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Other claims still exist | 279 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Other claims still exist
Authored by: Anonymous on Thursday, August 30 2012 @ 08:33 AM EDT
SCO still has claims against IBM for breach of contract regarding Project
Monterey. And, more importantly, IBM still has counterclaims against SCO, but in
a recent filing they said that as long as SCO was still in bankruptcy they would
not seek any monetary damages if the court would allow the trial to proceed.
They just want to clear their name, and get a ruling that SCO violated IBM's
copyrights by distributing code from Project Monterey because IBM had the right,
and did in fact execute that right, to terminate Project Monterey when Santa
Cruz sold the UNIX business to Caldera.

[ Reply to This | Parent | # ]

So SCO dies, but the lawsuits may live on?
Authored by: Steve Martin on Thursday, August 30 2012 @ 09:04 AM EDT

My memory is hazy, but I seem to recall that SCO's case against IBM was already severely constrained by Judge Kimball, which is why they declared bankruptcy the Friday before the case was to go to trial.

Close, but not spot on. The TSG v IBM case has yet to come even close to trial. The trial which was to begin the Monday after the TSG Chapter 11 filing was the trial in TSG v Novell, and was to determine the following:

  1. Were the Sun and Microsoft SCOsource licenses "SVRX licenses"?
  2. What portion of the Sun and Microsoft SCOsource license payments should have been payed to Novell?
  3. Did TSG have authority to enter into the Sun and Microsoft license agreements?

(from Judge Kimball's September 7, 2007 Order on Motions in Limine)

The SCO Group filed for bankruptcy protection one week later, on Friday September 14 2007.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | Parent | # ]

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