Message ID: 180925
Posted By: al_petrofsky
Posted On: 2004-09-16 09:48:00
Subject: SCO says AZ case not about Linux world
Here's my belated report
from the hearing, including a
couple of things that I didn't notice mentioned
in a quick
perusal of other reports:
I'm even more confident than I was
before the hearing that
SCO's dismissal motion will be denied.
Kimball
also seems to be seriously considering granting IBM
summary judgment on the issue.
As SCO went on about its
discovery problems, Kimball asked "How does that relate
to
this motion at this time on this counterclaim?" and then
followed-up with
"IBM is saying discovery won't help on this
counterclaim: you have UNIX and linux".
He wasn't saying he
agreed with IBM, but he made clear that he understood IBM's
argument, and that if SCO's answer to that argument was
unconvincing, then summary
judgment would be granted.
I was surprised by a couple of revelations from
SCO. When
Kimball asked about all the public statements last year that
SCO
had already found UNIX code in linux, Frederick Frei
(one of SCO's lawyers not
from Boies, Schiller & Flexner)
responded that most of those statements were
based on a
comparison done by Caldera in 1999, and that that was done
by programmers
rather than lawyers, and thus SCO needs
discovery in order to come up with any
actual *legal*
evidence of infringement. Needless to say, no one last year
seemed to think that McBride was talking about 1999 when he
discussed the MIT
team and the "deep dive".
Also, when SCO was arguing its motion to dismiss
the
counterclaim, Robert Silver (a BS&F partner) said that the
AutoZone case
"doesn't have to do with the world of Linux",
and that it "was very specific
to AutoZone". In past legal
filings, SCO has claimed that the AutoZone case involves
AutoZone-specific issues and general Linux issues. It's
emphasized one or the
other for different effects, but I'd
never heard it clearly state that no non-AutoZone-specific
portion existed. This is quite at odds with what SCO said
on page two of its
April 23 opening brief to Judge Kimball
on the same motion that Silver was arguing:
> IBM is seeking to declare that a person or entity using
> Linux does not
infringe upon SCO's copyrights and that
> some or all of SCO's copyrights are
invalid or
> unenforcable. This precise issue will be litigated in a
> case
filed by SCO against AutoZone
Message ID: 180933
Posted By: b29651
Posted On: 2004-09-16 09:59:00
Subject: Re: SCO says AZ case not about Linux wo
al thanks and will check
your site for the write up
it is interesting to read the different reports and
then read news articles
very interesting to say the least
br3n
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