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SCO dodges bullet...


spinynorman
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My favorite quote from Judge Kimball's statement:

 

Viewed against the backdrop of SCO's plethora of public statements concerning IBM's and others' infringement of SCO's purported copyrights to the Unix software, it is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO's alleged copyrights through IBM's Linux activities.

 

[Emphasis mine.]

 

The FOSS community all saw the writing on the wall for SCO many moons ago; it's nice to see that the Judge appears to agree with us, even if he's trying to avoid any grounds for appeal by being super-cautious.

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It will be fun watching SCO get what they asked for: All the source for AIX and Dynix from IBM. They will have to hire a bunch of consultants to pour through the millions of lines of source, and it will drain them financially. And judge Kimball has said that they'd better produce evidence, or they're doomed. :banana:

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Actually, microsoft is financing the sco attempt to rid the world of free operating systems. So, there is plenty of money. Remember, every Dell, HP, Gateway, and other computer sold with the forced-upon-you pre-loaded windows is helping to finance sco and get rid of unix/linux/freenix/Geernix etc.

 

I guess the judge hasn't received his settlement yet! B)

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And here's a pretty good and clear explanation as for what this might mean, for non-lawyers:

 

http://www.groklaw.net/article.php?story=20050210075456474

this is a very good read, especially the section from Marbux. I like these tid bits (he's basically saying what Judge Kimball "really" said):

"IBM, you got my attention and I'm all over this case now. But we're going to do it my way. Don't worry, IBM. The briefs have convinced me that you are going to win this case, so I'm going to help you win."

and:

"SCO, your case is absurd, and you're trying to swim up a waterfall. You made your bed; now you have to sleep in it. Your motion to get rid of the counterclaims is denied and off my desk. I'm not worried about getting reversed on that subject. I realize you're not going away, but you are not escaping my courtroom without a judgment that clears up all the FUD you've been spreading about Linux and IBM."
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