[FW] SCO vs. IBM looks like it's over for good

[Federico Voges]

Wow... I though that the whole thing had been finished already :S

On 29 February 2016 at 15:09, Man-wai Chang via Linux-users
<linux-users at linux-sxs.org> wrote:
> Source: <http://www.theregister.co.uk/2016/02/29/sco_vs_ibm_over/>
>
> The long-running SCO vs. IBM case looks like it might just be over.
>
> A new filing (PDF) scooped up by the good folks at Groklaw sees both SCO and
> IBM agree to sign off on two recent decisions in which SCO's arguments
> advancing its claims to own parts of Unix were slapped down by the US
> District Court.
>
> As The Register reads the PDF we've linked to above, and our informal legal
> counsel concurs, the new document describes IBM and SCO both signing off on
> the recent court orders. Those orders left SCO without a legal argument to
> stand on.
>
> The new filing also points out that SCO remains bankrupt and has “has de
> minimis financial resources beyond the value of the claims on which the
> Court has granted summary judgment for IBM.”
>
> Or in plain English, SCO is broke and the only asset it possess of any value
> is its claims against IBM, and how it doesn't even have those because it
> just lost a court case about them. That leaves SCO in no position to carry
> on.
>
> “Accordingly,” the new filing continues, “the disposition of SCO’s appeal is
> the practical course most likely to conserve both judicial and private
> resources.” That's the legal sense of “disposition”, by the way, so what the
> document's saying is that SCO giving up its appeal is most likely to stop
> the courts spending any more time or energy on this matter. Courts don't
> like wasting resources. So this is both parties explaining that wrapping
> things up now is a desirable thing.
>
> The filing goes on to say that it's possible to wrap up SCO's case against
> IBM without upsetting IBM's counter-claim against SCO. On the off-chance IBM
> wants to return to court to sue Zombie SCO, that is.
>
> Our legal friends therefore reckon this document is probably the final full
> stop in the long, long, case over whether or not IBM pinched bits of code
> and used them in its own operating systems.
>
> We're not so certain there's zero possibility of footnotes being required,
> because the document doesn't mention costs which are yet to be sorted out.
> But this does look like legal argument in the SCO vs. IBM case is done and
> dusted. Probably for all time. ®
>
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