Judge Holds SCO’s Feet to the Fire

Old news I'm just catching up on…
Sounds like justice grinding slowly forward to me: SCO Loses First Legal Round in Linux Battle

A federal [magistrate] judge told SCO it has 30 days to respond to IBM's demands for details about the Linux code SCO claims encroaches on its intellectual property.

Magistrate Brooke C. Wells said that SCO will have to answer IBM interrogatories 12 and 13, which demand that SCO produce “all source code and other material in Linux … to which plaintiff (SCO) has rights” and describe exactly how SCO believes IBM infringed these rights. The judge's order will be put into place on Wednesday, Dec. 10.

In addition, Ogden, Utah-based SCO must reveal all instances in which it has distributed Unix source code in ways that would lead to it being legally added to Linux. This ruling addresses a contention by Linux advocates that any Unix code in Linux was placed there by SCO itself.

In short, SCO will have to show IBM proof that its claimed “million lines of code” are actually in Linux, and that IBM, not SCO, was responsible for illegally placing the code there.

Which, if you've been reading your Groklaw it is exceedingly unlikely that SCO can do…

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One Response to Judge Holds SCO’s Feet to the Fire

  1. br3n says:

    wonder if they will be able to do so with specificity
    the way i understand it is that they even have to show how it infringes
    which considering it isnt from there own sysV code that IBM
    contracted and is from IBM’s own code then it is going to be
    a hard stretch for them to be able to do that
    i am not a lawyer but i do follow the groklaw.net and it has taught me a lot
    br3n

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