30 June 2006

SCOing, SCOing, SCOne

IANAL, but it seems to me that this judgement, lovingly typed in by Pamela Jones at Groklaw, is a pretty serious blow to SCO's case against IBM. And it wasn't looking very healthy before.

The real killer seems to me to be the following passage, brilliant and witty at the same time:

SCO’s arguments are akin to SCO telling IBM sorry we are not going to tell you what you did wrong because you already know. SCO received substantial code from IBM pursuant to the court’s orders as mentioned supra. Further, SCO brought this action against IBM and under the Federal Rules, and the court’s orders, SCO was required to disclose in detail what it feels IBM misappropriated. Given the amount of code that SCO has received in discovery the court finds it inexcusable that SCO is in essence still not placing all the details on the table. Certainly if an individual was stopped and accused of shoplifting after walking out of Neiman Marcus they would expect to be eventually told what they allegedly stole. It would be absurd for an officer to tell the accused that “you know what you stole I’m not telling.” Or, to simply hand the accused individual a catalog of Neiman Marcus’ entire inventory and say “its in there somewhere, you figure it out.”

Hard to believe that people were seriously talking about the SCO lawsuit as the end of Openness As We Know It.

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