SCO Bleats Back - Please Make IBM's 10th CC Go Away, Your Honor

Wednesday, August 25 2004 @ 01:17 AM EDT

Contributed by: PJ

Here is SCO's Reply Memorandum in Support of SCO's Motion to Dismiss or Stay Count Ten of IBM's Second Amended Counterclaims. I have only had time to glance through it, but I'd characterize it as SCO saying, "No fair! IBM is winning." Or, more accurately, they are singing, "Stop the World. I Want to Get Off." They so do not want to have to talk about copyright infringement with IBM inside a courtroom.

All that trash talk in the press about IBM and copyright infringement has nothing to do with this case. They can't imagine why IBM wishes to bring it up at all. Why, SCO isn't talking about that. In the courtroom, it's all about contracts, so IBM should not be allowed to bring in unrelated issues, like what SCO has accused them of for over a year in the media. It would just complicate things horribly if SCO would have to answer such a counterclaim. It's much too complex, they say, and they'd have to do discovery and stuff too, which they haven't yet begun, with regard to depositions, because they are waiting for IBM to turn over the documents IBM has already told them don't exist, and you know what that means, Your Honor.

Yup. SCO will need more time for discovery.