Today was a big day in the SCO v IBM dispute (or SCO v Linux if you will). Not the
big day I hasten to add. Judge Kimball today ruled on IBMs motions for
partial summary judgement. Basically, they said ‘SCO are talking
rubbish, dismiss this case’.Now although judge Kimball did not actually throw the case out
completely, he has clearly seen through the different facades that SCO
are putting up in court. He specifically commented on the way that they
are making accusations in public which are not even slightly consistent
with what they say in court. Here is one of the relevant snippets.
"Viewed against the backdrop of SCO’s plethora of public
statements concerning IBM’s and others’ infringement of SCO’s purported
copyrights to the UNIX software, it is astonishing that SCO has not
offered any competent evidence to create a disputed fact regarding
whether IBM has infringed SCO’s alleged copyrights through IBM’s Linux
activities. Further SCO, in its briefing, chose to cavalierly ignore
IBM’s claims that SCO could not create a disputed fact regarding
whether it even owned the relevant copyrights.
"Nevertheless, despite the vast disparity between SCO’s
public accusations and its actual evidence — or complete lack thereof
— and the resulting temptation to grant IBM’s motion, the court has
determined that it would be premature to grant summary judgment on
IBM’s Tenth Counterclaim."
So SCO have to basically come up with some amazing evidence if they are to salvage anything from this case.
Good news all round really.