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SCO Fails to Sue End User on Schedule

SCO Fails to Sue End User on Schedule

The SCO Group's self-imposed 90-day deadline to sue an end user for not paying its Linux tax has come and gone.

You can bet your bottom dollar that SCO didn't want to do anything to set the magistrate's teeth on edge before she decides whether SCO has given IBM enough proof that it's got a case and decides whether or not IBM should turn over all its various versions of AIX and Dynix to SCO, which claims that's where most of the evidence resides.

The magistrate has already expressed some irritation about the case being tried in the press, making SCO wary.

However, SCO's resolve to sue an end user is unchanged, and the magistrate didn't meet her own self-imposed deadline and is now running a week behind, and SCO is under a lot of pressure to do what it said it was going to do lest it appear toothless.

It could decide to throw caution to the wind and make its move at any second.

Meanwhile, Red Hat is complaining about the letters SCO sent to its customer Lehman Brothers.

It's trying to supplement its suit against SCO with three letters SCO sent to Lehman's CEO Richard Fuld, and chief of operations and technology Jonathan Beyman.

Two identical letters sent to the pair last month said, "If you fail to respond to our efforts to pursue a licensing arrangement, WE WILL TURN YOUR NAME OVER TO OUR OUTSIDE COUNSEL FOR CONSIDERATION OF LEGAL ACTION." The emphasis is original.

Lehman told SCO to take the problem to Red Hat and Red Hat claims the letters prove SCO is interfering with its business. It told the court it wants to show that SCO and its contentions are "an emperor without clothes" right away.

Lehman is believed to be one of many companies to get epistles from SCO.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at) or paperboy(at), and by phone at 516 759-7025. Twitter: @MaureenOGara

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