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Report Claims SCO Intends to Charge IBM with Fraud

Posted by CowboyNeal on from the case-building dept.

An anonymous reader writes "Now it gets interesting. According to this report, it looks as if SCO is preparing to accuse IBM of fraud, and has even opened up a web site to counter the runaway success of Groklaw. SCO's expensive attorneys Boies and Silver are apparently going to file a motion asking the court to unseal most of the documents that are currently under seal, in the hope that certain of IBM's e-mails will be seen by the outside world to tell a story about AIX, Dynix, and Project Monterey that implicates IBM in, well to be blunt, fraud. Groklaw is certain to have its own distinct view about this latest development of course."

2 of 377 comments (clear)

  1. It's Boies Schiller by Anonymous Coward · · Score: 5, Informative

    Just a minor correction. Their website, actually very well done for a law firm, can be found at www.boies-schiller.com.

    As a side note, I'm a law student and Boies Schiller is an interesting firm. They are one of the three highest paying firms in the country, with a first year starting salary of 140,000 per year as opposed to 125,000 for the majority of large law firms. They are headquartered in Armonk, NY as opposed to New York, NY.

    David Boies is the premier partner. He left another high powered firm, Cravath, to start his own firm (Cravath is strangely enough representing IBM in this case). Since then, some say that Boies Schiller has become the cult of David Boies (hyperbole). I think that both his sister and brother have high management positions in the firm.

    Regardless, from what I hear, Boies is one of the best litigators in the country. Cravath has good litigators too. This case will be well argued - and that is a good thing.

  2. Judge Kimball is starting to get impatient by Animats · · Score: 5, Informative
    From this week's hearing:
    • Regarding SCO's Motion to Dismiss or Stay, Judge Kimball said, "You're not likely to get that."
    • SCO asks for more time to compare UNIX and Linux: Judge Kimball replies "One might assume that a comparison of UNIX to Linux might have been done before filing a lawsuit."
    • SCO asks for more discovery. Judge Kimball asks "Unix is yours and Linux everybody can get hold of it, right? What is it you think you need?".

    That's pretty clear. Judge Kimball is clearly telling SCO's attorneys that they need to present unambiguous evidence of copying, and soon. He's hinting to SCO that unless they come up with something good, he's going to grant IBM's summary judgement motions. He's giving them one last chance to do so.

    This is a U.S. District Court judge. He has many other cases, most of them criminal. Here's his court schedule for the week. Sentencing hearings, plea bargains, and a few civil cases. He's not there to listen to SCO's lawyers stall forever. Federal civil procedure doesn't allow that.