Judge slams SCO’s lack of evidence against IBM

“The federal judge overseeing the SCO Group’s suit against IBM regarding Unix and Linux has thwarted an IBM attempt to defang SCO’s claims, but he also voiced loud skepticism about SCO’s case.

IBM in 2004 sought a declaration that its Linux activities hadn’t violated SCO’s purported Unix copyrights, as SCO had claimed publicly and in its lawsuit. Although U.S. District Judge Dale Kimball didn’t grant that declaration–called a partial summary judgment–he sharply criticized SCO for not producing evidence for its case.

“Despite the vast disparity between SCO’s public accusations and its actual evidence–or complete lack thereof–and the resulting temptation to grant IBM’s motion, the court has determined that it would be premature to grant summary judgment,” Kimball wrote Wednesday. “Viewed against the backdrop of SCO’s plethora of public statements concerning IBM’s and others’ infringement of SCO’s purported copyrights to the Unix software, it is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO’s alleged copyrights through IBM’s Linux activities.” “

Full article: Judge slams SCO’s lack of evidence against IBM