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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.

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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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This work is licensed under a Creative Commons License.

The big news is, SCO lost

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.

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.

Why use linux when there's Mac and Unix?