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DaimlerChrysler/SCO Case Winds Down
kuwan writes "It was previously reported that SCO moved for and was denied a stay in their case agains DaimlerChrysler. (Remember that all of SCO's claims against DaimlerChrysler were thrown out except for the issue of whether or not DaimlerChrysler made its certification in a timely manner.) The opposition and reply memos for that motion are now available and apparently SCO's motion was so weak that DaimlerChrysler is asking SCO to pay the cost of preparing their opposition memo. A nice summary of the latest maneuvers is available at scofacts.org."
They were an old UNIX licensee from the AT&T days - one of thousands. A while back SCO sent requests to all of those ancient licensees requesting that they certify that they're only using the code in a proper way (and implying that using linux might be in violation; probably an attempt to drum up business for their lawsuit protection racket) Of course the license are for really old versions of UNIX so the question is pretty silly (it'd be like Microsoft suddenly doing a license audit of all Windows 3.0 customers) so almost noone bothered to actually reply.
DCC was one of the thousands that didn't reply. For whatever reason SCO decided to sue them as an example or something. DC basically replied with "We haven't used the software we licensed from AT&T for over seven years; there we've certified now go away" A judge ruled that this was a valid certification and threw 99% of the case away. They left SCO the option to continue the case soley on the basis of whether DC certified promptly enough (the contract between AT&T and DC didn't mention a deadline for this certification)
Amazingly SCO decided to continue the case in that vein -- probably so they don't have to admit defeat quite yet. Of course now they're trying to put the case so far on the back burner that it will never actually go to trial. DC is fighting that and trying to get SCO to go to trial now.
This is unrelated to the "Linux-IP" licence that SCO tries people to threaten into buying.
although am not certain if Slavic is primarily East-European or not
;)
;)).
It depends. Some people from Poland, Czech, or post-yugoslavian countries might disagree and punch you in the face
Thing is, the term "Slavic" crosses the boundary of what was always considered Central Europe and Eastern Europe. Traditionally, before 20th century, East Europe was synonymous with Orthodox Church (Pravoswavny as some Slavs would say), Greek/Byzantium culture, and cyryllic writing. Catholic/Protestant Slavic countries with latin writing were considered Central Europe, identifying rather with Western Europe. Balkan Slavic nations considered themselves primarily Central/Southern Europe.
After WW2 every Russian vasal country in Europe was considered Eastern Europe, even Russian ocupied part of Germany.
Most of Slavic people today would like to regain their pre-soviet culture, including their place on geopolitical map of Europe. Hence most of Western Slavs consider themselves Central/Western Europe, Southern Slavs -- Central/Southern Europe and Eastern Slavs -- Eastern Europe (even those living in North-Eastern Asia
Robert
PS Western/Southern/Eastern Slavs are quite strict, scientific terms; just look at the map.
Bastard Operator From 193.219.28.162
Don't forget the fact that SCO's letter to Chrysler was peppered with questions that were unrelated to the contract terms. Those questions involved detailing Chrysler's use of Linux to replace SCO's antiquated software, questions which have no relationship to the terms of the original Software License, and to which SCO had no right to even expect answers.
Again, this case was mostly about the hare-brained scheme that McBride and his cronies cooked up. Having been a litigious bastard in his own right, McBride thought that as soon as he started throwing the word "lawsuit" around, everyone subject to the threat would simply crumple up and pay SCO rather than fight back, and that other UNIX/Linux users would see this and pile on for the SCOSource licenses, thus leading to the huge pump on the stock price in anticipation of this seeming windfall.
Personally, I think McBride should turn back to his bag o' blow.
It's not a question of the political comment or the nationality of the /.ers. The current topic is Daimler Chrysler, SCO and the lawsuit.
/.
American poitics, the general intelligence of Americans, idiotic foriegn policies and the tribulations of having to live with Bush are off the topic.
Want to discuss those topics? Submit an article to
...carrier dead.....
Requesting attorneys fees and costs from your opponent on a motion is pretty much standard practice. What will be interesting to see is if the defendants (Daimler/Chrysler) later move for sanctions under the local "frivolous claim" rule in their jurisdiction. These kinds of rules exist in the Federal courts (Rule 11(b) of the Federal Rules of Civil Procedure) and most states. It looks like Michigan has a similar rule in effect (MCR 2.625(A)(2), MCL 600.2591(2)). Nice thing about these kinds of provisions is that their sanctions can be directed against the attorneys as well as the parties. Sorry for not including links to the citations, but for obvious reasons I don't want to be responsible for the "slashdotting" of a particular Federal or state court website. Just Google it.
eldapo
"I have no problem with that but the eyes of many
catches a lot which I happen to enjoy at Groklaw."
It is not the eyes of the posters on Groklaw that I have a problem with. I am a long time lurker*, but since Pam started deleting the accounts of people she could no longer put up with, it seems that she has only 'yes' men left. There is very little useful input from named posters. Most of the enlightened stuff comes from "Anonymous". Talk about throwing out the baby with the bath water!
* I lurk there as I have nothing useful to add to the discussions. Yes, I know that does not stop most posters there, but it does stop me.
IANAL
My faith is expressed through Nihilism. Do you understand?
I have been reading groklaw for about 18 months.
I 100% agree that PJ will accept nothing but yes-men. Anything that does not follow the groklaw party line 100% is deleted. PJ is even known to delete accounts for what people posts on other boards.
You will not find meaningful discussion on groklaw anymore, I can assure you of that.
You forget, it's not a few, it's the majority that is accepting this, and the rest of the world is well in its rights to judge a nation by the actions of its majority. Iraq has happened, Guantanamo bay has happened, Abu Ghraib has happened, Falluja has happened, Molub and other towns are happening, and the ones ultimately responsible have been given a carte blanche to screw up some more. Face it, the excuse that the fuckup government was an accident does not work anymore. The US has chosen to go the Bush route and the nation (note, not every single individual) is judged by this. Right now, the US is well underway of becoming intensely evil, regardless of the large amount of decency that still exists.
Correct, however it took thousands of years. Using your analogy, the world should be under the foot of the US for another 1800 years or so.
Ok, I know this is nitpicking but although one could claim it was about 1800 years (until 1453 defeat of Byzantine, eastern Rome), in practice the full roman hegemony "only" lasted for couple of centuries (maybe from ~100BC until ~300 AD). The fall of western Rome (476?) split the empire in half, and although Byzantine did recover some land areas for a while, it never regained the same glory as pre-split, and started steady decline before crusades (triggered by the islamic expansion on 7th century AD).
Not that this really weakens your main point but... :-)
I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes