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Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj | 428 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: Steve Martin on Sunday, June 16 2013 @ 07:45 AM EDT

I was just pointing out for the sake of accuracy that there was indeed one version of UnixWare on which TSG claimed copyright infringement.

As for the foreclosure argument, IANAL, but I'm not sure that's what it really says. There seems to be some wiggle room:

SCO believes that the Order would constitute a basis upon which the Court could dismiss SCO’s First, Second, Third, Fourth, Fifth or Eighth Causes of Action in its Second Amended Complaint. SCO is not voluntarily dismissing these claims, but acknowledges that the Court’s rulings with respect to Novell’s right to waive contract claims if applied to the IBM case would resolve these claims.

The phrase "would constitute a basis upon which the Court could dismiss" seems to me to cry out "yes, you could so rule if you really, really wanted to", rather than "yes, this claim is dead". It just seems to me to be a far cry from surrender. And in any case, since Judge Nuffer has asked for the parties to file this again, we will see soon enough if TSG holds this position.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | Parent | # ]

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