SCO vs. IBM					 Tech Insider's Review

From: Al Petrofsky <>
Newsgroups: comp.os.linux.advocacy,alt.suit.att-bsdi
Subject: SCO v. IBM: hearing on tenth counterclaim set for August 4
Date: 27 May 2004 22:51:57 -0700
Organization: The Vegetable Liberation Front
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A hearing has been set for August 4 on IBM's tenth counterclaim in the
SCO v. IBM suit.  Below are the docket entries that you can view with
a paid PACER account, and which should show up within a couple days on
the court's free docket list at

IBM's tenth counterclaim is for a declaratory judgment that IBM's
(and, presumably, anyone else's) use and distribution of Linux 2.4 and
2.6 do not infringe any valid SCO copyright.  If the judge grants
IBM's motion to rule in IBM's favor on this now (without waiting for
the trial next April), it would probably quickly lead to an end to
SCO's copyright infringement suit against AutoZone, as well as an end
to any fear that SCO might prevail in such an action against any other
Linux user.  (The SCO/IBM contract disputes would remain, but the rest
of the world could ignore them.)

There will also be a hearing on June 8 about SCO's less-interesting
non-dispositive motions.  (I'm pretty sure that item 158's reference
to item 142 is a mistake and should be to item 120, SCO's motion to
bifurcate the case into two trials.)


5/26/04  158     Notice of Hearing filed : Motion hearing set for 10:30
                 6/8/04 for [142-2] motion or, in the alternative to
                 separate, set for 10:30 6/8/04 for [129-1] motion to amend
                 [23-1] Scheduling order   To be held before  Judge Kimball
                 cc:atty ( Ntc generated by: KJ) (blk) [Entry date 05/27/04]

5/26/04  159     Notice of Hearing filed : Motion hearing set for 3:00
                 8/4/04 for [152-1] cross motion for partial summary
                 judgment on claim for declaratory judgment of
                 non-infringement, set for 3:00 8/4/04 for [144-1] amended
                 motion to Dismiss, set for 3:00 8/4/04 for [142-1] motion
                 to dismiss counterclaim  To be held before  Judge Kimball
                 cc:atty (ntc generated: KJ) (blk) [Entry date 05/27/04]

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