Existence of evidence doesn't matter
Message ID: 241351
Posted By: oojika1
Posted On: 2005-03-01 01:36:00
Subject: Existence of evidence doesn't matter
Recs: 0
By now, SCO's case is a complete bust. Even if SCO somehow manages to come up with some infringing code, it cannot affect the outcome of any copyright claims. That's rather important, so I'd like to say it again a little louder.
EVEN IF SCO SOMEHOW MANAGES TO COME UP WITH SOME INFRINGING CODE, IT CANNOT AFFECT THE OUTCOME OF ANY COPYRIGHT CLAIMS.
For two reasons:
1. If and when any infringing code is revealed, it will be removed from Linux forever. Linux programmers are waiting to do exactly that. It will be removed within minutes, hours, days, or weeks, depending on how much code is identified.
2. In order to be awarded damaged in a case like this, the plaintiff must make an effort to mitigate those damages. In refusing to do this, SCO has forfeited its right to any damages.
Whether it actually produces any offending code or not, it's a bit surprising that Darl and his accomplices haven't been slapped with contempt of court for defying court orders.
I don't believe this started out as a stock scam. I think it started out as an attempt to get IBM to buy a worthless company. Once that failed and the stock price was inflated way above its true value, it turned into a stock scam.
SCO's latest attempt to amend its complaint is really just another attempt at delay. Even if they somehow manage to avoid the summary judgments, these cases will not reach trial. SCO is rapidly running out of money. Once that happens, SCO will have to settle all of its barratry out of court and on their opponents' terms.
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The text of this Yahoo Message Board post has been licensed for
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Posted By: oojika1
Posted On: 2005-03-01 01:36:00
Subject: Existence of evidence doesn't matter
Recs: 0
By now, SCO's case is a complete bust. Even if SCO somehow manages to come up with some infringing code, it cannot affect the outcome of any copyright claims. That's rather important, so I'd like to say it again a little louder.
EVEN IF SCO SOMEHOW MANAGES TO COME UP WITH SOME INFRINGING CODE, IT CANNOT AFFECT THE OUTCOME OF ANY COPYRIGHT CLAIMS.
For two reasons:
1. If and when any infringing code is revealed, it will be removed from Linux forever. Linux programmers are waiting to do exactly that. It will be removed within minutes, hours, days, or weeks, depending on how much code is identified.
2. In order to be awarded damaged in a case like this, the plaintiff must make an effort to mitigate those damages. In refusing to do this, SCO has forfeited its right to any damages.
Whether it actually produces any offending code or not, it's a bit surprising that Darl and his accomplices haven't been slapped with contempt of court for defying court orders.
I don't believe this started out as a stock scam. I think it started out as an attempt to get IBM to buy a worthless company. Once that failed and the stock price was inflated way above its true value, it turned into a stock scam.
SCO's latest attempt to amend its complaint is really just another attempt at delay. Even if they somehow manage to avoid the summary judgments, these cases will not reach trial. SCO is rapidly running out of money. Once that happens, SCO will have to settle all of its barratry out of court and on their opponents' terms.
------------------------------------------------------------
The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "oojika1"
under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
------------------------------------------------------------