SCOs likely argument

By Rob Enderle  |  Posted 2004-04-07 Print this article Print

The typical jury, in the artificial courtroom environment, will find my depiction of SCOs likely argument quite compelling. Heres that story in a nutshell:
  • Small company buys product.
  • Big company steals product.
  • Big company attacks other companies.
  • Small company attempts redress through the courts.
  • Small company gets violently attacked.
If the facts support this simple story, I believe a typical jury will have a hard time not finding for the small company. Particularly if I toss in the fact that the small company is run by Mormons and the big company is portrayed like WorldCom or Enron.
Comparing SCO vs. IBM with DOJ vs. Microsoft. Before I leave you, Id like you to think about a couple of things. In the Microsoft vs. Department of Justice action Microsoft believed very strongly that they were in the right and could not lose. The Justice Department started the case without any proof other than Netscape allegations. Microsoft hired the best legal talent available, including a number of ex-U.S. Attorneys General. The Justice Departments goal was to get Microsoft to unbundle its browser from its operating system. By the end of the trial, if the judge could have given Microsoft the death sentence, he would have. Boies was the top litigator on the Justice Department team.
In court, two sides enter, both believing they are right beyond the shadow of a doubt. But one side is always wrong. Wonder whats going to happen with the IBM vs. SCO trial? You can draw your own conclusions, based upon the scenarios Ive laid out. Ill leave you with my own facts:
  • I started looking at this case out of curiosity that resulted from a statement from the Linux community that stated that SCO had no evidence.
  • I really didnt care who wins. Linux simply wasnt my beat. It just seemed impossible that this statement was true, given what little I knew about the case.
  • Over a very short period of time, the Linux community itself convinced me that SCO would likely win.
  • Ive been on several juries, and Ive been foreman every time.
Were someone to ask me right now who I think is in the right, and I was on the jury with all of the ethical and legal implications, I would find for SCO. Think about it. Rob Enderle is the principal analyst for the Enderle Group, a company specializing in emerging personal technology. Check out eWEEKs Desktop & Notebook Center at for the latest news in desktop and notebook computing.

Rob Enderle Rob Enderle Enderle Group 389 Photinia Lane San Jose, CA 95127

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