Sunday, August 19, 2007


8/19 SNR

So this is how the long, sordid SCO saga winds down: First a bang, and now the whimpering. You might've already seen Friday's Joint Status Report, in which SCO and Novell lay out the new landscape in the wake of Kimball's big ruling the previous Friday. There's still a lot of stuff they disagree on, which presumably still has to go to trial. But SCO concedes (or appears to concede) a couple of the key points. First, they don't seem to be disputing Unix copyright ownership anymore. And second, they concede that their claims against IBM, Autozone, etc., must be waived. So there isn't much left of their case against Novell, although Novell still has a bunch of live claims against SCO. And all that's left of the IBM case are those pesky IBM counterclaims. In particular, I'm crossing my fingers that Kimball doesn't decide CC10 is moot now. CC10, you may recall, is the one where IBM seeks a declaratory judgement that Linux doesn't infringe on SCO's precious IP rights. To my thinking that's the #1 issue left to be resolved, and I'm not 100% certain we'll get a definite resolution now. It would be a damn shame if we go through all this, and the bad guys still get to keep that accusation alive, just for the FUD value of it.

Kimball also laid out some more pretrial dates. So there'll be some additional filings to read soon. Probably nothing earthshaking, but possibly interesting for us non-lawyers, just to observe how all the procedures work.

I'm still not convinced SCO's given up on the litigation business entirely. More than likely they still have a few ridiculous delaying tactics up their slimy little sleeves. Nobody really believes SCO can change the overall outcome of the matter anymore, and a rational company might try to cut its losses at this point, but this is SCO we're talking about. Like most CEOs, Darl comes across as a guy who sees the world entirely in terms of sports metaphors, and it would be surprising if he's never once asked the legal team "What's our Hail Mary play?". If they were talented professionals (which is debatable), they somehow resisted the urge to roll their eyes at the client, at least not while he was looking.

Today's batch of assorted media coverage:

You're writing SCO off based on this? You must have missed the part where Bill Regehr from the Boys & Girls Clubs of America said that "someone will buy [SCO's] application set"! That's GOLD, baybee! Now, just because good ol' Bill "has yet to deploy any systems based on Linux" is no reason to ... aww, forget it.
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