"IBM spokesman Michael Darcy declined additional comment,
telling internetnews.com only that the filing "speaks for itself."
The two sides are expected to file additional arguments on August
23 in preparation for a September 15 court date where Judge Dale
Kimball will hear arguments from both SCO and IBM regarding the
latter's request for partial summary judgment and SCO's motion to
dismiss IBM's Linux-related copyright counterclaim.
"'In essence, it is clear that SCO's hopes of winning on the
basis of Linux being a derivative work of Unix, and that it
infringes on SCO copyrights, has so far been unproven,' Stacey
Quandt, a senior business analyst at Robert Frances Group told
internetnews.com. 'The core focus of the case goes back to what it
was at the beginning--breach of contract--which SCO has not proven
as well. IBM's request for summary judgment highlights that the
facts rather than legal technicalities are the key to unraveling
SCO's unproven claims...'"