Status Report Filed

sk43999

March 15, 2015

It took GL a couple of days to post it, but SCO and IBM managed to file a status report on the day it was due (last Friday) and without the need to request an extension of time.

http://www.groklaw.net/pdf4/IBM-1134.pdf

Four SJ motions remain to be decided. Additionally, SCO wants to move ahead with the Spoliation motion (the one regarding magical sandboxes). The only disagreement is whether the trial should be scheduled now or after the SJ motions are decided. What do you think?

5:48:49 PM


Re: Status Report Filed

monsieur_bobo

March 17, 2015

I noticed that in the report SCOG and IBM agreed to mediation in parallel which makes me think this is going to be over soon. BSF has already been paid, and Judge Cahn and Blank-Rome have empty out whatever was left. The mediation is going to go something like this:

IBM: You guys don't really want to go to trial with this POS, do you?
BSF: For $250K, we're willing to let bygones be bygones.
IBM: Deal
Cahn: I'd just as soon hang out with the grand kids but you know, private schools aren't cheap, and I have to think of my former, he he he, partners. $250K sounds about right for our trouble.
IBM: Deal.

1:00:36 PM


Re: Status Report Filed

rkhalloran

March 17, 2015

Remember that this started out claiming theft of IP by IBM; reputation-wise they can't pay them even $1. to go away, it sets the wrong precedent.

Given where it stands now they can put a couple of fresh hires to the Nazgul Legal Dept. on it and make BSF run up time they can't bill for. At some point CAAAAHN!!! will decide it's better to roll over and hand over the keys to whatever's left, then go play with the grandkids.

1:22:02 PM


Re: Status Report Filed

bjnord

March 18, 2015

<< Remember that this started out claiming theft of IP by IBM; reputation-wise they can't pay them even $1. to go away, it sets the wrong precedent.

Given where it stands now they can put a couple of fresh hires to the Nazgul Legal Dept. on it and make BSF run up time they can't bill for. At some point CAAAAHN!!! will decide it's better to roll over and hand over the keys to whatever's left, then go play with the grandkids. >>

That could be; I wouldn't bet against them holding firm to the end.

But I wonder... would it really be a bad precedent to say, "We've pursued you like the Nazgul, shown you no quarter, until you were bankrupt and harmless, and drifted along for years and years... now we might settle for a pittance at the end (if it's a bit cheaper than more lawyer time), before you draw your last breath and vanish."

i.e. If it takes bankruptcy plus many years of coasting to get the $1 at the end, who is really going to look at SCO as a precedent for "winning against IBM"?

[edited for paragraph break only]

11:58:28 AM


Re: Status Report Filed

monsieur_bobo

March 18, 2015

[i.e. If it takes bankruptcy plus many years of coasting to get the $1 at the end, who is really going to look at SCO as a precedent for "winning against IBM"?]

That's the way I see it. IBM admits no wrong doing but makes sure the lawyers get paid, and at this point that's all the lawyers really care about. They don't really even have a client any more. Any new potential litigant will look at the ashes of SCO and think 'gee, these guys went to war with IBM, and the only people that made any money out of it were the lawyers and the bankruptcy professionals'. The only potential downside is the lawyers could go out looking for another stupid plaintiff.

12:51:53 PM


Re: Status Report Filed

mandelbrain

March 18, 2015

> The only potential downside [of IBM settling at this point] is the lawyers could go out looking for another stupid plaintiff.

Now let's imagine a lawyer who has his own reason to want to harass IBM forever, on someone else's dime.

IBM might not want to settle even now, in order to set the threshold line so low that only Darl falls on that side of the threshold of stupidity.

2:08:19 PM


Re: Status Report Filed

darlmcbride

March 19, 2015

From my perspective, this case was never and still isn't about harassing IBM into a settlement. It started off and still primarily remains about getting justice for wrongs that IBM did during and after Project Monterey. The power play that Evan played early in the game was to mark the documents found in discovery as confidential. This allowed IBM to keep their dirty PM deeds out of the public eye while ordering up a public execution of SCO with its massive legal and financial resources.

I was told in 2003 that IBM would stretch this case out 10 years and run SCO out of money. I laughed it off at the time because we had such a great case against them on PM. They were wrong, didn't go 10 years. We are now entering year 12 and the PM case is just beginning. Live and learn. I've heard that you learn more from your failures in life than your successes. Which means I must be a genius by now.

More than a settlement, I look forward to the day when the 8 nasty IBM emails on giant easel displays are placed in front of a jury like they were placed in front of Judge Kimball. And I look forward to seeing if David Marriott has a better response than the non response he gave Judge Kimball in 2005. Those 8 nasty, court-protected emails is why the case is still alive 12 years later, imho.

Hopefully, it doesn't take 12 more years for that day to come.

SC

9:16:47 AM


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