key things to look out for to get an account option trading enabled: You should state that you have a reasonable amount of liquid assets. Your investment goal should be growth/aggressive growth/speculation or similar. And it's an advantage if you state that you have experience with trading option.

      People that would have to lie on any of the above to have a chance should have a long hard think about whether they actually understand options trading well enough not to risk losing their money, though. (And even more so if applying for a margin account, since it's an easy way to bankrupt yourself...)

  4. SCO anti-gravity gun holding up stock price? by shanen · · Score: 4, Interesting

    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.

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    1. Re:SCO anti-gravity gun holding up stock price? by Our+Man+In+Redmond · · Score: 2, Interesting

      What I still can't understand is what is holding their stock price up?

      One word: Upsidaisium.

      --
      Someone you trust is one of us.
  5. Re:Yawn... must be a slow geek news day. by JasonStiletto · · Score: 2, Interesting

    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.

  6. Re:SCO's argument by pediddle · · Score: 2, Interesting

    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.

  7. A more interesting article by CaptainCarrot · · Score: 4, Interesting
    Geez, /. is behind the curve on this one. Groklaw had it two days ago.

    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.

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    And the brethren went away edified.
  8. No, it's an indefinite stay, pending IBM vs. SCO by Animats · · Score: 5, Interesting
    The judge granted AutoZone an indefinite stay, with 90 day reports, pending the resolution of the copyright claims in the SCO vs. IBM case. Just like SCO has in the Red Hat case. All SCO gets to do is try to show that AutoZone should be temoorarily enjoined against something. (But what?) And the judge told SCO's lawyers not to try going on a fishing expedition with discovery.

    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..

  9. Re:Yawn... must be a slow geek news day. by gi-tux · · Score: 3, Interesting
    "SCO's principal argument in opposition to AutoZone's motion is that it will suffer irreparable harm if the case is stayed."
    I believe that the key words were irreparable harm. And it is obvious that a stay will cause irreparable harm to SCO. After all if they don't win this one before they lose to IBM, then they can't win this one. Thus a lose to SCO that can't possible be recovered :-)

    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.

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  10. "Limited Stay" - I don't think so by gvc · · Score: 3, Interesting

    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.

  11. Re:Denied AutoZone's request to transfer? Not quit by Siva · · Score: 2, Interesting

    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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