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  Welcome to virtuallinux.org. You are currently reading the article "SCO Quietly Seeks Another Review of IBM Decision". All articles on virtuallinux.org pertain to the ongoing assult on the worlds greatest Operating system. Continue on reading about "SCO Quietly Seeks Another Review of IBM Decision"
SCO Quietly Seeks Another Review of IBM Decision

SCO Quietly Seeks Another Review of IBM Decision


Posted on Friday, December 22 2006 @ 12:18:31 EST by linuxwiz
 
 
  SCO related 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.

Utah's SCO Group has asked a federal judge to reconsider striking most of the claims from its US$5 billion, Linux-related lawsuit against IBM .


But they don't want anyone to know why.


Keeping It Under Wraps

Attorneys for the Lindon, Utah-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 last 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.
Not Much Left

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.
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SCO Quietly Seeks Another Review of IBM Decision

 

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