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Welcome to virtuallinux.org. You are currently reading the article "SCO Group wants judge to rethink gutting of case". All articles on virtuallinux.org pertain to the ongoing assult on the worlds greatest Operating system. Continue on reading about "SCO Group wants judge to rethink gutting of case"
SCO Group wants judge to rethink gutting of case
Posted on Friday, December 15 2006 @ 10:33:35 EST by linuxwiz |
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Utah's SCO Group has asked a federal judge to reconsider striking most
of the claims from its $5 billion, Linux-related lawsuit against IBM.
But they don't want anyone to know why.
Attorneys for the Lindon-based software company, which claims
IBM illegally leaked SCO-owned Unix programming code into the
freely-distributed Linux operating system, filed supporting documents
for their reconsideration motion under seal this week.
"Largely, SCO wants to show some new evidence and cites some technical
problems in the decision to be fixed. I can't really discuss more
because [documents are under seal]," SCO attorney Brent Hatch said
Thursday.
IBM, which has steadfastly declined to comment on developments in the suit, had no comment.
Both sides in the suit filed by SCO in March 2003 have filed
documents under seal involving proprietary software and projects.
SCO wants U.S. District Judge Dale Kimball to take another
look at his Nov. 29 decision to uphold Magistrate Judge Brooke Wells'
June ruling to drop 187 of SCO's list of nearly 300 code-related
allegations against IBM. Observers have said the decision left the Utah
company with a near-worthless shell of a contract and copyright case.
Following a six-week review of Wells' ruling, Kimball had not
only upheld her decision in its entirety, but chastised SCO for failure
to obey repeated court orders to back up its claims.
The judge also ordered a separate but related suit involving
Novell's challenge to SCO's claims of Unix ownership be tried next
September, before the currently unscheduled IBM trial. A Novell victory
would likely deliver a coup de grace to SCO's suit against Big Blue,
since Unix ownership is key to that action.
SCO's stock closed Thursday at $1.5 per share, up 1 cent.
Source
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