Groklaw: IBM Goes on the Offensive and Asks for Partial Summary Judgment Now

“IBM has asked the court for partial summary judgment, a
declaration that IBM does not infringe SCO’s copyrights by its
Linux activities, in its Cross-Motion for Partial Summary Judgment
on its Claim for Declaratory Judgment of Non-Infringement, telling
the court that since SCO has been unable or unwilling for so long
to show any infringing code, and shouldn’t be allowed to now, they
request the court to wrap this part of the case up and issue a
declaration of noninfringement ‘with respect to IBM’s Linux
activities (the ‘Tenth Counterclaim’).’ This is a cross motion, not
just a motion, because, as you recall, this is the IBM counterclaim
that SCO has asked the court to dismiss or stay pending the outcome
of the AutoZone case…”

Complete
Story