Yesterrday, the judge in the SCO vs IBM lawsuit refused to dismiss it, but still took it to SCO for failing to produce the evidence they have been claiming to have.
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."
The opinion bodes poorly for SCO, intellectual property attorneys agreed.
"Based on the scathing language of the ruling, it appears that SCO just barely dodged a possible knockout punch in this round," said Carr & Ferrell attorney John Ferrell. "There's very little that can be more disastrous to your case than an angry federal judge."From Judge slams SCO's lack of evidence against IBM | Tech News on ZDNet
Referenced Fri Feb 11 2005 08:01:59 GMT-0700