Linked by Eugenia Loli on Sat 6th Dec 2003 19:42 UTC, submitted by Tom Curtis
SCO, Caldera, Unixware IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.
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@TopSpeed
by Archie Steel on Sat 6th Dec 2003 23:15 UTC

during Friday's hearing SCO advised the court that the charges against IBM will soon be expanded to include specific copyright infractions.

Great, so they'll finally be showing that code, right? I mean, you can't claim a copyright infraction if you can't say what copyrighted materials were infringed upon.

Today was a tactical victory for IBM: both of its motions were granted, while both of SCO's motions were pushed back until January. Now SCO has to do what it has so far refused to do (even though that would have helped their case): identify the alleged stolen case.

Specifically, here is a list of what SCO must provide IBM with:

http://www.groklaw.net/article.php?story=20031206151020872

SCO CEO Darl McBride also penned an open letter

Which was incidentally ripped to shreds by Lawrence Lessig on his blog:

http://www.lessig.org/blog/archives/001611.shtml#001611

Someone should really clue Darl into the fact that the GPL is built on copyright law. It is entirely compatible with copyrights, in fact it requires it. He really doesn't get it - or he gets it but he's engaged in fallacious propaganda. He lies, in other words - just like he lies when he says that RedHat is opposed to "copyrights and patents": RedHat is against software patents, but it is in favor of copyrights all the way. These statements are well-recorded and will be one day held against him.

where he mentions the Supreme Court of the United States which is obviously an idication they will appeal any decision against them all the way to the highest court in the land.

That doesn't mean they'll get their appeal. SCO's case is so shaky that there's actually little chance of that. Well, first things first: they have to show the code or else it won't even go to trial.

Average Joe

It is not at all clear that IBM put Unix code into Linux. For it to be clear, SCO would have had to identify the code - something which they still haven't done. There's been plenty of chest-pounding in the media, but nothing real.

Lots of things have come up over the past few weeks, such as the various contributions to Linux by Caldera (now known as SCO) employees:

http://www.groklaw.net/article.php?story=20031130210334574
http://www.groklaw.net/article.php?story=2003120208500971

SCO's toast.