Groklaw: SCO's Corrected Motion to Dismiss or Stay

"Here is SCO's Corrected Motion to Dismiss or to Stay Count Ten of Counterclaim-Plaintiff IBM's Second Amended Counterclaims Against SCO which now matches SCO's Memorandum, which the earlier version did not.

"This corrected motion does not ask in the alternative that it be separated. And it is silent on Counts 9 and 14, unlike the confusing original motion of earlier today.

"Here they are sticking to essentially the argument they lost in Red Hat, asserting that there is no case or actual controversy to justify a declaratory judgment with respect to IBM's Tenth Counterclaim..."

Complete Story

Related Stories:

• ComputerWeekly: SCO Moves for Delay in IBM Trial(Apr 08, 2004)
• internetnews.com: SCO Wants to Split IBM/Linux Fight into Two(Mar 30, 2004)
• Groklaw: SCO Motion to Bifurcate in IBM Case(Mar 29, 2004)
• internetnews.com: IBM Won't Oppose SCO's Copyright Claim(Feb 26, 2004)