SCO Asks Court To Reconsider IBM's Dismissal 139
VE3OGG writes "The SCO Group — the litigation firm currently in dispute with, among many, IBM, over supposed copyright infringing code in Unix — has quietly asked the courts to reconsider IBM's request to toss the case out. SCO argued that the court's November decision was procedurally and substantially flawed and they say 'the rules of procedure do not support such a result under the circumstances of this case.' If allowed to reopen the case, the SCO Group argues, that new evidence would present itself through the deposition of several IBM programmers who had previously been interviewed."
Re:Errr... (Score:4, Insightful)
Critical to the case, even more so than showing infringement, is the issue of IF SCO even OWNS the copyrights on said System V UNIX code found in Linux, and IF they did (big IF) IBM has a contract with Novell (orginal owner or current owner depending on if you are SCO or IBM) that allows IBM an irrevokable right to use the System V UNIX code as they pleased since they paid for that sort of license. SCO is cooked about six different ways but whether they are roasted, boiled, BarBQ'd, broiled, fried, etc. will have to wait until after the close of discovery in the SCO vs Novell case. If the court (same judge by the way) decides in that instance SCO does NOT own the copyrights on UNIX code the case against IBM is over and IBM wins. The only issue to settle would be IBM's counterclaims, which wouldn't be worth much as SCO would be bankrupt without a win (or another infusion of cash in exchange for "IP" from the Microsoft fairy).
I don't believe ... (Score:3, Insightful)
As long as they do, the 800-pound puppetmaster behind the curtain can continue to get mileage out of charges that Linux is tainted by IP infringement and that Linux users may be liable for stiff damages.
Re:Summary is somewhat misleading. (Score:1, Insightful)
New evidence? what? (Score:2, Insightful)