Friday, February 11, 2005

SCO loses by winning

I've kept track of the SCO vs. IBM case rather closely. For those who haven't, SCO basically sued IBM for copying the original UNIX code into Linux. IBM then countersued on several points, including patent infringement and Lantham Act violations.

Now, Judge Kimball has given SCO an almost total loss by denying some of IBM's motions. As Marbux interprets Judge Kimball on Groklaw:

"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.
Later, he says,
SCO, you are not going to win your case in my courtroom. I've chosen the winner and it isn't you.
I'd feel sorry for SCO if they hadn't brought it on themselves. RICO charges might even be in the cards....

Fair disclosure: I used to collect a paycheck from IBM, but I've been a Free Software fan (especially NetBSD) since before I had a job there.

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