Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 


Forgot your password?
Close
typodupeerror
×
Caldera Government The Courts Your Rights Online News

DaimlerChrysler Looks for Dismissal of SCO Suit 239

Posted by michael 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.
This discussion has been archived. No new comments can be posted.

DaimlerChrysler Looks for Dismissal of SCO Suit More

DaimlerChrysler Looks for Dismissal of SCO Suit

Comments Filter:
  • by everyone involved in every one of SCOs cases. They really aren't newsworthy.

    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)

      by Progman3K ( 515744 ) on Thursday April 29, 2004 @01:26PM (#9009023)
      >The first thing any lawyer does in almost any case is file for dismissal on some obscure precedent.

      Not having used SCO Unix for seven years isn't really an obscure point, is it?
      • So says a lawyer.

        Next article up: SCOs lawyers file a motion that Daimlers lawyers are full of shit and they use SCO IP wrongly every day.

        Seriously, you think it's that easy? What if you were on trial for stealing a DVD player (or whatver), do you think you can just say to the judge "I havent even watched a movie for 7 years so I dont even have a dvd player"?
        • You know, you're probably right.
          I keep expecting these things to be fought by the rules and with truth.
          I *am* naive.
          • You see, they *are* being fought by the rules. You just happen to not like them. The legal system has indeed become ponderous, but things are playing out in a way that is to be expected.
            • >they *are* being fought by the rules.

              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.
              • Anybody who has followed the brain numbing briefs files over and over again in this case realizes by now that the american legal system is a joke.

                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)

                  by Progman3K ( 515744 ) on Thursday April 29, 2004 @02:31PM (#9009919)
                  I hear you.

                  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.
                • Anybody who has followed the brain numbing briefs files over and over again in this case realizes by now that the american legal system is a joke.

                  I think the judges have let this happen. What we need is for judges to slap down hard on people who don't comply with discovery and other orders (and come back with dog-ate-my-homework excuses) and have the appeals courts not reverse decisions because the judges actually enforced their own orders.

                  Look at the case in Florida that Boies was involved with: there

        • Re:Lets not post every legal filing (Score:5, Funny)

          by Dr. Evil ( 3501 ) on Thursday April 29, 2004 @01:47PM (#9009295)

          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."

        • Is there a clearly defined statute of limitations? If so, then yes, it really should be "that easy" shouldn't it?
      • Sure, there are a LOT of people who haven't used SCO Unix for seven years. Hell, I haven't used SCO Unix for over thirty years!
        • To be fair, I made a typo in my orginal post - the article says Daimler-Chrysler hasn't used Linux for seven years.

          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
      • No no, they still use SCO unix in some ways. I can walk in the back room and kick a box running SCO if I wanted to, as I'm at a Chrysler dealership. Dealers used a SCO box attached to a sattelite dish to do factory communications. They're in the process of removing those boxes, yay, but they have used SCO in the past 7 years.

    • Re:Lets not post every legal filing (Score:5, Insightful)

      by wookyhoo ( 700289 ) on Thursday April 29, 2004 @01:29PM (#9009045) Homepage
      Oh c'mon, it is news, and for those of us who have a big stake in our beloved Operating System, it's always nice to see further holes being smashed into SCO's ridiculous claims.

      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 ;)
    • Slashdot's core readership is significantly biased towards Linux use. We have a strong interest in the case. If you don't, another news site might be more in line with your interests. It's not like there aren't a great many to choose from.
    • Slashdot. News for "I am not a Lawyer.."s. Stuff that sort of matters.
    • I'd need to read their pleadings, but I'm guessing that their "we haven't used it in seven years" is a statute of limitations defense (i.e. after a certain period of time, you can't file certain lawsuits). I'm not sure what the statute of limitations on copyright infringement is, but it wouldn't surprise me if it was a four year statute of limitations, in which case not using the OS for over seven years is a complete and total defense, not "some obscure precedent."
      • The danger in posting after lunch is that not all posts are well thought out. Case-in-point, the statute of limitations defense doesn't make any sense if they're accusing Dymler of using SCO Unix without a license over the last seven years (only if they were saying "even if we did use it without permission, that was more than X years ago" where X is the statute of limitations). But the readings suggest that Dymler had a license seven years ago, so it's just a "we file an affidavit that we didn't use it; bea

  • drop their claim? (Score:5, Interesting)

    by Anonymous Coward on Thursday April 29, 2004 @01:24PM (#9008994)
    How can they make claims and drop them like that? No consequences??

    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.

    • Re:drop their claim? (Score:5, Insightful)

      by Maestro4k ( 707634 ) on Thursday April 29, 2004 @01:35PM (#9009115) Journal
      • How can they make claims and drop them like that? No consequences??

        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.

      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.

    • Re:drop their claim? (Score:5, Informative)

      by budgenator ( 254554 ) on Thursday April 29, 2004 @01:54PM (#9009382) Journal
      DC has basicaly said "Your Honor tell them to go away, never come back and have them pay us for our lawyers' fees on the way out; because they have no case, know they have no case, and are just pretending that they do."
      • Now it's SCOs turn. They will file a motion that says in effect 'did too!'. DC will then file another motion that says 'did not!'. It will go on like this for about a hear and a half.

        The American legal system is exactly like a couple of five year olds arguing.
        • The American legal system is exactly like a couple of five year olds arguing.

          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
          • How is this bullshit? If someone believes that someone else is stealing their code, you don't think they should be allowed to sue? I wouldn't like that. If someone gets sued and thinks it's wrong they shouldn't be able to try to get the case dismissed? I wouldn't like that either.

    • Dismissed with Prejudice? (Score:5, Interesting)

      by Embedded Geek ( 532893 ) on Thursday April 29, 2004 @02:04PM (#9009530) Homepage
      Groklaw had an interesting bit:

      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.

      • Re:Dismissed with Prejudice? (Score:5, Informative)

        by DavidTC ( 10147 ) <slas45dxsvadiv.v ... m ['box' in gap]> on Thursday April 29, 2004 @02:14PM (#9009666) Homepage
        Dismissed with prejudice means 'You don't have a case, and cannot possibly ever have a case, so you can't even file again about this.'.

        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.

        • Thanks. That's more in line with the use of the phrase as I've seen it in the past.

          I presume, then, that the matter of fees is independent of prejudice - you can ask for fees whenever a case is dismissed (although, obviously, a judge has discretion to not grant them if the suit appears to have some merit).

          Thanks again.

  • Can we do without the editorial? (Score:3, Insightful)

    by goldspider ( 445116 ) on Thursday April 29, 2004 @01:26PM (#9009017) Homepage
    "Another bad for SCO and its MS-backed Linux crusade it would seem."

    Exactly what does that add to this story?

  • New reality show (Score:4, Funny)

    by nizo ( 81281 ) on Thursday April 29, 2004 @01:27PM (#9009028) Homepage Journal
    Tune in every Tuesday and watch Darl as he tries to survive in the courts. Next season don't miss the "Darl Survivor II" premier episode where he gets strip searched prior to entering prison. Soon after he meets his new roomate Bubba, who introduces himself and then says, "I like your butt Darly boy".
    • in this year's premiere episode, Darl is locked out of the prison library for filing ten frivolous lawsuits a day against individual farmers, seeking damages from all those who supplied rotten maggots in his gruel. "I require fresh maggots," he claims. other inmates on Block 27 promise Darl they can grow fresh maggots in his arms and legs....
    • Soon after he meets his new roomate Bubba...


      No, his new roommate is not named Bubba. His name is Ben Dover. I think Bubba is his nick name.

  • "Little SCO, gonna sue you blind"
    "Darl gonna make you play $699..."

  • Your Honor.... (Score:2, Funny)

    by Vengie ( 533896 )
    "Your honor, we have no idea who these poor schmendriks are. We might have used some of their software in the mid 90's before we got beaten with a clue stick, but that was when we were still using Reynolds & Reynolds green screens and we didn't know what the INTARWEB was. <Moglen> Please make them go away?<moglen>"

  • How can SCO keep this up (Score:2, Insightful)

    by Anonymous Coward
    With all this idiocy, it would seem SCO are doomed. How could any company maintain with this much erosion to their credibility?

    • Re:How can SCO keep this up (Score:5, Interesting)

      by Maestro4k ( 707634 ) on Thursday April 29, 2004 @01:39PM (#9009184) Journal
      • 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.

    • Seen their stock of late? HERE [yahoo.com]
    • At least, they can't for much longer... below seven dollars and going down [yahoo.com].

  • Yay (Score:5, Interesting)

    by mkro ( 644055 ) on Thursday April 29, 2004 @01:28PM (#9009038)
    Now, I don't know much about "The Market", but I know what this curve means. [yahoo.com] Hah.

    • Re:Yay (Score:3, Insightful)

      by Albanach ( 527650 )
      This one [yahoo.com] is actually more interesting. SCO Are almost back to where they started from before they clained the owned the planet.
      • Don't remember where I read it (probably a link from here), but someone was saying that if the stock remained below 8 for one week it was a breaker for SCO.

    • Re:Yay (Score:3, Interesting)

      by DoorFrame ( 22108 )
      Yeah, but if you look at this one [yahoo.com] you'll see that they're still better off than they were a year ago.

    • New SCOX low for the year today (Score:5, Interesting)

      by Animats ( 122034 ) on Thursday April 29, 2004 @01:42PM (#9009227) Homepage
      SCOX hit a new low for 2004 today.

      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:

      • Product sales are zilch.
      • Intellectual property sales are zilch.
      • Their VCs want their money back.
      • They're in litigation with four different Fortune 1000 companies. And not doing well.
      • Their CEO is widely viewed as an annoying loudmouth.
      • The stock is in a screaming dive.
      • 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.
    • Yup....looks like the end of the dead cat bounce [wikipedia.org] from a couple weeks ago -- the end is nigh...
    • " Now, I don't know much about "The Market", but I know what this curve means. Hah."

      That its time for another Fireside Chat Press Release with Darl?

  • because.. (Score:3, Funny)

    by MasTRE ( 588396 ) on Thursday April 29, 2004 @01:30PM (#9009062)
    We're the Mercedes-Benz of.. Mercedes-Benz, SCO bitches!

  • Text version of DaimlerChrysler's response (Score:5, Informative)

    by pumpknhd ( 575415 ) on Thursday April 29, 2004 @01:31PM (#9009071)
    Groklaw has posted a text [groklaw.net] version of DaimlerChrysler's response to SCO's complaint.
  • Im getting very tired of this whole SCO thing. As such, I propose that this be solved via the famous "Trial By Stone," designed by Jim Henson.

    In the movie "The Dark Crystal" The Skeksis decide who gets to be emperor by who could put the largest dent in a solid stone with the swing of a sword.

    General: Chamberlain! I challenge!
    Chamberlain: Trial by stone.
    General: Trial by stone!

    General, in a rush of massive anger, swings and chops the stone in half, becoming the emperor.

    Linus, Darl, It is time to pick up
      • Im getting very tired of this whole SCO thing. As such, I propose that this be solved via the famous "Trial By Stone," designed by Jim Henson.

        In the movie "The Dark Crystal" The Skeksis decide who gets to be emperor by who could put the largest dent in a solid stone with the swing of a sword.

      Ahh darn, I was hoping you meant drop a large stone, or throw lots of small ones on/at Darl. :)

    • Trial By Stone (Score:5, Funny)

      by AtariAmarok ( 451306 ) on Thursday April 29, 2004 @01:46PM (#9009280)

      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

    • Linus, Darl, It is time to pick up your swords and swing.

      If the world of computer technology is "the stone", then Linus has already cleaved it with a sword made of software.

  • Oh really now? (Score:4, Funny)

    by WwWonka ( 545303 ) on Thursday April 29, 2004 @01:34PM (#9009109)
    DaimlerChrysler has told SCO where it can stick its lawsuit.

    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
    • Once the Babelfish people get that Lawyerese-to-English translator working you'll see that this is exactly what they did. Lawyers just take longer to say things like this because they get paid, very handsomely, by the word.

  • The REAL news in the techworld article... (Score:3, Funny)

    by aelbric ( 145391 ) on Thursday April 29, 2004 @01:41PM (#9009207)
    Look at the bottom. The last sentance reads "SCO declined to comment"

    I never thought Daryl would shut up.

  • Disable their vehicles (Score:3, Funny)

    by jtownatpunk.net ( 245670 ) on Thursday April 29, 2004 @01:42PM (#9009224)
    Does DaimlerChrysler have some sort of OnStar system in their cars? If so, they should remotely disable all vehicles registered to SCO execs.

  • SCO + RIAA (Score:4, Funny)

    by superpulpsicle ( 533373 ) on Thursday April 29, 2004 @01:46PM (#9009281)
    If SCO and RIAA got together, they'd have the highest expense of lawyers while offering no service or product to the public.

    I thought M$ had good lawyers, man these two companies can sue any one of any status.

  • SCO (Score:2, Funny)

    by Niles_Stonne ( 105949 )

    Go To Your Room!

  • Methinks they're running out of gas (Score:3, Interesting)

    by dacarr ( 562277 ) on Thursday April 29, 2004 @01:52PM (#9009346) Homepage Journal
    In watching the whole debacle going on with SCO, it concerns me that, in the end, beating SCO back down with the brickbat of the law has been little more than an uninteresting problem. Enough resource applied to the problem and it just kind of goes away.

  • why doesn't SCO just die ... (Score:4, Informative)

    by drizst 'n drat ( 725458 ) on Thursday April 29, 2004 @01:53PM (#9009360)
    SCO's stock [cnn.com] has been taking a pounding lately and as of now (1352 EST is under $6.50 a share. If you follow the trend .. they are slowly but surely crashing. Now the question is going to be ... when?
    • When is a good question. I keep asking that myself.

      I figure it's actually worth about $1.88, but it's clearly way over that and keeps staying there. I think people who are holding SCOX are just doing so on the off chance that they might actually win one of those lawsuits. It's pretty unlikely, but it's kind of like throwing something down there, and letting it all ride on 10 black..

  • "Unclean Hands" (Score:5, Informative)

    by Embedded Geek ( 532893 ) on Thursday April 29, 2004 @01:54PM (#9009385) Homepage
    I read the Groklaw summary and stumbled across the term "Unclean Hands" [law.com] in the list of defenses that DaimlerChrysler has put forth.

    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)

    by stienman ( 51024 ) <adavis@@@ubasics...com> on Thursday April 29, 2004 @01:59PM (#9009456) Homepage Journal
    Previously we reported that SCO was scraping the bottom of the barrel. We must now print a retraction:

    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)

    by Sebby ( 238625 ) on Thursday April 29, 2004 @02:05PM (#9009545)
    Why does everyone say that?

    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...

  • Boycott Daimler-Chrysler! (Score:2, Funny)

    by Anonymous Coward
    I am hereby calling for a boycott of this godless German corporation! How dare they attack the rights of an heroic American corporation like SCO?
  • Someone big like DC filing something to the effect of:

    Dear Judge for SCO v. [insert defendant name here]

    We have reveiwed SCO's claims and are fully confident in your ability to come to the right decision without us contantly bothering you with the obvious. We will be happy to appear if you request it, otherwise we look forward to hearing your ruling.

    Sincerely, [insert defendant name here]

    Ok, so it would never happen, but hey, they'd save a**loads of cash on lawyers, get a ton of free publicity

  • Press Release (Score:3, Funny)

    by Anonymous Coward on Thursday April 29, 2004 @04:04PM (#9011474)
    The SCO Group to sell Pre-loaded Unix PCs

    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.

Slashdot Top Deals

Our OS who art in CPU, UNIX be thy name. Thy programs run, thy syscalls done, In kernel as it is in user!

Close