Welcome Guest | Sign In
ECTNews.com
E-Commerce Times TechNewsWorld CRM Buyer LinuxInsider
Discussions

LinuxInsider Talkback

 
ECT News Community   »   LinuxInsider Talkback   »   Re: SCO Hits Back at IBM Dismissal Bid



Re: SCO Hits Back at IBM Dismissal Bid
Posted by: Peter Williams 2004-08-19 20:27:07
See Full Story

The SCO Group has responded robustly to IBM's attempt to have a U.S. district court dismiss some of SCO's main claims in its multi-billion dollar lawsuit. SCO's case alleges that IBM broke its Unix contract with SCO by putting the latter's code into the open source Linux operating system. According to IBM, the code in question is not taken from the core Unix System 5 code that is licensed from SCO, and so does not belong to SCO.


Re: SCO Hits Back at IBM Dismissal Bid
Posted by: ThomasFrayne 2004-08-20 17:57:55 In reply to: Peter Williams
I agree with the previous comment, but have additional information.
Novell had the right to waive any breach of the IBM contract in SCOG's name, and did so. Instead of contesting this, SCOG's Stowell switched the subject to the copyright ownership issue, and misrepresented what happened there.
The judge dismissed the case on technical grounds, gave SCOG 30 days to refile corrected claims, and commented that the documents that SCOG presented as evidence the Novell had transferred copyrights did not clearly convey clearly identified copyrights. He did not rule on the issue which is grounds for the motion to dismiss the refiled case.

Re: SCO Hits Back at IBM Dismissal Bid
Posted by: glennthigpen 2004-08-19 23:51:20 In reply to: Peter Williams
To say that the SCO Group has responded "robustly" to IBM's latest court challenge is rather overstated. The SCOG is still trying its case in the public press while it's actual court action has been positively anemic.
IBM's moves have come because the SCOG has presented no evidence to the court to back up its claims. Indeed, if you were willing to wade through the over one hundred page filing, you will find that IBM has deposed many of the principals from AT&T who were involved in the AT&T/IBM contract as well as others and none of those witnesses agree with the SCOG's interpretation of those contracts. The SCOG may (or may not) be the actual successor in interest to AT&T in those contracts, but it will have (and is) having a hard time legally in reinterpreting those contracts to make them say what the SCOG wants them to say.
And that is where the real deal is.... in the court. The affirmation by repitition may play in the press and with certain "analysts" but it has no legal weight in court. And that is where IBM so far has done its talking.
Glenn
Jump to:
What is the greatest challenge to organizations implementing Artificial Intelligence?
A shortage of talent with the skills to utilize AI to its full potential.
AI can be expensive and the return on investment is questionable to decision makers.
AI is an unfamiliar and complex technology that is not yet fully trusted.
AI has its own set of cybersecurity concerns which require additional resources.
Dependability of AI technology is still in doubt.
Many view AI as an unnecessary luxury.