First word has arrived from today's status hearing that
SCO requested in
SCO v. IBM, but we had more than one reporter there today, so there will be updates later tonight.
SCO in its motion had asked that two of IBM's motions for summary judgment on some of SCO's claims, long on ice because of the SCO bankruptcy, be revived and allowed to go forward so SCO could pursue claims not affected, in SCO's view, by SCO's loss in the
SCO v. Novell case. IBM, of course,
opposed on several grounds. First, it makes no sense to go forward until SCO's appeal is decided. Second, IBM wasn't crazy about SCO's idea of being allowed to go forward piecemeal, with IBM standing there tied up, so to speak, while SCO gets to kick them in the shins. IBM's position as well is that all SCO's claims are off the table, due to its loss in the
Novell case, so unless it wins on appeal, there's nothing to go forward on. What a waste of judicial resources.
Oddly, SCO, as it turned out, at the conference asked to proceed on only one of the motions,
#782, IBM's Motion for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action). Probably they read IBM's memorandum in opposition. Argument was heard, and the judge, the Hon. Tena Campbell, has taken it under advisement.
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