Bold Move

By Steven Vaughan-Nichols  |  Posted 2005-02-10 Print this article Print

?"> Talcott also agreed with Quandt that by not dismissing The SCO Group Inc.s claims, as IBM had requested, Judge Kimball is trying to avoid a drawn-out appeals process. "The court was not going to risk being reversed on appeal by granting IBMs motion at this time, when SCO can claim that it is still evaluating discovery presumably received from IBM as a result of SCOs discovery motion."

Laura DiDio, Yankee Group senior analyst, said SCO is taking big chances with its IBM lawsuit. "SCOs decision to file a multibillion dollar lawsuit against IBM is [making a] bet for company strategy. Its either a very bold move or surefire suicide.

"That said, nothing would surprise me about this case," DiDio said. "Hes basically said hes seen no hard, actual evidence from SCO to support its claims, but he still has lingering doubts or maybe believes that there is a shred of credibility to SCOs claims because he stopped short of granting a summary judgment."

Still, she said, "As the party that launched the suit, the onus is squarely on The SCO Group to prove its claims. And yes, Judge Kimballs remarks in rendering his ruling were a scathing indictment against SCO—on the surface, the deck appears to be stacked higher than the Sears Tower against SCO."

"This may indeed be 10 to zero with two outs, no one on base, and two strikes on the hitter. But you have to remember that last September, the Red Sox were down 3-0 and two outs away from elimination in the American League East divisional race, when they rallied and stunned the Yankees—in Yankee Stadium, no less, and as a native New Yorker and lifelong Yankee fan, I still cringe!!" DiDio said.

Therefore, she said, "SCO could still pull out a long-shot victory if it has the evidence it claims it does, and if the evidence stands up to the scrutiny of jury and judge. Or this case could turn out to be the biggest nothing since Geraldo Rivera opened Al Capones vault on national TV and didnt even find cockroaches!" she said.

But DiDio said she still has her doubts about Linuxs intellectual property foundations. "There is a larger issue, though: Even if the SCO case gets dismissed entirely, it does not remove the copyright cloud hanging over Linux and open source."

As for the IBM-SCO case at hand, Rosen observed, along with the others, that, "SCO has backtracked so much on its complaints about Linux that the notion of Linux copyright infringement is no longer an important part of the lawsuit."

Speaking just for himself, Rosen said, "We should let SCO and IBM continue to battle over the remaining contract causes of action until, ultimately, SCO will crawl back into its grave with the stake in its evil heart."

SCO, however, doesnt see it that way. "We are pleased by the courts order denying all three of IBMs motions to effectively dismiss SCO claims without a trial," said Blake Stowell, SCOs public relations director. "Coupled with last months ruling from the magistrate judge on discovery, we are looking forward to our day in court." Check out eWEEK.coms for the latest open-source news, reviews and analysis.

Steven J. Vaughan-Nichols is editor at large for Ziff Davis Enterprise. Prior to becoming a technology journalist, Vaughan-Nichols worked at NASA and the Department of Defense on numerous major technological projects. Since then, he's focused on covering the technology and business issues that make a real difference to the people in the industry.

Submit a Comment

Loading Comments...
Manage your Newsletters: Login   Register My Newsletters

Rocket Fuel