Just to let you know that the scheduled hearing in SCO v. IBM set for December 9 is officially no longer on the calendar for that day and has not yet been rescheduled. I gather the 56(f) Motion that SCO filed at the very last minute has had what I presume was its desired effect, further delay, so that the motion can be fully briefed first. This is the big hearing, on IBM's Motion for Partial Summary Judgment on 8th Counterclaim (Copyright Infringement), the one about the GPL, and IBM's Motion for Partial Summary Judgment on Breach of Contract Claims. SCO claims it needs to pursue its fantasy about IBM "hacking" its website before it can possibly argue these motions before the judge, don't you know, and do a bunch of other depositions it didn't do right the first time, and things like that. Here's hoping Judge Kimball and Judge Wells read the fascinating document DaimlerChrysler recently filed in Michigan, in which it alleged SCO was attempting to game the system by seeking, unsuccessfully, a delay in *that* case. As I recall, SCO filed a last minute motion just before the last SCO v. IBM hearing too. This could get old fast.
Here's the Pacer entry on what was originally scheduled, just so you can keep it all straight:
262-2 Filed: 08/27/04; Entered: 08/27/04
Docket Text: Notice of Hearing filed : Motion hearing set for 2:30 12/9/04 for [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), set for 2:30 12/9/04 for [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) To be held before Judge Kimball cc:atty ( Ntc generated by: KJ)
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