What SCO Wants, SCO Gets (Forbes)
Posted Jun 19, 2003 1:43 UTC (Thu) by mvs
In reply to: What SCO Wants, SCO Gets (Forbes)
Parent article: What SCO Wants, SCO Gets (Forbes)
Skybunny said: "But, uh...what IF SCO wins? Seriously now. How many of us honestly consider the possibility that a judge may say: 'You know, I agree with SCO's interpretation of their patents. I'm instating an injunction right now. No selling AIX. And if SCO wishes to bar sales and distribution of Linux, I'm open to that idea too.' An injuction doesn't require a trial. If a judge believes SCO has a strong enough case, he can do exactly as SCO asks, and in days' time."
He's right about the possible downside, but one thing that judges consider very seriously when considering injunctions is the balance of harm that will accrue from the decision. One thing is for certain - an injunction against IBM and others would have a very large negative impact on them and possibly the broader community. On the other hand, failing to injunct them might have a minor negative effect on SCO (or even help them by continuing royalty income).
It would be hard to imagine a judge deciding in favour of an injunction of that kind. But then, I don't feel qualified to speak about judges in Utah...
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