billwg wrote:
> "Roy Schestowitz" <newsgroups@xxxxxxxxxxxxxxx> wrote in message
> news:7778076.c7DoA16Mxy@xxxxxxxxxxxxxxxxxx
> > Putting the Nix on SCO's Code Lawsuit
> >
> > ,----[ Excerpt ]
> > | SCO Group stands virtually no chance of prevailing in court anymore.
> > Like
> > | it ever did.
> > `----
> >
> Maybe so, but what of the 112 claims that are still in force and not going
> away from summary judgment?
>
> "Wells dismissed 182 of the 294 claims SCO made against IBM in a lawsuit
> over who owns the rights to distribute and modify certain Unix code, and
> further noted that the accuser has provided very little proof of its
> allegations."
Perhaps that is because IBM didn't ASK the court to dismiss the other
claims.
This leaves the door open for IBM to go for discoveries against SCO.
The SCO claims were like a house of cards, there were about 182
arroneous assumptions, some of which weren't even accurate, but which
SCO could not prove.
There were another 100 or so claims which IBM appears to be ready to
disprove. If the case ever does go to a jury, IBM can cross-examine
witnesses, and call witnesses it considers to be part of a conspiracy
orchestrated by a company that can afford to pay the legal fees,
damages, and other costs incurred in the case. It looks like SCO could
not only lose the case for themselves, but the lawsuit could backfire
right into the pockets of that nice little company in Redmond. IBM
could go after Bay Star, all of it's investors, and possibly even other
VC and holding companies.
If IBM had won an immediate dismissal of all claims immediately, they
would only be able to go after SCO. There would be no deeper pockets,
and SCO has very little of any significant value, now that it has sold
nonexclusive rights to Unix to Microsoft. SCO was kept alive because
they had Microsoft locked out of the Unix market. SMB contracts were
often referred to SCO, along with franchise contracts such as
McDonalds.
IBM can also use the cross-examination of SCO witnesses to bring up
other facts and information that could not only damage SCO's case, but
kill off most of the FUD being circulated by certain other companies
wanting to discourage the adoption of Linux, especially on desktops.
|
|
