Microsoft's mixed report card

Microsoft's mixed report card

TOPICS: Tech Industry


Topic: Tech Industry

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  • Set it in stone.

    Let the concrete dry? Once and for all? No Way. The attempt to ammend means more complaints if they lose. If they win every contributor to linux would have a claim against them. SCO is going to kick and scream right to their lasp gasp. Yes I have jumped the gun on the decission in favor of IBM. The IP claim is just so ludacrise. I am a SCO share holder, I also use linux and have since it's beginning. After their silly claims, I would like SCO to close its doors and go away. BYE BYE SCO!
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  • Impossible?

    [i]It?s possible the case will be dismissed at that time. As a 2002 profile of Kimball for a bar newsletter noted, "he does not believe that delaying even a difficult ruling is fair to the parties."[/i]

    Maybe possible, but extremely unlikely. He's already denied two of IBM's motions for partial summary judgment and instructed the parties not to enter disposive motions until after close of discovery.

    He cited several Tenth Circuit precedents indicating that he's likely to be overturned on appeal for premature summary judgment, so a [i]sua sponte[/i] ruling at this point would be inconsistent, to say the least. Talk about begging to be overturned on appeal ...

    Nope, best settle in for a wait. The wine that I had set aside for a ruling on CC10 is getting past its best time, so I'll drink it soon and set another aside that's more likely to be worth drinking when the ruling actually comes down.
    Yagotta B. Kidding
    • Kimball covering his bets

      Kimball's comments on denying IBM's request for summary judgment said it would be inappropriate to grant prior to the end of discovery, but *implied* that unless SCO manages to come up with some evidence Real Soon Now, he'd be very willing to revisit the motion once discovery closed. The 21 Apr court date is SCO's attempt to broaden the case and extend discovery. IBM obviously opposes this and wants things brought to a conclusion.
  • A kind note from SCO...

    A note from a SCO spokesman today makes many of the same points made here, that Kimball won't rule this Thursday.

    However, he could limit discovery to topics in the original suit, or its more recent versions, topics where all the evidence to date goes against SCO, and refuse its attempts to steer toward topics where evidence is still not in (and thus could be found).

    Thanks to everyone here who helped set me straight. Everyone.