DaimlerChrysler fights back!

DaimlerChrysler have filed in their suit against SCO and it looks like it’s going be be a humdinger: They’ve gone straight for a Dismissal with Prejudice. If the Groklaw site is anything to go by, general opinion is that this is a great move. They have stated more affirmative defences than you could shake a big cruddy stick at: failure to state a claim, waiver, estoppel, laches, unclean hands and acquiescence, lack of capacity to sue, lack of standing, lack of case or controversy, lack of breach/cure of alleged breach, mitigation of damages, Plaintiff’s claims are moot, bar by third-party contract, and reservation of right. The WHEREFORE clause asks that the complaint be dismissed with prejudice, and that the court award DaimlerChrysler costs and attorneys’ fees.

Not only am I not a lawyer, but I also dunno if the Americans have odd legal terms. Even so, it seems like DC have come up with a whole cartload of reasons why the case should be dismissed.

TurboTas 2004

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