Red Hat Asks Judge in DE to Reconsider the Stay

Tuesday, April 20 2004 @ 09:27 PM EDT

Contributed by: PJ

What a time we are having! Now Red Hat steps up and today files a motion asking Judge Sue Robinson to reconsider her stay on that case, saying it was "inappropriate", according to Stephen Shankland:

"Red Hat's lawyers argued on Tuesday that the basis of the case between SCO and IBM is different from that in its suit: 'The Utah case...fundamentally concerns the contractual relationship between IBM and SCO, whereas the Delaware action concerns the damage SCO has done and is continuing to do to Red Hat,' the motion said.

"In addition, the Linux company's lawyers argued that Red Hat is suffering injustice as a result of the hold. 'Staying this suit leaves SCO open to pursue the very activities that necessitated Red Hat's complaint in the first instance--a campaign against force Red Hat's customers to enter into licenses to use open-source code that SCO did not even develop,' the Red Hat motion said."

Here are Red Hat's Motion and the Memorandum in Support. Red Hat points out that the judge decided on a stay on her own initiative, without Red Hat being given the opportunity to address the matter. It points out that the issues in Utah are not identical with the issues in Delaware, and that there are new developments that the judge needs to be aware of, namely new lawsuits, and that it would be a manifest injustice to allow SCO to file lawsuits against Red Hat customers during a stay, the very harm that Red Hat's action was asking be prevented. They request that there be a lifting of the stay or in the alternative that the court "modify the order to enjoin SCO from threatening or initiating additional lawsuits against Red Hat or its customers based on alleged copyright infringement through use of Linux until the stay is lifted."