".......In short, well into our third year of this litigation, SCO still
won't tell us what the case is about. IBM clearly isn't impressed with
the list and asks the court to toss out the 198 items, which is the bulk
of the list. Take a look at the chart IBM provides as Addendum B
attached to the Memorandum and to the Randall Davis Declaration and
you'll see what IBM is talking about. That's it, I hear you asking?
That's all there is? After years of discovery we thought would never
end, this is it? They have essentially nothing?
Why in the world would you seal a list of Linux files, which are already
out there, in public view? Maybe SCO filed under seal because they were
afraid we'd die laughing.
IBM, however, is not laughing. They are asking for sanctions for what
they call SCO's willful disobedience to the court's numerous discovery
orders. That's the best they call it. They say they think it adds up to
bad faith."
So I wonder if IBM will get/wants to have a bite at SOC's
jugular......looks like it.....add in if IBM is claiming bad faith now,
when SCOs case falls apart (lets assume this) how far is IBM going to go
to recover its losses and damage to its business?
3~4 years, 10s of millions lost in defending a case that is showing no
merit, indeed actual attempts to damage IBM's and others reputations.......
I think if it was me and I had gone this far, I'd go the whole hog at
the end of it and sue SCO for damages and losses.
My reasoning is it has gone beyond actual monitary value today, if IBM
pussy foots, lots of other fly by night fancy lawyers / patent holders
are going to try their hand, worst case they dont get anything........on
the other hand pursue SCO to the limits of the law and any other wood
lice are going to think twice beofre bringing out a wistful case........
regards
Thing
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