Re: [Gnu-arch-users] [OT] SCO vs. the world

[Andrew Suffield]

On Fri, Aug 15, 2003 at 08:19:17PM -0700, Tom Lord wrote:
> Am I the only one who thinks SCO might actually have a pretty good
> case here?

As far as most of the world is concerned, they don't _have_ a case,
because they've refused to make one. They have, however, managed to
sell nothing to a few people - an ancient and respected trade in the
US.

There's only a contract (not copyright) suit against IBM, and IBMs
counter-suits are compelling - SCO have waited too long to take this
to court (under the doctrine of laches you can't knowingly delay a
lawsuit in order to increase the damages, and the statute of
limitations imposes an upper time limit anyway; IBM say both of these
have expired), don't appear to have a cause of action ("We're winding
up the company and want to extract money from some of our old
contracts" is not a cause of action), and haven't provided IBM with
any way to mitigate damages (in a lawsuit like this, your objective is
supposed to be getting the other party to cease their offending
actions; SCO won't say what those are, so IBM can't, and there are
laws about that sort of stuff too).

All that can and probably will change when they actually get into
court, but right now SCO's case seems pretty limp to me.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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