Scott:
>> In only takes *one* claim to "win." <<
What you didn't mention is that IBM has numerous counterclaims.
And, that most of the evidence and most parts of the experts reports submitted by SCOX have been thrown out the the administrative judge. Their case has pretty much been gutted.
Not to mention that Novell seems to be doing pretty well in their
case with SCOX. That case is the immediate danger for the continued existence of SCOX. If Judge Kimball grants Novell's motion for a preliminary injunction to set aside funds, it would mean instant bankruptcy for SCOX.
>> The key that most people do not remember is that there is a "breach of contract" issue at the core of this ... the Linux code was the evidence of this. There are still a number of other ways that they can attempt to prove the breach occurred ... and if it did, then IBM has been selling/shipping UNIX in breach, and damages could be awarded. <<
SCOX's evidence of this is remarkable -- remarkably weak. Total crap, in fact. They have been talking about Linux code illegally contributed, but failed to point out any actual lines of code.
As for IBM shipping AIX, Novell waived SCOX's alleged breach of contract on this. In fact, SCOX is only a license fee collector
for Novell, or as Novell claims, SCOX doesn't actually own any UNIX copyrights. It's still a matter of contention
whether there are any viable UNIX copyright left after the USL/BSD settlement.
Kindly do your homework, Scott. |
