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DaimlerChrysler Looks for Dismissal of SCO Suit
Posted by
michael
on Thu Apr 29, 2004 12:20 PM
from the just-beat-it dept.
from the just-beat-it dept.
Ian Atkins writes "DaimlerChrysler has told SCO where it can stick its lawsuit. In a filing in Michigan, the car company has said not only does it not have to give SCO the information it asked for, but that it hasn't used the software SCO claims rights over - for seven years. It has asked the judge to throw the whole thing out of court. Another bad for SCO and its MS-backed Linux crusade it would seem. Full details on Techworld here." Reader Eggplant62 notes that Groklaw is also covering the story, and noting that SCO has dropped their claim that the GPL is unconstitutional.
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Lets not post every legal filing (Score:2, Insightful)
Judges orders, warrants, and decisions from the bench are worth noting. But legal filings are just the gears of the bloated legal system in action.
The first thing any lawyer does in almost any case is file for dismissal on some obscure precedent.
Re:Lets not post every legal filing (Score:5, Insightful)
Not having used SCO Unix for seven years isn't really an obscure point, is it?
Parent
Re:Lets not post every legal filing (Score:5, Funny)
Some legal guy will probably blither that it's about burden of proof. At least in criminal matters.
Police prosecutor: "...the accused was seen walking out of a Best Buy with a DVD player. He was confronted by security, whereupon he said 'I am not the man you're looking for. There is no DVD player. Move along'. Security inexplicably let him go."
Accused: "I havent even watched a movie for 7 years so I dont even have a dvd player. I am not the man you're looking for. There is no DVD player."
Parent
Re:Lets not post every legal filing (Score:3, Interesting)
Re:Lets not post every legal filing (Score:3, Insightful)
Yes, but obviously not in the spirit which the system of laws was intended.
It's EXACTLY that kind technical hair-splitting that is cheapening humanity in general; no one wants to play fair.
And there are probably slimy counter-counter-tactics that each party will resort to before this is over, but in the end there won't be any true accountability.
You're right, I *don't* like it.
Re:Lets not post every legal filing (Score:3, Interesting)
I have never been interested in the law before before this case and I have done my best to keep up to date by reading groklaw and let me tell you no human should be a witness to such absolute and utter stupidity.
Motion after motion of silly documents, delay after delay. How long has the SCO case been going on? The judge isn't even close to making a decision yet
Re:Lets not post every legal filing (Score:4, Insightful)
But you know, there has been a small positive side in this for you; you've obviously developed your understanding of law and legal proceedings.
I know it's a sort of sad-education, but what can I say, you'll have to distill the good that you can out of it.
Rock on, killjoe.
Parent
Re:Lets not post every legal filing (Score:3, Interesting)
Same difference though.
On an interesting aside, *I* HAVE used SCO Unix (back in '92, I believe), and both times I did, it proved to foreshadow today's events:
Being a COMPLETE newbie with anything *nix in those days, I was nonetheless given the task to shut down and restart a SCO Unix server.
Being clueless (I admit), I fiddled around until I simply got fed-up and pressed the reset button on
Re:Lets not post every legal filing (Score:5, Insightful)
And this one in particular... to have SCO get rid of their patent claims... I'm waiting on a new letter to congress rescinding their previous outrageous unconstitutional hand-waving. I'm not going to hold my breath though
Parent
Re:Lets not post every legal filing (Score:3, Insightful)
drop their claim? (Score:5, Interesting)
There are corps that weren't choosing linux or delaying programs because of this
Re:drop their claim? (Score:5, Insightful)
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How can they make claims and drop them like that? No consequences??
Actually there can be consquences, and there still may be. DaimlerChrysler can turn around and sue SCO for the corporate equivalent of defamation of character, etc. Filing a lawsuit without merit is always risky because you can be counter-sued. Given SCO's actions in the past I doubt they'll sensably drop this and will probably force DC to counter-sue them to get rid of the bad (and false) press SCO is causing them.There are corps that weren't choosing linux or delaying programs because of this .. there were real losses. It's just wrong that you can make risk free arbitrary claims and accusations as scare and/or FUD to try to advance your agenda .. without worry of consequences.
Parent
Re:drop their claim? (Score:5, Informative)
Parent
Re:drop their claim? (Score:3)
Thank you. At least someone else out there can see the judicial system for what is really is.
This country is in need of a revolution. Or at least a rewriting of the Constitution. This bullshit legal stuff has got to go.
Regardless, I think it's great that DC told SCO to basically go phuck themselves. I think a point would be made if every company SCO filed suit against did the same, even though their wishes might not be ca
Dismissed with Prejudice? (Score:5, Interesting)
The WHEREFORE clause asks that the complaint be dismissed with prejudice, and that the court award DaimlerChrysler costs and attorneys' fees. (emphasis added)
IANAL, so I do not know if this is standard for dimissing with prejudice (heck, it might be the defintion of dismissing with prejudice, for all I know), but it seems like DaimlerChrysler isn't going to let them go without some consequences. It might not be a big dent compared to a defamation suit, but it's a start. Also, every drop of red that SCO shows in its annual reports tied to judgements going against them (as opposed to "cost of doing business" in launching the claims) looks worse for the stockholders.
We can only hope those stockholders eventually see sense, since the executive team doesn't.
Parent
Re:Dismissed with Prejudice? (Score:5, Informative)
Whereas dismissal without prejudice means 'They cannot prove the case, but they may, indeed, have one, once they get their act together and file in the right court or under the correct statue or whatever.'
(Of course, you can appeal either of these.)
Dismissal with prejudice is what judges do to people who sue the government for alien mind control.
Parent
Can we do without the editorial? (Score:3, Insightful)
Exactly what does that add to this story?
Re:Can we do without the editorial? (Score:3, Funny)
Hey, a pig just flew by my office window!!!
Re:Can we do without the editorial? (Score:3, Insightful)
I don't why everyone gets their panties in a bunch of a few editorializing words in postings. You want supposedly straight facts and not much else? Try news.google.com.
The whole notion of a community discussion site is built on opinions, to muzzle the opinions of the poster is asinine. Unlike a journalist, a story poster has no professional responsibility to maintain objectivity.
Re:Can we do without the editorial? (Score:3, Funny)
Eleven words and two acronyms
Re:Can we do without the editorial? (Score:4, Insightful)
Parent
New reality show (Score:4, Funny)
Darl Survivor III (Score:3, Funny)
Re:New reality show (Score:3, Funny)
No, his new roommate is not named Bubba. His name is Ben Dover. I think Bubba is his nick name.
Yay (Score:5, Interesting)
Re:Yay (Score:3, Insightful)
Re:Yay (Score:3, Interesting)
New SCOX low for the year today (Score:5, Interesting)
That big bump in March seems to have been SCO's announced stock buyback. So they blew a big chunk of their remaining cash, and the stock went back down anyway.
It doesn't get much worse than this:
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Product sales are zilch.
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Intellectual property sales are zilch.
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Their VCs want their money back.
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They're in litigation with four different Fortune 1000 companies. And not doing well.
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Their CEO is widely viewed as an annoying loudmouth.
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The stock is in a screaming dive.
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They're widely hated.
The only upside is that there are no criminal charges or securities-fraud litigation. Yet. That may come, if insiders enriched themselves during the stock runup.Parent
because.. (Score:3, Funny)
Text version of DaimlerChrysler's response (Score:5, Informative)
In Pictorial Format (Score:5, Funny)
Tactical Map [atai.org]
SCO's current position [intriguing.com]
Relationship with IBM [facinet.com]
Parent
Re:Text version of DaimlerChrysler's response (Score:3, Funny)
I think I'll even admit that UNIX is a computer software OS.
Oh really now? (Score:4, Funny)
Truly now is that the way they did it?
More than likely it was:
Dear Sir or Madaam,
Put forth hereth we knowth thus blah blah blah
Now to tell SCO where to stick it would be more like:
Listen up you stupid idiots,
We have no idea what the fuck you are talking about so piss off and crawl back into your hole and die.
With love,
DaimlerChrysler
Re:Oh really now? (Score:3, Funny)
The REAL news in the techworld article... (Score:3, Funny)
I never thought Daryl would shut up.
Disable their vehicles (Score:3, Funny)
SCO + RIAA (Score:4, Funny)
I thought M$ had good lawyers, man these two companies can sue any one of any status.
Methinks they're running out of gas (Score:3, Interesting)
why doesn't SCO just die ... (Score:4, Informative)
"Unclean Hands" (Score:5, Informative)
Man, I knew some judges were sticklers about proper decorum in the courtroom, defendants wearing suits, etc. but this is pretty extreme, don't you think?
News just in: (Score:5, Funny)
It appears as though SCO is in fact not scraping the bottom of the barrel...any longer. They have broken through the bottom and are working themselves into a barrel sized pit. The barrel was located near an outhouse, and so now you can see where they are coming up with all this...stuff.
-Adam
Why is it 'Pulling a SCO' (Score:4, Insightful)
The way I see it, it should be called 'Pulling a GraceNote' - ie steal from contributers and sue frivrously. It seems to me SCO learn a lesson from GraceNote...
Press Release (Score:3, Funny)
LINDON, Utah, Apr 29, 2004/PRNewswire-FirstCall via COMTEX/ -- The SCO Group, Inc. (Nasdaq: SCOX), the owner of the UNIX® operating system and a leading provider of UNIX-based solutions, announced today that they are to begin selling PCs pre-loaded with SCO Unix.
In light of this change to their core strategy they will also be changing their name from The SCO Group Inc ("SCO") to Santa Cruz Unix Machines ("SCUM").
"We feel that our new name better reflects our business and core values," said Darl McBride, President and CEO, Santa Cruz Unix Machines, Inc. "As SCUM we feel we are sending the right message to consumers about the sort of company they are dealing with."
All products will be re-named to fit with the new corporate image.
Forward-Looking Statements
This press release contains forward looking statements related to SCUM's belief that the world is flat and that anyone with an IQ over 12 would ever want to do business with them again.
About SCUM
The SCUM Group (NASDAQ: SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCUM has a worldwide network of more than 11,000 resellers and 4,000 developers. SCUM Global Services provides reliable localized support and services to partners and customers. For more information on SCUM products and services, visit http://www.sco.com.
SCO, SCUM and the associated SCUM logo are trademarks or registered trademarks of Santa Cruz Unix Machines, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group.
SOURCE Santa Cruz Unix Machines, Inc.
Re:Go Linux (Score:5, Informative)
Parent
Umm wake up (Score:5, Insightful)
DaimlerChrysler was being sued using their Unix licence. So they ditched Unix and went Linux/Microsoft long ago. Yes, I know. I've been trolled. I lost.
Kjella
Parent
Re:How can SCO keep this up (Score:5, Interesting)
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With all this idiocy, it would seem SCO are doomed. How could any company maintain with this much erosion to their credibility?
As long as they can manipulate reports and spin things in a way that their stock price doesn't tank they can survive. IF this does get dismissed and the Autozone one as well it might impact their stock price. Actually this one might impact it because on the face of it, even to a lay person, having not used the software in question for 7 years makes the lawsuit look totally meritless.SCO has survived a year now with huge animosity towards them, just in the past few weeks are we seeing signs that their whole campaign may fall apart. If they pull something that gets investors to drive the stock price back up again, they'll continue to survive. Once it drops to what is it's true value (next to nothing IMHO) then that'll signify the beginning of the end of SCO.
Parent
Trial By Stone (Score:5, Funny)
Trial by Sharon Stone - last person who doesn't faint in interrogation sequence wins
Trial by Bludstone - Gain mod points by posting obscure Dark Crystal references
Trial by Flintstone - Endurance rally race in which you drive a 600 lbs car cross country with your own two feet
Trial by Oliver Stone - conducted by the CIA
Parent
Re:SCO does have some legit claims (Score:5, Informative)
And this could be one of them...
Read the daimler filing, this is surely not one of them. This suit is about Daimler/Chrysler failure to comply to the audit letter sent to Unix licenses at the end of 2003. Basically, what they tell SCO is :
We already answered but anyway, you didn't have a right to ask in the first place, and if you did, as per your contract with Novell, they waived your right to an answer. Also, we haven't used your systems in a while, and you have failed to indicated clearly how we're infriging your IP and you didn't try to mitigate or give us a chance to cure. So screw off and come back when you've got something to sue us over.
And mostly, they're right, and you would know this if you followed groklaw's excellent coverage.
Parent
Re:SCO does have some legit claims (Score:5, Informative)
Actually, they filed for dismissal with prejudice, so they actually said something like:
So screw off, and don't bother coming back.
Parent
Re:Hold on... (Score:3, Insightful)
The Congress shall have power
Thus, GPL must agree with copyright law, which derives its power from the constituion. (Of course, they were really just trying to make people lose confidence in Free Software.)