Red Hat waiting for IBM
Red Hat waiting for IBM
Posted Mar 11, 2010 1:44 UTC (Thu) by jeleinweber (subscriber, #8326)In reply to: Red Hat waiting for IBM by dmarti
Parent article: Meanwhile, back in Utah...
Given that SCO originally lost to Novell in the bench trial, it's not terribly likely that a partial do-over in front of a jury will produce a different result - they don't have any new evidence to present.
For SCO to get a big win from IBM, they have to improbably convince a series of courts, arbitrators, and juries that:
a) the Santa Cruz contract with Novell transfered copyrights in spite of explicit clauses excluding them and lack of a legally required written list of which ones would be involved - under California law, which is very particular about copyright transfers due to many cases from Hollywood
b) another contract clause allowing Novell to waive claims against IBM should somehow be ignored
c) the copyright assignments and waivers in the UnitedLinux contract Caldera signed should be ignored
d) SCO distributing the stuff it is complaining about under the GPL should be ignored
e) the fact that after applying standard software copyright case rules (abstract-filtration-comparison test, scene-a-faire, public domain, compliance with published standards, SCO's own donations, ...) SCO will have no infringed materials
f) SCO's damages from SCO's weak claims are somehow much larger than IBM's damages from IBM's strong counterclaims
Linux users who aren't fascinated by our legal system can probably just relax and ignore the whole thing.
Posted Mar 16, 2010 1:31 UTC (Tue)
by golding (guest, #32795)
[Link]
Jurors who don't know any tech stuff
any tech knowledge, so what they decide may well depend on what side bamboozles them the most with double-speak.
