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…'”
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…?”