Computerworld - Things aren't going well for The SCO Group these days. Business is down. Those Unix licenses SCO is trying to sell to Linux users just aren't moving. SCO's lawsuit against IBM is running into trouble. So is SCO's defense in the lawsuit Red Hat has filed against it. In and out of the courtroom, SCO is getting beaten up on every side.
So what did SCO do last week to fight back? It announced that it's paying its lawyers with SCO Group stock.
And that, by mid-February, those lawyers will sue some large corporate Linux user.
Who will SCO sue? SCO won't say; that's for the lawyers to decide. But it will be one of the 1,500 companies that got a nasty letter from SCO back in May, complaining about the fact that those companies used Linux -- someone who, in the words of SCO lawyer David Boies, "will illustrate the nature of the problem." Some help, huh?
If this all sounds a bit, er, unusual -- yes, it is.
Paying most of your legal bills with company stock is certainly unusual. Even Boies says so. But at a practical level, here's how it works: When the lawyers make legal threats, SCO's stock price tends to go up. If they lose, of course, the stock price will collapse -- and, in effect, they won't get paid. So it's now in the lawyers' interest to keep that stock price jacked up however they can.
And that translates into some luckless corporate Linux user getting sued.
That's a bit unusual, too. After all, SCO is already in court with two separate lawsuits in which the company will have to prove that its copyrights were violated in Linux. Ordinarily, you'd expect SCO's strategy to be to win those cases first; after that, going after corporate Linux users would be much easier to do.
But those cases aren't looking good. In the IBM suit in Utah, IBM's lawyers have told the judge that SCO has refused to turn over documents and answer questions. SCO is required to do this as part of the pretrial discovery process.
Theoretically, this failure could cost SCO the case, though that's not likely. But judges don't like plaintiffs who do this -- especially when part of what SCO has failed to turn over is an explanation of exactly what IBM is supposed to have done wrong. That sort of delay makes it look as if SCO is stalling.
Meanwhile, in the Red Hat case in Delaware, after a series of missteps, SCO wants to stall the entire case for
- 15 Non-Certified IT Skills Growing in Demand
- How 19 Tech Titans Target Healthcare
- Twitter Suffering From Growing Pains (and Facebook Comparisons)
- Agile Comes to Data Integration
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
Changing the Way Government Works: Four Technology Trends that Drive Down Costs and Increase Productivity
This paper discusses four technology-based approaches to improving processes and increasing
productivity while driving down department and agency costs.
- Is Your Big Data Solution Production-Ready? Read "Is Your Big Data Solution Production-Ready?" now, and discover best practices and actionable steps to implementing a production-ready big data solution.
- Pay-as-you-Grow Data Protection: IBM Tivoli's Full-featured Data Protection Suite for Small to Medium Businesses IBM Tivoli Storage Manager Suite for Unified Recovery gives small and medium businesses the opportunity to start out with only the individual solutions...
- Streamline Data Protection with IBM Tivoli Storage Manager Operations Center IBM Tivoli Storage Manager (TSM) has been an industry-standard data protection solution for two decades. But, where most competitors focus exclusively on Backup...
- Webinar: Building a Big Data solution that's production-ready Big data solutions are no longer just a nice-to-have.
- Meg Whitman presents Unlocking IT with Big Data During this Web Event you will hear Meg Whitman, President and CEO, HP discuss HAVEn - the #1 Big Data platform, as well... All Gov't Legislation/Regulation White Papers | Webcasts