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IBM Drops Patent Counterclaims
Mr. Slant writes "According to this article on Groklaw, IBM is dropping their patent counter-claims. Why? It's not because they think they'd lose, but rather because SCO wants to waste more time litigating. There's still some question over whether SCO will be able to pay the rest of their legal bills, given how much cash they're losing each quarter." From the article: "Here's a simple rule of litigation. You never, ever offer to drop anything you think you'll need for victory or to make yourself whole. Litigation is always a cost-benefit analysis. You have to have the prospect of a sizable enough win to pay your lawyer, or you will find it hard to get one, or, like Boies Schiller, the lawyer will want its money up front. IBM did the math, and SCO isn't looking like deep pockets any more, is it, now that Boies Schiller has drained them of pretty much all they had? So, IBM's practical analysis apparently was that it's worth more to get the thing over with on time than to go after counterclaims against a defendant with no money in its pocket to pay damages or royalties, even when IBM won. Plus, there is some strategy here too. Sometimes in chess, you'll let a pawn be sacrificed to set up a checkmate."
This thing is still going on? What the hell? Can't they just get it over with and die?
"the lawyer will want its money up front."
Dear Darl & Chris,
I'll have a Big Mac, large fries and a Coke.
Thanks!
Trolling is a art,
I really wanted to see two large companies locked in an epic duel to the death in the arena of US Federal Courts, only to have the SCO beheaded due to lack of funds! Well, anyway, I'm off to english class...
the lawyer will want its money up front
The lawyer will want it's money up front!
"Well, we would sue you, but even though we win, your sorry company wouldn't be able to pay, anyway..."
I like it. Not only is SCO looking pretty pitiful these days, but to be basically deemed to not be worth the six cents for the bullet to put it out of its misery is, I think, a fitting punishment.
And IBM as the good guys. Wow. Maybe if they keep this up, I'll forgive them for MicroChannel...
Paleotechnologist and connoisseur of pretty shiny things.
After reading this quote
Litigation is always a cost-benefit analysis.
Funny, I always thought that the point of lititation was to uncover the truth and gain justice. (sigh) I guess it's back to La-La Land for me, where Law isn't just another business weapon.
Governments are not necessary.
I guess this goes to show the strength of SCO's case, the big blue is already starting to shake.
Fabio Aquotte