No New SCO Lawsuit Monday

The SCO Group is likely to announce losses Monday, but says there will be no new lawsuit against a Linux user.

The SCO Group, which has made controversial copyright and trade secret threats against Linux users, is likely to announce a loss for its fourth quarter in a conference call Monday, but won't announce the anticipated lawsuit against a Linux-using firm at the same time. "We won't be announcing lawsuits Monday," said SCO spokesperson Blake Stowell in a phone interview Friday.

Stowell said that The SCO Group is, however, likely to make a different announcement "Monday before the market opens". SCO attorney David Boies said that the company would sue a Linux user over copyright issues "within the next 90 days" on November 18th.

Attorney Daniel Ravicher, executive director of the new Public Patent Foundation, said that there are several reasons why SCO would be trying to get into a copyright infringement case with a new defendant at the same time it is trying to get out of a copyright infringement case with Red Hat. "For Red Hat, this is a bet the company case," Ravicher said. "If they sue someone else, they have room to negotiate."

Red Hat could not settle with SCO and stay in business, while end user firms could, he added. "You don't want to get into a fight with someone who has their back to the wall and knows there is no escape." SCO may also want the case "on their home court in Utah instead of out in Delaware where Red Hat filed," he added. It's still mysterious where any copyright claims would come from. "They have no copyright claims against IBM. It would be interesting to see how they justify copyright claims against anyone else," Ravicher said.

Don Marti is Editor in Chief of Linux Journal.



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Re: : No New SCO Lawsuit Monday

Anonymous's picture

Maybe it has something to do with Novell filing for copyrights on the same code, and the DMCA...

Re: : No New SCO Lawsuit Monday

Anonymous's picture

You should have started a new paragraph at the sentence beginning "SCO attorney David Boies said that the company would sue..." since that is obviously not directly connected with Stowell's quote.

Boies as a factor seems to have been diminished in several recent developments. Boies ability to speak for the SCO firm seems to have waned with the veto power recently given to the BayStar and RBC financiers pertaining to legal matters. Kevin McBride seems to be assigned the actual arguing of the IBM case, although it may be out of his actual area of expertise. Also, I think failing to mention the recent news of Boies's ethics violation troubles in Florida is an oversight, since that could impact his or his firm's continued participation in this case, or even continued representation of SCO.

New SCO Lawsuit? Novell applied for and received UNIX copyrights

Anonymous's picture


Re: : No New SCO Lawsuit Monday

Anonymous's picture

Greed is playing a big part in why sco stock still exists!? If you want to make a quick buck just wait for some bad news to hit for the next 2 days why the stock goes and sit back why Darl talks up the price...choose your time and then sell...wait again for the bad news...

This will be fine until the end Jan/Feb 2004...If they can't back up those claims...and it won't take long for IBM to nail this down...then you can watch SCO fall through the floor...not before Darl and Co. make a quick buck though...I have no sympathy for anyone who loses money with SCO at that time...

Going after a Linux user is just TALK to get the price up before 22 December...Look at the pattern over the half year!!! They have no grounds for copy right infringement!?

Where are your cards SCO...why not put them on the table?