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SCO vs. IBM Trial Back On Again

Posted by Soulskill on from the it-just-goes-on-and-on-my-friends dept.

D___Breath writes "The lawsuit SCO started years ago against IBM (but really against Linux) is back on again. SCO first filed this clue-challenged lawsuit in March 2003. SCO claimed Linux was contaminated with code IBM stole from UNIX and that it was impossible to remove the infringement. Therefore, said SCO, all Linux users owe SCO a license fee of $1399 per cpu — but since SCO are such great guys, for a limited time, you can pay only $699 per CPU for your dirty, infringing copy of Linux. Of course, Novell claimed and later proved in court that SCO doesn't even own the copyrights on UNIX that it is suing over. IBM claims there is no infringing code in Linux. SCO never provided evidence of the massive infringement it claimed existed. The court ordered SCO three times to produce its evidence, twice extending the deadline, until it set a 'final' deadline of Dec 22, 2005 — which came and went — with SCO producing nothing but a lot of hand waving. In the meantime, SCO filed for bankruptcy protection in September 2007 because it was being beaten up in court so badly with the court going against SCO."

16 of 232 comments (clear)

  1. Apparently by DarthVain · · Score: 5, Funny

    nuking from orbit IS the only way to be sure...

    1. Re:Apparently by Xibby · · Score: 5, Informative

      What is the obsession with nuking from orbit? If you're in orbit, a kinetic projectile of sufficient mass will get the job done. No nuclear materials, or any sort of intelligence on the projectile is needed. A sufficiently massive chunk of iron at sufficient velocity will get the job done.

      --
      I'm going to go back in my box and will think within the limits of my box: MS Sucks Linux Good I read too much Slashdot.
  2. Hollywood lied to me by Anonymous Coward · · Score: 5, Funny

    Clearly, Zombies are *incredibly* hard to kill.

    1. Re:Hollywood lied to me by Chrisq · · Score: 5, Funny

      This is getting past the "scarer" plot when you think the monster is dead but it gets up again. Its like the B movie when it has happened so many times you have passed the scared point, the laughing point and just wish the bloody thing would finish so you can go home.

  3. Re:Statute of limitations by SJHillman · · Score: 5, Funny

    At this point, if I were IBM I would be looking into hiring mercenaries to eliminate the problem. The courts might even chip in to help.

  4. Who's paying SCO's lawyers? by denis-The-menace · · Score: 5, Interesting

    In the article, it says SCO is broke:
    "total assets as $0 (yes, that's "zero"), down from $1,326,293 on petition date, and total liabilities of $1,119,238, up from $418,965 on petition date."

    So who the F@#K would represent them for free?
    Is money coming from "the cloud"?

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    1. Re:Who's paying SCO's lawyers? by dkleinsc · · Score: 5, Interesting

      If it's the same as the last round, I'd say that we'd find the answer we were looking for in Redmond, WA.

      And that's not just basic MS bashing - we have the memo.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Who's paying SCO's lawyers? by UnknowingFool · · Score: 5, Informative

      I believe SCO worked out a deal with Boies in the middle of the case. The trial fees were capped at $25M but Boies was paid upfront. So Boies has to represent SCO; however, with the money gone, no one says they have to represent with their best attorneys.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:Who's paying SCO's lawyers? by LoyalOpposition · · Score: 5, Informative

      So who the F@#K would represent them for free?

      Boies, Schiller & Flexner. At one point SCO got BS&F to agree to represent them through appeals for what BS&F had already received plus a percentage of the proceeds. Score one for SCO.

      ~Loyal

      --
      I aim to misbehave.
  5. Re:Statute of limitations by doconnor · · Score: 5, Interesting

    It would be cheaper for IBM just to buy SCO. Since they are in bankruptcy protection they can't turn down a responsible offer.

  6. Re:Statute of limitations by rwise2112 · · Score: 5, Insightful

    Maybe that's what they're after.

    --

    "For every expert, there is an equal and opposite expert"
  7. Re:$1,515,129 by tokul · · Score: 5, Insightful

    I'm betting you could simply up and purchase all SCO's assets for about $2-4m.

    Whole point of this trial is about refusing to buy out company which tries to extort money.

  8. Re:Statute of limitations by ackthpt · · Score: 5, Insightful

    I am pretty sure that is what SCO wanted the first time they sued IBM.

    To drive their own business into the ground, alienate customers, remove any funding for R&D and divert it to legal efforts?

    Didn't work for Ashton Tate. Doesn't anyone learn?

    Oh, wait, greedy people and lawyers involved .. nemmind

    --

    A feeling of having made the same mistake before: Deja Foobar
  9. Re:Statute of limitations by stoicfaux · · Score: 5, Insightful

    IBM buying SCO would be a win for SCO's backers. They would point at the purchase and say, "How nefarious! IBM had to buy SCO to cover up IBM's perfidy and malfeasance! Linux really does infringe and contains tainted code! Open Source is Teh Evil!"

  10. Re:Statute of limitations by Lando · · Score: 5, Insightful

    Yeah when they first started out it was noted that IBM could have just bought out the company at the then market place for less than the lawsuit was expected to cost, but IBM didn't do so. The conjecture here was that it would just create copy cat lawsuilts.

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    /* TODO: Spawn child process, interest child in technology, have child write a new sig */
  11. Re:It's Microsoft by sycodon · · Score: 5, Insightful

    I only perused TFA but it seems to me that the what is back on is IBM nailing SCO to the wall.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.