Groklaw: SCO Goes to Great Lengths Fighting Summary Judgement | Linux Today

Groklaw: SCO Goes to Great Lengths Fighting Summary Judgement

Written By
Web Webster
Web Webster
Jul 13, 2004

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…'”

Complete
Story

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…?”

Complete
Story

Web Webster

Web Webster

Web Webster has more than 20 years of writing and editorial experience in the tech sector. He’s written and edited news, demand generation, user-focused, and thought leadership content for business software solutions, consumer tech, and Linux Today, he edits and writes for a portfolio of tech industry news and analysis websites including webopedia.com, and DatabaseJournal.com.

Linux Today Logo

LinuxToday is a trusted, contributor-driven news resource supporting all types of Linux users. Our thriving international community engages with us through social media and frequent content contributions aimed at solving problems ranging from personal computing to enterprise-level IT operations. LinuxToday serves as a home for a community that struggles to find comparable information elsewhere on the web.

Property of TechnologyAdvice. © 2026 TechnologyAdvice. All Rights Reserved

Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.