SCO Finally Shows its Legal Strategy Going Forward ~pj
Groklaw 2013-06-26
Summary:
SCO was ordered by the judge, the Hon. David Nuffer, to tell him what claims it believes survived SCO's massive loss to Novell, in order to go forward in SCO v. IBM, and it has now done so.
Thanks to the judge's order, we finally learn what SCO has in mind, and I've emphasized part of it:
The Novell judgment has no bearing on the following claims, which therefore remain ripe for adjudication: SCO's Unfair Competition claim (Count VI) concerning the Project Monterey joint venture; SCO's Interference with Contract claim (Count VII), which (among other things) alleges that IBM interfered with contracts pursuant to which SCO licensed post-1995 UNIX products to third parties; and SCO's claim for Interference with Business Relationships (Count IX), which alleges that IBM interfered with SCO's market position and business relationships.All right, SCO is saying, we don't have the copyrights. But we had contracts. The "among other things" means they have more in mind they don't wish to tell us about yet, as is SCO's wont. It's about post-1995 SCO products and Project Monterey and IBM allegedly turning folks against SCO. Like they needed to turn anyone away from SCO. When a company shoots itself in the foot by suing its own customers right and left, it tends to create an atmosphere of alarm and distrust, resulting in others putting space between them and the foot-shooter.
IBM gets to respond next, and I expect them to say that SCO has zero claims left standing. And then we'll get to IBM's counterclaims, at last. Here's a chart of all the summary judgment motions left hanging when SCO filed for bankruptcy protection.