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Groklaw: SCO Goes to Great Lengths Fighting Summary Judgement

Jul 13, 2004, 18:15 (0 Talkback[s])
(Other stories by Pamela Jones)


Desktop-as-a-Service Designed for Any Cloud ? Nutanix Frame

SCO's Memorandum in Support of Renewed Motion to Compel--As Text

"This is an odd document, from where I'm sitting, meaning I'm not privy to all the inner workings of what is going on. They seem to me to be asking for things the court didn't order (like unfettered access to IBM's Configuration Management Version Control) and then painting it that IBM failed to produce what the court didn't order, or they are asking for things that IBM has already told them they don't have, like emails from IBM executives like Wladawsky-Berger to the company saying, 'Hey everyone, don't forget our Linux Strategy is to destroy SCO's business and violate all our licenses in every way possible and I'm putting this in an email, which I will carefully preserve forever, so they can sue us later and win...'"

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Why SCO Requested to File Overlength Memo--What Is At Stake?

"Here you find them pleading for more space, because a lot is at stake. You have read the memorandum already, but note in their motion what they are so nervous about: IBM has requested summary judgment under Rule 56 on the merits (that SCO has failed to produce any evidence of copyright infringement), and *alternatively* they are asking for sanction of dismissal under Rule 37(b)(2) (taking the position that if SCO were to come forward with evidence now, they should be sanctioned for allegedly failing to comply with discovery earlier while purportedly certifying to the court that they were in full compliance.

"This explains their urgency, but it doesn't answer one simple question: if SCO hasn't filed a copyright infringement claim against IBM and doesn't intend to, why does it care if IBM gets a summary judgment of non-infringement...?"

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