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Not so fast!! SCO Loses Motion to Dismiss Red Hat Complaint!
http://www.groklaw.net/ ^ | 2004-04-06 | GROKLAW

Posted on 04/07/2004 2:36:39 PM PDT by N3WBI3

SCO's Motion to Dismiss has been denied in Delaware.

The judge has also stayed any further activity in the Red Hat case until after the IBM case in Utah is resolved, unless things get bogged down there. Both sides have to file a letter every 90 days letting her know how things are progressing in the IBM matter. The judge will lift the stay if things don't hop along in a reasonable fashion in Utah. Considering how long it took for this overworked judge to rule on this motion, I don't see the order as a delay at all. The big news is, SCO lost and, sooner or later, they must face the music with respect to Red Hat's charges. There is no escape now. And if they drag their heels in Utah, it can have consequences not only there but also in Delaware. The court records on Pacer tell the story, with documents to follow tomorrow:

(Excerpt) Read more at groklaw.net ...


TOPICS: Crime/Corruption; Miscellaneous
KEYWORDS: ibm; linux; redhat; sco
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1 posted on 04/07/2004 2:36:40 PM PDT by N3WBI3
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To: N3WBI3
Tell me more.
2 posted on 04/07/2004 2:39:24 PM PDT by Marylander
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To: All
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3 posted on 04/07/2004 2:39:33 PM PDT by Support Free Republic (Freepers post from sun to sun, but a fundraiser bot's work is never done.)
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To: N3WBI3; Golden Eagle
I'd like to hear GE's 'take' on this . . . he's been oddly silent on the topic lately, after making such loud predictions early in the case.
4 posted on 04/07/2004 2:40:59 PM PDT by Dominic Harr
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To: N3WBI3
Groklaw posts it's content under a creative commons license. As long as you reprint the copyright info at the bottom of the page, you may legally reprint the entire article here.
SCO Loses Motion to Dismiss Red Hat Complaint!
Tuesday, April 06 2004 @ 10:00 PM EDT

SCO's Motion to Dismiss has been denied in Delaware.

The judge has also stayed any further activity in the Red Hat case until after the IBM case in Utah is resolved, unless things get bogged down there. Both sides have to file a letter every 90 days letting her know how things are progressing in the IBM matter. The judge will lift the stay if things don't hop along in a reasonable fashion in Utah. Considering how long it took for this overworked judge to rule on this motion, I don't see the order as a delay at all. The big news is, SCO lost and, sooner or later, they must face the music with respect to Red Hat's charges. There is no escape now. And if they drag their heels in Utah, it can have consequences not only there but also in Delaware. The court records on Pacer tell the story, with documents to follow tomorrow:

4/6/04 34 MEMORANDUM ORDER denying [8-1] motion to Dismiss; case is stayed pending resolution of Utah litigation between SCO and IBM; parties shall each submit a letter every 90 days as to the status of the Utah litigation; if the Utah litigation is not proceeding in an orderly and efficient fashion the court may reconsider the stay ( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) [Edit date 04/06/04]

4/6/04 -- Per Court's Order of 4/6/04 the following motions are moot:
mooting [30-1] motion To Supplement the Record, mooting [17-1] motion For Enlargment of Time to Respond to Pltf's First Set of Interrogatories and First Request for Production of Documents and Things, mooting [15-1] motion to Stay Discovery Pending Resolution of Motion to Dismiss (rd)



You can find all the motions that have been mooted on our Legal Docs page, along with the complete record of all the motions and responding documents.

The basic overview is this: Red Hat's Complaint, which is the document SCO tried to dismiss, was answered by SCO with a Motion to Dismiss. Then Red Hat amended its brief.

This was followed by a series of motions, which are the ones the judge has mooted:

For convenience, I am reproducing the Red Hat section from the Legal Docs page here:

Red Hat v SCO
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5 posted on 04/07/2004 2:44:46 PM PDT by shadowman99
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To: N3WBI3
I don't see the basis for this summary. SCO lost their move to dismiss - small news, small loss. Red Hat hasn't gained progress on their suit to get SCO to cease and desist maligning Red Hat and Linux.

Seems overall neutral to me.

6 posted on 04/07/2004 2:49:13 PM PDT by ThePythonicCow (Defeat J Frondeur Kerry)
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To: ThePythonicCow
The news is that if SCO loses to IBM they will be taken to the cleaners by Redhat, and now that SCO has come out and pushed so hard that this is about a contract dispute even if they win they will still have to fight RedHat.

Also if SCO continues to stall IBM (or IBM stalls SCO) the judge may lift the stay and SCO will be fighting on two fronts..

7 posted on 04/07/2004 2:52:23 PM PDT by N3WBI3
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To: N3WBI3
Ah - so to put it another way - the news is that SCO has no chance of an independent victory in this Red Hat case. They have to win against IBM first, and since that won't happen, they are screwed. Ok.
8 posted on 04/07/2004 2:57:16 PM PDT by ThePythonicCow (Defeat J Frondeur Kerry)
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To: ThePythonicCow
Yes because if SCO is wrong about the IBM case they have been slandering Redhat for months..
9 posted on 04/07/2004 3:01:27 PM PDT by N3WBI3
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To: N3WBI3
Too bad SCO will be dead by the time Red Hat wins.

Hard to collect damages from a corpse, and not much satisfaction in getting a corpse to cease and desist much of anything.

10 posted on 04/07/2004 3:05:52 PM PDT by ThePythonicCow (Defeat J Frondeur Kerry)
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To: N3WBI3
Overall the ruling was a win for SCO, pure and simple. No one expected this case to be thrown out, these requests are purely procedural.

The actual big news here is that the Red Hat case has been put completely on hold until the IBM case is resolved, or as late as 2006. This is a slap in the face to Red Hat, since their actual reason for suing SCO was to put an end to SCO's public statements against Linux, which can now continue for probably the next year or two. On the bright side for Red Hat, maybe their requests for donations to their legal fund might have chance to build up some by then.
11 posted on 04/07/2004 3:45:18 PM PDT by Golden Eagle
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To: Dominic Harr
I'd like to hear GE's 'take' on this . . . he's been oddly silent on the topic lately, after making such loud predictions early in the case.

My predictions have been simple, that SCO will get their day in court and has at least an equal if not better chance to win. That may seem bold to you, but only because of all the foaming at the mouth fanatics who have been declaring SCO dead from day 1.

12 posted on 04/07/2004 3:48:38 PM PDT by Golden Eagle
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To: ThePythonicCow
Thank you.
13 posted on 04/07/2004 4:10:50 PM PDT by Marylander
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To: N3WBI3
Why use linux when there's Mac and Unix?
14 posted on 04/07/2004 7:06:18 PM PDT by olde north church (Free Occupied Jersey)
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To: Golden Eagle
Way to spin a judge telling SCO that their claim redhat has no case was garbage.

To Summarize:

Sco: Judge, this lawsuit by redhat has no merit you should throw it out..

Judge: No, it has enough merit to stand, but we will wait until the root of your claim (contract dispute) is somewhat clearer. Oh and by the way if the IBM trial does not preceede quickly enough well look at this now

GE: Wow what a win for SCO...

15 posted on 04/07/2004 8:21:20 PM PDT by N3WBI3
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To: olde north church
1) Because I don't want to pay 170$ OSX for an OS and have to pay for upgrades...

2) Because I don't want to pay a ton of money for hardware for my personal webserver..

Mac is nice (and BTW mac is Unix, no need to differentiate) my wife loves her mac, but I love to tinker and OSX is not there yet..

16 posted on 04/07/2004 8:25:34 PM PDT by N3WBI3
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To: N3WBI3
These kinds of requests are procedural. IBM already had a request to throw the SCO case out denied, guess you thought that was historic too.
17 posted on 04/07/2004 9:26:15 PM PDT by Golden Eagle
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To: Golden Eagle
No but it was a defeat to IBM, it means there is enough evidance (in the judges eyes) to take this to trial..
18 posted on 04/07/2004 9:40:01 PM PDT by N3WBI3
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To: N3WBI3
Your $$$$ point is reasonable.
Yeah, I did the differentiation between Mac and Unix because I would imagine run it as O/S X and not as the Unix command line, I could be wrong. I use the Unix for Java, FTP and a few other Web-related services. I have checked out some of the Open Source programs I'm also trying to learn various X11 applications .
Sun will be releasing it's own "version" of Linux with the Java Sun Desktop. It looks very interesting.
Especially project Looking Glass, it blew me away!
On your second point re: your personal webserver, Apache, JBoss and Tomcat are all standard with the mac and php and mySQL are already Open Source. Am I missing something [not sarcastic]? The only thing that prevents my from running webpages from my system is the blocked 80 port provided by my ISP [THAT is sarcastic].
I'm very satisfied with my Mac and Apple applications are perfect. IMHO, people perpetuate the myth of Apple application shortage.
Respectfully,
ONC
19 posted on 04/08/2004 5:49:24 AM PDT by olde north church (Free Occupied Jersey)
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To: olde north church
Apache,, php, mysql will all run on windows, the point is Linux is a nice mix between the power that a mac has with the hardware price of a PC. If I use a Mac for my web, mail, ftp, ... server then I have to think before I hammer it or play around (what will this do to sendmail...??

The reason I would use Apple and not Linux is for the UI (though Gnome ad KDE are comming along nicely the NEXT component of OSX is the best UNIX UI out there. I dont need a UI for basic web services, but yes the system itself can do anything Linux/UNIX can do cause it it Unix... I for kicks set up OpenDarwin on a PC and tried to get KDE to look like osX but Im not a huge BSD guy..

20 posted on 04/08/2004 6:40:49 AM PDT by N3WBI3
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