IBM Files For Declaratory Judgement In SCO Case

Some Bitch writes "IBM has filed for declaratory judgement in the SCO case. They want the court to declare that "IBM does not infringe, induce the infringement of or contribute to the infringement of any SCO copyright through its Linux activities, including its use, reproduction and improvement of Linux, and that some or all of SCO's purported copyrights in Unix are invalid and unenforceable.". If the judge grants the motion then SCO effectively has no case and the whole thing is over." spafbnerf notes that "SCO has filed a motion for the patent infringement claim to be split into a separate case." fr0z adds a link to Groklaw's always-excellent coverage.

Files For Declaratory Judgement

[Anonymous Coward]

Well, a few colleagues and I analyzed Files For Declaratory Judgement a few months ago. The upshot was that we were disappointed, as there are more powerful solutions hitting the market soon, and less expensive to boot.

In sum, I think that Files For Declaratory Judgement is overrated and would recommend against it at this time.

My precioussss, preciousss lawyers!

[orthogonal]

spafbnerf notes that "SCO has filed a motion for the patent infringement claim to be split into a separate case."

But, why?

I mean, if IBM gets the declaratory judgment, it'll wrap this all up.

Splitting off the patent infringement into another lawsuit will just drag this out for another year...

Oh!

...and the whole thing is over!?

[gloth]

but wouldn't life be just a little bit too bland without our favorite enemy?

damn

[Anonymous Coward]

SCO is dying :~(

Probably a good time to dump this stock

Everything from 'If' to 'then' is unneeded.

[Jameth]

"If the judge grants the motion then SCO effectively has no case"

Everything from 'If' to 'then' is unneeded.

Really?

[Amaruit]

The whole thing could soon be over? Wow. I mean 2003 could be described as the 'year of the SCO'. A day without SCO news on slashdot is like.... I can barely remember what it was like before.

Do you have any idea how hard it was....

[Anonymous Coward]

For IBM's lawyers to get the licensing issues ironed out so they could use the Imperial March while slow-motion walking into the courtroom? Or the schedueling and accomidation issues for a full marching band?

Re:...and the whole thing is over!?

[DaHat]

and that assumes that they don't appeal.

That's the great thing about the US court system, even if you have no case, you can still cause havoc in court for years!

Re:Its about time IBM

[black mariah]

Lets hope it does. That way we can see SCO fall through the trapdoor unexpectedly and break both its legs when it hits the ground. Then they can get some more rope and hang them afterwards. >:D

Re:My precioussss, preciousss lawyers!

[GreyPoopon]

Splitting off the patent infringement into another lawsuit will just drag this out for another year...

Yeah, but wouldn't it truly be justice if SCO loses their case, then by their own request gets the patent infringement issues transferred to a separate lawsuit and loses that as well? Man, that would feel like sinking a three-pointer, scoring a goal with a bicycle kick, or getting a monster spike in volleyball.

To paraphrase MAD.

[Galileo430]

I'll catch you next time TORVALDS!!!

Next Up: SCO vs US Government

Re:Its about time IBM

[Anonymous Coward]

Or Wood Allen, and he's having sex with Diane Keaton. But then he notices the intrusion, and wants to talk.

Re:SCO, IBM, and my employer

[Anonymous Coward]

I'm an attorney in a medium size corporation. We have held off on adopting Linux.

No, you're a troll on a large size news website.

Re:SCO, IBM, and my employer

[AndroidCat]

Maybe all the pro-SCO posts keep coming from anonymous cowards at IP address 216.250.128.12?

Re:...and the whole thing is over!?

[orthogonal]

SCO is like Vader. What do we do once he's gone. Now granted, SCO is no where near as cool and powerful as Vader but they are our mortal enemy. And we both use a power like the force. Called the net.

And Darl McBride is Linus Torvald's real father?

Richard Stallman is Yoda?

In your SCO-is-Vader cosmology, who's Jar Jar Binks?

Booyah!

[basil montreal]

I'm wearing blue stripes to work tomorrow!!!

I love IBM...

Re:Its about time IBM

[Anonymous Coward]

Is it true that SCO and RIAA are planning a merger?

Objection!

[Royster]

These are intelligent, wealthy people, and they did not get that way by filing groundless lawsuits.

Assumes facts not in evidence.

Re:SCO, IBM, and my employer

[forgotmypassword]

More than once I have read a compelling "pro-SCO" post that disappears not long after it appears.

Too bad SCO had nothing compelling in the court room.

OOOOO Burn.

Re:SCO, IBM, and my employer

[Anonymous Coward]

Hey, my IP is in Windows 2003. Please could you send me $999 per CPU. Thanks, I'll be expecting the check in the post.

Re:damn

[Anonymous Coward]

I just heard some sad news on talk radio - washed out tech company SCO was found dead in its Utah home this morning. There weren't any more details.

I'm sure everyone in the Slashdot community will miss them - even if you didn't use their software, there's no denying their contributions to the technology field.

Truly an American icon.

Re:...and the whole thing is over!?

[Pensacola Tiger]

Jar Jar Binks = Steve Ballmer?

Re:Its about time IBM

[Anonymous Coward]

Your comment reminds me of another slashdot comment from the early 90's that I forget the name of.

Do I get modded up? Sheesh. Moderators of parent: this contributes nothing to the discussion.

Re:...and the whole thing is over!?

[liquidsin]

Well, Jar Jar was on the side of good, and had good intentions, he was just a bumbling moron. So I vote for a /. editor *COUGH*Michael*COUGH*

Re:SCO, IBM, and my employer

[Gorath99]

> These are intelligent, wealthy people, and they did not get that way by filing groundless lawsuits.

Are they more intelligent and wealthier than IBM and Novell?

Re:Checkmate, endgame

[lavalyn]

This is so well laid out that even a child of 6 could understand what it is

Fetch me a child of six!

Don't forget

[QEDog]

Don't forget the Chewbacca defense!

Re:...and the whole thing is over!?

[hairyface]

"In your SCO-is-Vader cosmology, who's Jar Jar Binks?"

Eric Raymond?

Re:...and the whole thing is over!?

[Asprin]

Let's examine the facts, shall we:

1. He's goofy...
2. barely intelligible...
3. clearly from another planet...
4. he's on the side with the good guys by default (nobody else wanted him)...
5. 
   and
   
   
6. his power is entirely political and was gained solely by association with other people who actually know what they are doing.

Jar Jar == Larry Ellison.

[*rimshot*]

THANK YOU, THANK YOU! YOU'RE A GREAT AUDIENCE! I'LL BE HERE ALL WEEK!

Re:IBM 1 TSG 0

[the_thunderbird]

Crivens! I di'nae noo wee could have lawyers on our side! Aye if this be truue the SCOO laywers will be getting a right kickin' in nae time!

Re:This is no trifling ploy...

[asr_man]

Hmmm... I wonder what color parachute Darl has...

Anvil colored.

Re:...and the whole thing is over!?

[Grave_Rose]

Richard Stallman is Yoda?

As long as he's not Princess Lea. *shudder*

Gr@ve_Rose

I would have gotten away with it it too,,,,

[genner]

if it weren't for those meddling kids and their penguin.

Re:IBM 1 TSG 0

[whittrash]

"the enemy of my enemy is my friend"

And don't fight a land war in Asia or a two front war...oops, been there done that.

Oh, look - tomorrow's the 1st April!

[SiegeTank]

Is it just me, or can anybody see a April Fool's joke on the way about this?! ;-) Seriously, I would be very glad for all this mess to be finally over. Though I'm going to miss the fun times. Ah yes, opening up my browser and heading over to /. & Groklaw to see what outrageous claims SCO were making that day.

Re:Its about time IBM

[Dayze!Confused]

TAAGOOC (These Acronyms Are Getting Out Of Control).

IANALOAPBIDRS (I Am Not A Lawyer Or A Paralegal But I Do Read Slashdot)

The Smoking Gun?

[Anonymous Coward]

Since when did The Smoking Gun [thesmokinggun.com] get involved in this case?

Oh wait, you mean THE SCO GROUP.

Well why don't you just say "SCO" like every other human on the planet?

You are not special.

Re:Files For Declaratory Judgement

[sysadmn]

Yeah, Files for Ejaculatory Declaration (aka Pr0n) is a much more widespread technology. I wouldn't particularly want to see what IBM creates in this area, though. It gives 'Big Blue' a scary connotation.

Re:God no!

[FuzzyBad-Mofo]

Darl: What do you want?
FBM: I'd like to live just long enough to be there when they cut off your head and stick it on a pike, as a warning to the next ten generations that some favors come with too high a price. I want to look up into your lifeless eyes and wave, like this: ::waves::

Re:Its about time IBM

[sik0fewl]

Don't worry, I'm sure IBM's got a croc pit beneath the trap door, just in case :)

Re:...and the whole thing is over!?

[FurryFeet]

I'LL BE HERE ALL WEEK!

No, you won't.
Love,
Larry.

Re:Microsoft still comes out ahead

[ReallyQuietGuy]

once the judgement comes, won't MS have a *fiduciary duty* to their shareholders to claw back the money they've paid out to SCO since, heck, they got nothing for it?


Holy shit... this is TRULY kickass