DailyTech - IBM Seeks Dismissal of SCO Lawsuit

Submit News

Software IBM Seeks Dismissal of SCO Lawsuit
Michael Hoffman (Blog) - September 28, 2006 8:10 AM

E-mail

del.icio.us

24 comment(s) - last by mindless1.. on Oct 1 at 5:05 PM

The IBM vs. SCO saga continues

IBM has asked U.S. District Court Judge Dale Kimball and Magistrate Brooke Wells to dismiss a lawsuit the SCO group filed against IBM in 2003. The company filed six motions to throw out the claims due to Wells rejecting most of SCO's case earlier this year. SCO filed claims trying to keep the contract and copyright infringement case alive. In June, Wells ruled that SCO “willfully failed to comply” with court orders forcing the company to provide evidence that IBM did anything wrong.

Ten motions were filed on Tuesday by both companies – IBM filed four motions to try and dismiss the case, while two other motions allege that SCO infringed on IBM copyright and it hasn't infringed on SCO's copyright. SCO filed two motions for judgment against eight IBM counterclaims, and one more motion for summary judgment on the case. IBM has an extension – until Friday – to file more materials that would also push for summary judgment.

The legal battle between SCO and IBM started in March 2003, after the SCO claimed IBM used SCO's Unix code in Linux before distributing the software to developers. SCO has also filed suit against Novell, DaimlerChrysler and AutoZone. The company believes the $1 billion lawsuit will go to trial next year.

Comments

Threshold

Username
Password
remember me

This article is over a month old, voting and posting comments is disabled

If you're no good sue em'

By mforce on 9/28/2006 9:03:24 AM , Rating: 3

I just love these companies , especially the american ones . They're so happy to sue other companies or even people . Unfortunately some of them exist only to sue , like our good friend SCO here . They're almost dead but wait , while that code they have might be useless it seems it's still a pretty good reason to sue .
Why work for the money when you can sue ?
IMO there's too much sueing and too little work being done .
Look at Sun , instead of filing lawsuits against anybody they can they decided to open source Solaris and contribute something to the comunity .

RE: If you're no good sue em'

By evilrobot on 9/28/2006 9:35:37 AM , Rating: 2

Lawyers need to eat too!

Parent

RE: If you're no good sue em'

By RyanM on 9/28/2006 9:50:15 AM , Rating: 3

According to whom?

Parent

RE: If you're no good sue em'

By noxipoo on 9/28/2006 10:54:50 AM , Rating: 2

other lawyers

Parent

RE: If you're no good sue em'

By dgingeri on 9/28/2006 1:10:27 PM , Rating: 2

let the lawyers eat each other.

Parent

RE: If you're no good sue em'

By mindless1 on 10/1/2006 5:03:57 PM , Rating: 2

It's always interesting when someone gains a skill then thinks the world is obligated to pay them, regardless of whether they're using that skill for some useful and needed purpose. Instead lawyers appeal to greed and some fools have too much money to resist- because it's not THEIR money.

Parent

RE: If you're no good sue em'

By OrSin on 9/28/2006 12:07:35 PM , Rating: 3

quote:
I just love these companies , especially the american ones . They're so happy to sue other companies or even people

Isn't the European Union fining microsoft is just as bogus. It want to fine for monopoly then do so for the OS not for media player in the OS. And now they talking about do the same thing to Vista becuase it too secure. EU just want American companies to pay for the fact that have no OS of thier own. Not a huge fan of MS, but a company should never be fined for giving something away for fee that will always be free. If that was the cast then Adobe should be fined for thier reader.

Parent

RE: If you're no good sue em'

By dgingeri on 9/28/2006 1:15:50 PM , Rating: 2

I love how the EU is fining MS all this money to get them to make their software less secure.

Parent

RE: If you're no good sue em'

By Hare on 9/28/2006 1:22:19 PM , Rating: 3

EU is NOT fining MS just to make their software less secure. They are also NOT asking for MS to remove their firewall etc. EU is looking at Vistas certain features. Why? Because of the lobbying of Adobe and Symantec, both American companies?

Parent

RE: If you're no good sue em'

By Jharne on 9/28/2006 2:45:50 PM , Rating: 2

quote:
It want to fine for monopoly then do so for the OS not for media player in the OS.

The EU isn't fining MS because of it's monopoly in the OS market, it's fining MS because of it's behaviour while it's a monopoly in the OS market.

Making them remove the media player is pretty numb though, but that's politicians for you. Geographic differences don't seem to effect their stupidity.

Parent

RE: If you're no good sue em'

By stmok on 9/28/2006 4:43:46 PM , Rating: 5

OrSin says...

quote:
Isn't the European Union fining microsoft is just as bogus. It want to fine for monopoly then do so for the OS not for media player in the OS. And now they talking about do the same thing to Vista becuase it too secure. EU just want American companies to pay for the fact that have no OS of thier own. Not a huge fan of MS, but a company should never be fined for giving something away for fee that will always be free. If that was the cast then Adobe should be fined for thier reader.

Where have you been? Don't you see the overall picture of the situation? WTF does this have anything to do the IBM vs SCO case?

(1) EU is fining Microsoft, because they are not opening their specs to allow interoperability. Their past monopolistic behaviour is well-recognised and taken into consideration. (You are now considered under different rules).

By preventing interoperability of third-parties, you hamper the existance of competition, and hence, can charge whatever price you want! What does this result in? A Monopoly! That's the point! Microsoft does NOT want competition unless its forced to. The EU issue is pushing them in that direction, of allowing a more fairer playground for all kids to play in.

Look at the example of Samba. This is a solution used in Linux/Unix so you can operate with Windows boxes on a network. (You can emulate a Windows client or server). How was this achieved? Hackers had to study how MS's garbage worked and write their own solution! (Do you know how long it takes to emulate someone's garbage? Especially from Microsoft?)

Sadly, folks fail to see that...Strike 1.

(2) Microsoft is doing everything it can to make the EU look bad and gain support from the public and EU politicians. If you don't believe me, look at these articles.

(A) Delibrately trying to scare with possible delays to Vista in EU.
Microsoft rattles EC cage on Vista delay
http://www.theregister.co.uk/2006/09/07/windows_vi...

(B) Delibrately trying to scare, using the "security" card of Vista.
Microsoft worries aloud that the EU could make Vista less secure
http://arstechnica.com/news.ars/post/20060912-7717...

(C) Delibrately sponsoring studies to show that EU would benefit with MS solutions hanging around. (economic benefits to influence politicians)
Microsoft's Masterpiece of FUD
http://www.linuxjournal.com/node/1000097

Sadly, folks fail to see this as well...Strike 2.

(3) MS's competitors are jumping on this opportunity with the EU, because they know this maybe the only time they can hit back. (Where Microsoft is NOT in its home ground of the good old USA).

Did you know that Microsoft makes "financial contributions" to certain political parties in the USA? How do think they can act like the way they do, and still get away with it in that country?

How do you think they can get the US Govt to tell the EU to be "nicer" to Microsoft in regards to this anti-trust case?

US politicians go to bat for Microsoft
http://www.theregister.co.uk/2006/09/26/microsoft_...

Folks failing to see this...Strike 3.

Simply put, people blindly side with Microsoft without seeing the overall picture of the situation. Everyone who's known Microsoft since their beginnings, are well aware of the tricks they play when pressure is place upon them.

In the EU case (like every other case that doesn't go their way), they will play every trick they can think of to change the decision or at least, minimise the pain. This has worked very well in the USA. (But has failed in South Korea and in Europe).

Its too bad the current generation of computer users have no clue about it, and continue to side with Microsoft. I guess they deserve everything Microsoft dishes out to them...WGA, DRM, EULA, etc.

Parent

RE: If you're no good sue em'

By Christopher1 on 9/29/2006 4:21:10 AM , Rating: 1

Actually, the European Union fining Microsoft is not bogus. They have a good reason to fine Microsoft, when they were lying about Media Player, Internet Explorer and other things being unremovable parts of the OS.

That is the reason that Microsoft got slapped, because they were trying to use the power and reach of their monopoly on OS's to branch out into other parts of the computer business.

That is a no-no for ANY business that has a total monopoly, de facto, on anything.

Parent

This Lawsuit is a Joke

By Dhaval00 on 9/28/2006 1:15:58 PM , Rating: 2

This lawsuit involves the biggest and the baddest boys of the IT industry. It has been going on forever now - companies suing the shit out of each other; virtually, each and every one of the companies involved in this lawsuit is to blame. No wonder IBM is seeking its dismissal. I never understood the details, but the more I look into it, the bigger of a joke it becomes.

RE: This Lawsuit is a Joke

By qdemn7 on 9/28/2006 2:19:24 PM , Rating: 3

quote:
There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped or turned back, for their private benefit.

Robert A. Heinlein - Lifeline

I wish i had the money to post that on billboards throughout the US.

Parent

RE: This Lawsuit is a Joke

By stmok on 9/28/2006 4:49:33 PM , Rating: 2

Of course this case is joke! SCO really has no case to begin with! I think the judge knows that!

Both IBM and Novell are gonna crush them and wipe them from the Earth. (From a legal and financial perspective).

But you know who really wins?

The lawyers on both sides! They must earn HEAPS! Who needs to be a programmer, engineer or scientist! You make big bucks being a lawyer! (Besides, the chicks in Law are much hotter than in engineering and science!) :p

Parent

RE: This Lawsuit is a Joke

By BladeVenom on 9/28/2006 6:13:30 PM , Rating: 3

quote:
(Besides, the chicks in Law are much hotter than in engineering and science!) :p

You just can't stop thinking about Janet Reno, can you? Women in sciences make better wives than lawyers. They are more logical and easier to get along with. Besides if you ever get divorced from a lawyer, you're so screwed.

Parent

RE: This Lawsuit is a Joke

By Christopher1 on 9/29/2006 4:24:47 AM , Rating: 1

True, logic is one of the first things that goes when you become a lawyer. Though, most people don't have too much logic to begin with. They make their decisions based on emotion, instead of facts, and get angry when someone dares to prove their position wrong.

George W. Bush is a good example of this mindset.

Parent

RE: This Lawsuit is a Joke

By AxemanFU on 9/29/2006 10:04:47 AM , Rating: 2

Another good example is the hysteria driven global panic about global temperature fluctuations. People making irrational decisions based on emotion without a complete and sure grasp of all the facts.

I for one think the EU can do what they want. If they want a tighter definition of monopoly power than the US, then they are welcome to do that. The Europeans are starting to develop a habit of using internal regulatory laws to create artifical trade barriers with the US and other trade partners outside the E.U., and that is alarming, because those actions end up provoking retaliatory actions by other trade blocks and nations, and the net effect is to cool economic activity, and can contribute over long periods to conditions causing economic slows or recessions. No single legislation or regulation would do that, but the aggregate effects of many can.

If MS wants in the European market, they need to play by European rules, and re-price their product accordingly to match the increased expense of modifying their base offering. We sure don't want to subsidize the required changes by what we pay here in the US for the full OS package.

Parent

RE: This Lawsuit is a Joke

By Strunf on 9/30/2006 1:31:31 PM , Rating: 2

Are you blind ?... TYPE Steel +WTO +US on google... or type cotton subsidies... there's countless cases where the US protects its own interests violating the WTO rules.

Parent

Lawsuits

By gramboh on 9/28/2006 11:41:14 AM , Rating: 2

Lawsuits are pretty standard in business, I see them all the time in my clients, none of which are in the tech sector. This is in Canada as well. Basically if a company thinks they have been wronged and the cost of the suit is less that an expected settlement, they will go for it. Shareholders should demand as much.

RE: Lawsuits

By dgingeri on 9/28/2006 1:22:06 PM , Rating: 2

the problem isn't that one company has wronged another, it's the companies that exist for the only purpose to mug other well run companies for their lunch money through lawsuits. IBM and the others in this series of suits have done nothing wrong, but SCO sees a chance to sue.

Rambus has done nothing but trick memory manufacturers into using some minor parts of their technology and they now want to sue all those memory manufacturers so they can control the whole memory market.

Companies like this, who produce nothing of value and then use any tactic they can to steal properly earned money from others, are the bane of a democratic way of life. Just these 2 companies are much more of a threat, and ruin more lives, than all the terrorists in the world.

Parent

RE: Lawsuits

By vanka on 9/28/2006 1:43:02 PM , Rating: 2

While I agree that SCO and Rambus should be taken out and shot, to say that they ruin more lives than terrorists is bull. Paying a little more (or even a lot more) for RAM or an OS would be worse than getting kidnapped, forced to convert to Islam at gunpoint, killed, or blown up. SCO winning the lawsuit would not be the end of the world, the terrorists getting their way on the other hand would be.

Parent

RE: Lawsuits

By Murst on 9/28/2006 3:41:53 PM , Rating: 2

quote:
Rambus has done nothing but trick memory manufacturers

Although I will completely agree that Rambus has acted wrongly in many occasions, stating that they have nothing to contribute is complete crap. They have come up with many innovative solutions when it comes to memory.

They should be fined for their practices, especially when it comes to establishing "standards", but I do hope that they continue to work on finding better solutions to memory technology.

Parent

RE: Lawsuits

By mindless1 on 10/1/2006 5:05:59 PM , Rating: 2

Considering how they spend their time, should we even assume they did ever contribute instead of some other scheme to grab past IP? I'd called serialized memory technology an inevitable discovery, along with many supportive techniques but that's just me?

Parent

RE: Lawsuits

By AxemanFU on 9/29/2006 10:10:14 AM , Rating: 2

Lawsuits are unfortunately too common in business, and other civil affairs. It's like a giant legal racketeering operation by the lawyers. They have colluded by gentlemen's agreement that something that would be called usury as a personal loan interest rate in most states, 20-40% of the take, is perfectly fine for legal fees and apportions. I'd dearly LOVE to break that legal racket, but since the lawyers have a solid control of government and every other route by which you could assault it, we are all pretty much screwed into getting fleeced to get gustice.

Parent

"I modded down, down, down, and the flames went higher." -- Sven Olsen