SCO Denied Motion To Change IBM Case Again

Rob writes "SCO Group Inc's attempt to change its legal case against IBM Corp for the third time has been denied by the judge, who has also set the two companies a deadline to present their respective evidence with specificity. Despite repeated public declarations that it has evidence Linux contains Unix code that infringes its copyright, SCO has yet to present any evidence to the court." Bad news for them all around, lately.

What!?

[ShaniaTwain]

Since when can you not change your case multiple times over the years? And since when do they have to show evidence? Isn't SCO's word good enough? This is a travesty! There is no justice!

Bad news all around

[frovingslosh]

Bad news all around

Not sure what planet Rob and Zonk are from, but to most of us this is good news.

Inverse vaporware

[jfengel]

It's a kind of weird inverse vaporware: the code exists, and runs, but you can't know where it is. Ordinary vaporware you know where it is (inside the offices at Duke Nukem Forever) but you have no idea what it looks like.

SCO what?

[Anonymous Coward]

SCO's new motto:

No evidence, no customers, no future.

(And the only way you can convince me that Daryl McBride isn't a worthless cunt is by providing a signed statement from a gynacologist)

Press Release

[pjrc]

SCO Group, The True Owners of all Unix Intellectual Property, announced today that they were pleased with Judge Kimball's ruling. CEO Darl McBride apeared upbeat, commenting "This new ruling will allow us to focus on IBM's illegal misconduct and hasten the resolution of our intellectual property claims".

Company spokesperson Blake Stonewell took a more conservative posture. "Of course we would have prefered to present recently discovered new evidence of IBM's further misappropriation of our intellectual property to the Power architecture". Stonewell further added "this ruling is actually a major victory for us. IBM has consistently resisted any depositions of upper management, who orchestrated the wholesale theft of our code and trade secrets for inclusion in the derivitive linux kernel".

Bert Young, Chief Financial Officer of the SCO Group said "we are pleased by the now definitive revised schedule", and added "because legal fees have been capped for the duration of this trail and any appeals, we believe now concentrating on this already well establish course of action will best serve SCO's shareholders. We look forward to the final resolution of this suit, and the opportunity to expand our SCOsource licensing revenue."

About SCO

The SCO Group, Inc. (Nasdaq: SCOX) helps millions of customers to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of thousands of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit www.sco.com.

SCO, and the associated SCO logo, are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group. All other brand or product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

This news release contains forward-looking statements that involve risks, uncertainties and assumptions. All statements other than statements of historical fact are statements that could be deemed forward-looking statements. These statements are based on management's current expectations and are subject to uncertainty and changes in circumstances. Actual results may vary materially from the expectations contained herein. The forward-looking statements contained herein include statements about the consummation of the transaction with SCO and benefits of the pending transaction with SCO. Factors that could cause actual results to differ materially from those described herein include the inability to obtain regulatory approvals and the inability to successfully integrate the SCO business. GNAA is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements, whether as a result of new information, future events or otherwise.

Well, see, here is the prob

[bosewicht]

SCO: Sorry Judge, we have the proof, but see it's on a WinFS computer right now, and see we kinda need more time. Cuz well, the computer is really far away see, and I tried to put it on this usb stick, but the computers here, close by, can't read WinFS yet. See? So we are going to kinda have to postpone this thingy until Longhorn....errr, I mean MS releases the WinFS updates. But in the meantime, can we kinda change our arguments, then we can come back to this later?

In other news:

[Anonymous Coward]

A woman astrologer in former Soviet Russia is suing SCO for giving the lawsuit game a bad image.

Re:Bad news? Why?

[Sloppy]

Ok, why exactly is this bad news?

Because I spent my lunch money today on a thousand shares of SCO! If the case has to proceed as planned instead of dragging on further, I can kiss that $8.51 goodbye. I shoulda had the burrito plate instead. What was I thinking?!

Sorry, Tears for Fears

[Dark Coder]

Short!
Short!
Let it ride out
These are the things you can do without
Come on
I'm shorting on you
Come on

In crapping times
You shouldn't have to pump up your stocks
In up and downs
We really ought to know
Those one track minds
That took you for a sucker boy
Kiss your ass goodbye

We shouldn't have to jump for joy
but we will defintely will short your joy

(Chorus)

Unix gave you life
And in return you gave them hell
As cold as ice
I hope you live to tell the tale
I hope you live to tell the tale

(Chorus)

And when you've think you've got it locked
IBM could wear you down
We really love to break your heart
We really love to break your heart

(Chorus)

Re:Bad news all around

[Kierthos]

Yes, and originally it said "Bad news all around". They updated it. Because it was, you know, confusing and shit.

Kierthos

Re:Why is their stock nonzero?

[Anonymous Coward]

Where is the "+2 Evil" mod when you need it?

Re:Bad news? Why?

[ThisIsFred]

I shoulda had the burrito plate instead. What was I thinking?!

Apparently, you subconsciously established their equivalence: Either choice results in an irritating asshole. Unfortuntely, the one you've chosen won't go away until 2007.

Well, we've established that relationship. What I want to know is when are they going to find the burrito in the SCO case?

Re:Inverse vaporware

[ThisIsFred]

Welcome to the strange world of Quantum Intellectual Property Infringment. Consider yourself introduced to the McBride Uncertainty Principle, whereby you may know the exact speed at which SCO's claims are changing, or you may know the exact location of the (currently) infringing property, but you cannot determine both with any precision. The harder the courts look, the more difficult they are making it to find. The courts cannot decide without both a claim and its matching proof, so this is not the path to resolution. The court's only hope is to measure the validity of a quanta of infringement claims, and make a single decision that acts on all of them.

Chinese solution: change group name

[panurge]

It's clear that the name of the holding group (Can o' pee) is unlucky and affecting the court case. To change the bad luck they need to change it to something with better resonances. The Can o' worms Group?