SCO Dealt Setback in IBM Linux Lawsuit
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Thread: SCO Dealt Setback in IBM Linux Lawsuit

  1. #1
    Junior Member
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    Jun 2006

    SCO Dealt Setback in IBM Linux Lawsuit

    not computer security news, however, i am sure a few here are interested.

    SCO Dealt Setback in IBM Linux Lawsuit

    By PAUL FOY, Associated Press Writer
    Fri Jun 30, 4:12 PM

    SALT LAKE CITY - A U.S. magistrate has struck down many of the SCO Group Inc.'s claims against IBM Corp., saying the Utah company failed to show its intellectual property was misappropriated when Big Blue donated software code to the freely distributed Linux operating system.

    Magistrate Brooke Wells dismissed 182 of SCO's 294 claims, dealing a major setback to SCO's $5 billion lawsuit.

    The suit, filed in 2003, accused IBM of donating SCO's Unix code to Linux developers, but Wells ruled SCO had produced virtually no proof of the allegation.

    She said SCO had "willfully failed to comply" with court orders to show IBM which of millions of lines of code in Linux were supposedly misappropriated. SCO argued that was IBM's job.

    Wells likened SCO's stance to a security guard who accuses a shopper of stealing merchandise _ and demands the shopper show proof of the theft.

    "It would be absurd for an officer to tell the accused that 'you know what you stole; I'm not telling,'" Wells wrote in a 39-page decision signed Wednesday.

    The magistrate said that if there was any merit to SCO's claims, they were likely to produce only nominal damages instead of billions of dollars.

    "It is almost like SCO sought to hide its case until the ninth inning in hopes of gaining an unfair advantage despite being repeatedly told to put 'all evidence ... on the table,'" she wrote.

    Wells dismissed SCO's arguments that only IBM engineers could verify that IBM gave away proprietary software code to Linux, a work of thousands of developers around the world.

    "SCO's arguments are akin to SCO telling IBM, 'Sorry, we are not going to tell you what you did wrong because you already know,'" the magistrate wrote.

    SCO acknowledged Friday that the ruling was a setback, but spokesman Blake Stowell said the company would continue to press its case. He said the magistrate dismissed general claims but kept several major ones that assert lines of Unix code were dumped into Linux.

    The ruling capped a month of bad news for SCO. The company reported $4.69 million in losses for its most recent quarter, including nearly $3.8 million in new litigation expenses.

    Any appeal would go to U.S. District Judge David Kimball, who has already upheld an evidence-related ruling by Wells that SCO had appealed.

    IBM spokesman John Charlson said the company doesn't comment on litigation, but that Wells' ruling "says it all."

    SCO doesn't have enough evidence "to shake a stick at," said Pamela Jones, creator and editor of, a Web site devoted to open-source software legal issues.

    "Linux is booming, and everyone knows now that the code has been examined every which way, and it's clean as code can be," she said.
    SCO Article News Link

    to modify a better quote "the weed of stupidity bears arrogant fruit." SCO, as previously mentioned, is continuing to pursue the lawsuit; it is if they did not even read the magistrate's comments or are not paying attention and continue to plow forward. eyes closed and heads down. astounding.
    \"Who knows what evil lurks in the hearts of men? The Shadow knows!\"
    \"The weed of crime, bears bitter fruit...\"

    --The Shadow.

  2. #2
    Senior Member nihil's Avatar
    Join Date
    Jul 2003
    United Kingdom: Bridlington
    Thanks TheShad0w ,

    I am old enough to remember when SCO was a respectable UNIX supplier. In fact, it was the first flavour of UNIX that I ever used. They even gave me a free personal distro, manuals and a developers toolkit!

    That was back in my days of IBM mainframes, S/34, S/36, S/38 and AS/400s

    Now they seem to have just degenerated into a spurious lawsuit generator and don't seem to be bringing anything to the party at all?

    It is all very sad in my opinion

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