October 27, 2003

SCO v. IBM Part Deux

When I wrote my original blog on this case, SCO had just sued IBM, but its legal strategy was puzzling: it started out
with its weakest claims and sued its strongest adversary.

Since that time, it has hired David Boies (defender of Napster and Al Gore) as its lawyer, yet its legal strategy continues to misfire: SCO recently
decided not to send out "invoices" to alleged violators of its rights (since it had yet to prove infringement, such invoices are rather premature) and
its lawyers just had to apologize to the Utah court for not reading all of IBM's filings: "The drafters of the first Motion for Enlargement worked
largely from faxed documents that were incomplete and did not contain the Addendum to IBM's Motion to Compel . . . The Addendum does provide the
requisite notice as to IBM's objections to SCO's responses. SCO apologizes to this Court for filing a motion deficient in that manner." This response
is the legal equivalent of forgetting to tie your shoes and then falling down in court. And SCO has yet to show the code that it claims is infringed
(except for several slides at a meeting).

Link: alwayson-network.com

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