January 15, 2004

SCO Lawsuit Death Clock II

Groklaw is carrying SCO's most recent response to IBM's motion to compel discovery. The clock ran out and the short version of the story is that they have not turned over any specific code to IBM that infringes on SCO's rights according to SCO's construction of the case. At this point, the groklaw community is debating whether IBM will file for a motion to dismiss now or wait a bit more so that SCO's lawsuit will be dismissed with prejudice (ie can't be refiled as a practical matter).

Essentially, the major excuse for not producing documents on time is that the outside directors were unreachable due to the Christmas holidays. I'm all for Christmas and keeping the spirit of the holidays but if I was on a corporate board and the major chance the company had of surviving depended on my being available to answer questions, I'd make myself available and would consider any director who did not liable to damages for not living up to their duties as directors.

The bottom line is that the response is a joke, and an expensive joke for the computer industry. It's FUD on a massive scale that is holding back Microsoft's most significant server side challenge in the x86 OS market, what a waste.

Posted by TMLutas at January 15, 2004 11:53 PM