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

[Leon Goldstein]

Agreed: it reads like a novel (bad pun, I know!) by Charles Dickens; 
life imitating art.

BTW: I finally got ADSL!


On 02/29/2016 10:23 AM, Federico Voges via Linux-users wrote:
> 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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