The Vault

Chris Mellor

Microsoft's poodle about to be scalped

Groklaw reports that SCO has filed its response to IBM's big win in the SCO legal case against IBM for donating SCO-owned code to Linux and other deserving operating systems.

Groklaw thinks that the SCO case is going to be shown to be without any foundation at all, writing "we know it's poppycock."

Groklaw also says that SCO is running out of money for its legal expenses and is suggesting that IBM's successful legal strategy has confounded SCO's case and shown that SCO doesn't have a proper case to make.

Say SCO actually does have to own up to losing the case and wasting thirty million bucks or more of its cash on a no-hope lawsuit; will CEO Darl McBride resign? Will Microsoft come clean about its backing of SCO for the purpose of putting indirect pressure on Linux users and prospective users?

What will SCO customers and partners think of the company, once its lawsuit is shown to be baseless?

Will IBM look to recover its legal costs from SCO for what it has called a frivolous and baseless suit? It might think it has a duty to its shareholders to do so. The shareholders would probably agree.

The company might look to be compensated up to what? Forty million? Fifty million? Whatever its legal costs were. Maybe some damages on top? The Santa Cruz Operation, seemingly Microsoft's poodle, is heading towards becoming a pretty sick puppy.

For SCO 2007 looks likely to be a year of reassessing what it is about as a company and what its business is really about. It may, literally, be a make or break year for SCO.

Tags: linux

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4 Comments | Add new commentReader Comments

i think, IBM have a court favor that it is not deserved, although this lawsuit might have Microsoft involve, it is still have something we have to be think fairly, why IBM can give free Unix code that many Unix company make their living in, Why the court suddenly, change to adopt IBM expert without consider SCO expert, I think, the court have to clean their own unfairness ruling, why the court is afraid the evidence leak to jury is bad the could defeat IBM, why not give a chance?

Posted by hoan

SCO is not and never was the Santa Cruz Operation -- it is Caldera, formerly a Linux distributor.

The original Santa Cruz Operation sold its UNIX business to Caldera, changed its name to Tarantella, and was eventually absorbed by Sun.

Caldera changed its name to The SCO Group in a largely successful effort to confuse everyone. Then it abandoned its Linux business and transformed itself into a litigation company with a fading UNIX business and a small portfolio of losing lawsuits.

Posted by mck9

hoan, for that argument to have any meaning SCO needs to have shown that IBM actually "gave" some code to Linux that SCO controlled. If true this claim would have been easy -- trivial! -- to document. That SCO hasn't made an honest effort to do so weighs heavily against them.

In common law countries like the US juries can only make decisions about the facts of a case -- decisions about the laws that might apply are made by the judges. Part of that determination is based on the information provided by the parties to the case during the period leading up to the trial; if the accusing party cannot provide evidence of their claims that meets the basic requirements of the applicable law, it's the judge's *responsibility* to discard that portion of the case, because there aren't enough facts in evidence for the jury to be able to make a decision. That's what's happening here.

Posted by Lazlo

I think the reassessment happened 4 years ago when McBride was hired to manage a intellectual property scam. Nothing SCO has done since has indicated any other business model. 2007 is not a make or break year for SCO, it's a break or break sooner year. Will it run out of cash before the Novell trial (if there is one) is the real question.

Posted by Don

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