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.
Permalink for comment
To read all comments associated with this story, please click here.
@Roberto
by Jud on Sun 7th Dec 2003 05:20 UTC

Whew, where to begin?

First, re disclosure of proprietary code: If it's in the kernel it's already been disclosed, and you can't destroy confidentiality that was already lost.

Second: a small procedure that can't be screwed up? If it was so small, then why did SCO waste the court's time with its objections rather than simply turning over the material IBM requested? Judges *do not like* having their time wasted - take it from someone who was a law clerk to a Federal judge. Actually, you are correct in one sense - any lawyer would have been hard pressed to make SCO's case that IBM had to respond regarding its alleged misconduct before SCO told IBM and the judge just what that alleged misconduct was, so why not send Darl's bro in to take the hit for this sure loser?

"It's a type of test that law firms give new employees." Umm, sure, a law firm is always eager to have judges realize that the firm has so little regard for the judge that they send bad and inexperienced lawyers to the judge's courtroom to screw things up and waste his time as a sort of test. In turn, having federal judges hate you is obviously a great way to ensure that lots of clients will trust your firm with their multimillion-dollar cases, and that your firm will grow and prosper.... IOW, Roberto, no law firm would do such a thing on purpose - it would be financial suicide for the firm. Law firms spend as much time as they can getting judges - especially federal judges, who are appointed for life - to *like* them.