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IBM Files New Motions to Get SCO Suit Toss Out

IBM Files New Motions to Get SCO Suit Toss Out

IBM filed three, count 'em, three new motions Tuesday asking the district court in Utah to throw out SCO's suit because SCO failed to substantiate its copyright infringement allegations.

IBM told the court that "Despite the fact that SCO has been claiming for months that IBM's Linux activities infringe SCO's copyrights, despite the fact that SCO has sued IBM for copyright infringement with respect to IBM's Linux activities, and despite the fact that SCO has twice certified that it has produced the evidence it was ordered by the court to provide regarding its claim, SCO still fails to adduce the basic evidence necessary to support its copyright assertions."

IBM concedes that SCO had identified parts of Linux it claims rights to but alleges it failed to show how IBM infringed SCO's supposed Unix copyrights.

SCO's contract claims weren't an issue in the new motions, but IBM's lawyers indicated that they planned to move for summary judgment on those claims as well.

SCO did not respond to a request for comment by press time.

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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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Most Recent Comments
coredump11 05/21/04 03:43:40 PM EDT

Where did you get this "three, count 'em, three?" I counted, and there's only one.

There were six filings by IBM on Tuesday. Only one of them was a motion for partial summary judgment. Two were memoranda (one in support of IBM's motion and one in opposition to an earlier SCO's motion), and three were declarations by IBM lawyers in support of the motion.

Bob 05/21/04 03:29:20 PM EDT

The moment of truth is arriving not just for SCO, but for the many gullible analysts and reporters who fell for this "Raelian Clone" grade hoax. By doing so they assisted some fairly serious fraudsters in hurting a lot of innocent people.

This episode was not the high point of trade journalism, and I hope at least some people learn from the mistake.