On 4/6/06, <b class="gmail_sendername">Peter</b> <<a href="mailto:plp@actcom.co.il">plp-ysDPMY98cNQDDBjDh4tngg@public.gmane.org</a>> wrote:<div><span class="gmail_quote"></span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br>This is an unbelievable lawsuit. Just how long can they pull it on ?<br>Longer than the Bold and the Beautiful ? According to Slashdot IBM are<br>feeling that the lawsuit is Kafkaesque (with references to 'Der<br>Prozeß'). I already knew that. Is there some precedent to how long a
<br>lawsuit can be drawn out ?</blockquote><div><br>
</div></div>Well, there's always the USA v. IBM[1] suit .. launched
January 17, 1969, it went to trial May 19, 1975 and was ultimately
withdrawn January 8, 1982. That suit was one of the reasons that caused
IBM to license an operating system for their IBM PC, rather than
develop or buy one -- which suited young Bill Gates just fine. But I
digress.<br>
<br>
The SCO v. IBM case is, to me, a biased observer, a much more clear cut case than USA v. IBM.<br>
<br>
Lawyers aren't fans of lawsuits. They'd rather negotiate some kind of
settlement. I imagine that's what SCO thought would happen .. they'd
sue, haggle for a few months, then get the equivalent of half IBM's
annual budget for paper clips and be happily be on their way, probably
never imagining that it would go to trial.<br>
<br>
What SCO didn't count on was 1) a very active open source community
popping up and tracking the lawsuit[2] and generally tearing their
arguments to shreds and 2) a willing opponent not at all in the mood
for a settlement.<br>
<br>
Linux is providing IBM with lots of business -- and IBM doesn't want
anything to harm that business. So, it's a business decision to fight
this case. Anyway, they don't want companies to get into the habit of
suing them and getting piles of cash in a settlement. I expect IBM will
either win their case or SCO will collapse, making the case moot.<br>
<br>
I'm sure the community would prefer that SCO play the case out so we
could see what all the fuss was about, and whether there really ever
was any infringing code. But SCO's case depends on two legs, the other
of which is that SCO 'owns' UNIX. Only if both those legs hold does SCO
have a chance; if either one falls, the case falls. To me, neither of
those legs looks strong at all.<br>
<br>
In the meantime, we wait, and observe the twilight zone/parallel
universe that SCO's stock price seems to live in. Yes, I'm sure many of
us are impatient, but like Wiley E. Coyote falling through the air,
gravity will work its magic and SCO will eventually be a lovely cartoon
crater in the desert.<br><br clear="all">-- <br>Alex Beamish<br>Toronto, Ontario<br>
<br>
1. <a href="http://www.hagley.lib.de.us/1980.htm">http://www.hagley.lib.de.us/1980.htm</a><br>
2. <a href="http://www.groklaw.net/">http://www.groklaw.net/</a><br>