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SCO and Red Hat Stipulate to Extend Time to Answer
Tuesday, August 26 2003 @ 12:04 PM EDT

A check with the courthouse indicates that both sides have agreed to allow SCO more time to answer Red Hat's Complaint. The Answer was due yesterday, but they've agreed to extend the time. This is very normal in a court case. Unfortunately, Delaware doesn't seem to be offering digital copies of the documents, unlike Utah's courts. But the page lists the following:

"8/26/03 STIPULATION to extend time for dfts to respond to complaint; with proposed order (ft)"


  


SCO and Red Hat Stipulate to Extend Time to Answer | 14 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 05:28 AM EDT
SCO-scum bragged that they "defeated" Novell in four days when they asserted their right to their UNIX V R4 copyright. On the other hand, they have not come up with an official, written response on the merits of either IBM's or RH's countersuits on their merits - and the days of non-response are turning into weeks. Their request for extra time to respond to the RH lawsuit for within this pattern, and of course this request was filed very quietly. To date, they apparently have failed to put up either IBM's or RH's countersuit on their web site: either they are doing the equivalent of closing their eyes and wishing them away, or they are confident(?) that they can negotiate IBM and RH out of dropping their countersuits.

I understand from that single article that SCO-scum has started to send invoices to end users, but that article has not been confirmed either by SCO-scum, any of the end users or the anyone else in the rag trade press: if SCO-scum is indeed sending these invoices, they are doing so within a vastly different context than even a few weeks ago because their credidibility assuming there was any in the first place is pretty much shot. In fact, the public record of their pronouncements shows such a pattern of lies, distortions, omissions and contradictions that any of the end users could point to that record in court and argue that SCO-scum's allegation of IP infringement cannot be trusted and that SCO-scum must be be required to substantiate its allegation that it took place by successfully suing everyone of its licensees - The advantage of this legal strategy is that SCO-scum demotivates everyone from licensing anything with it ever again. IANAL, of course.


blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:15 AM EDT
what is interesting is the fact that Novell has come out with another statement
which leads me to think that Novell just got in touch with IBM and decided they
would attack that way maybe to avoid legal bills?
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:33 AM EDT
brenda, do you have a link to that statement?
Dr Stupid

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:35 AM EDT
http ://www.computerworld.com.au/index.php?id=1725366517&fp=16&fpid=0

here ya go


brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:36 AM EDT
sorry for posting again it is basically Novell saying put up or shut up style="height: 2px; width: 20%; margin-left: 0px; margin-right: auto;">brenda
banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:42 AM EDT
my yahoo site for scox trades lists no activity for today
is this true?
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 06:55 AM EDT
Brenda -
Market opens at 10AM EDT or EST (whatever NY is using today). style="height: 2px; width: 20%; margin-left: 0px; margin-right: auto;">Tsu Dho
Nimh

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 07:01 AM EDT
sigh my power outage yesterday must have messed my computer time up
thanks for the head up
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 07:25 AM EDT
Why would Redhat agree to the extension? Is it pretty much the done thing? What I'm looking for is why they didn't just tell them "you snooze, you lose, bozos", and I expect there's a good answer, just that I obviously don't know anything about law.
David Welton

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 08:17 AM EDT
Isnt SCO's response to IBM due today. If I recall correctly IBM countersued 2
days after Redhat filed. If so we could probably expect a request for an
extention in that case as well.
fava

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 09:17 AM EDT
fava: in this case, so much for SCO-scum's assertion that they want the court
cases resolved as quickly as possible. No surprise there.
blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 09:21 AM EDT
" Why would Redhat agree to the extension? Is it pretty much the done thing?

AFAIK, the first extension is a done deal ... after that the other side's lawyers can start objecting on the gournds that the other guy is stalling.


Tsu Dho Nimh

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 10:12 AM EDT
David, Tsu, in my experience, it's a matter of courtesy. After all, you may
need the same favor down the road, as IBM did in its answer, if you recall.
Sometimes, because lawyers usually have more than one client, with sometimes
conflicting demands on your time, not to mention judges assigning dates for
certain things to happen, that you just can't do everything. So it's certainly
not unusual to agree to an extension. If Red Hat refused, then the judge would
likely grant it anyway. It really doesn't mean much, IMO. There is no
arbitrary "You get one but no more" extensions. It's based on the
circumstances. But a lawsuit is a long and complex thing, so courtesy is normal
on both sides, as far as the lawyers are concerned. It's a tradition. I
personally think it is a good thing. Whenever I've seen lawyers act
discourteously, it just makes the whole process not work well, and a lot of
unnecessary waste of time and money and effort goes into resolving an issue that
isn't even central to anything that matters. If I found myself working for such
an attorney, I'd quit.
pj

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Wednesday, August 27 2003 @ 01:56 PM EDT
anyone know how long an extension sco got?
brenda banks

[ Reply to This | # ]

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