SCO Files for Stay of Execution

An anonymous reader writes "SCO has filed for another delay in the case against IBM. The article reports that 'According to filings in the case, SCO is looking to buy time until the court can hear its arguments compelling IBM to release more information. SCO lawyers argue the information -- namely source code they claim was lifted from AIX and Dynix to bolster the open source Linux kernel -- is necessary in getting a successful ruling.'"

Comments

groklaw!

[jabella]

obligatory groklaw coverage

this line is just filler.

What the Nazgul have been up to.

[Jaywalk]

There was a lot of griping when SCO started this dog-and-pony show that IBM's lawyers weren't doing anything, but now it's clear why. After over a year of letting SCO delay and extend the case, they're starting to play hardball. Here is a PDF that includes a couple of filings and an exchange of letters between the lawyers on each side. SCO is asking for more time and IBM just isn't taking it anymore. Loosely translated, they're telling SCO they've had enough time, they've been given all the opportunity they need to gather data and they haven't bothered. Presumably the Nazgul have all the offers to gather data and SCO's responses documented, because when SCO threatens to go to the judge, IBM tells them to go ahead.

The letters are fun reading and provide a good example on how to make opposing counsel look stupid. Both sides have accused the other of dragging their feet. So this time -- when SCO asks for a delay -- IBM says okay, as long as you don't want the delay in order to just ask for another delay. SCO refuses, basically admitting that this is exactly what they planned to do.