Should IBM settle now?

deepdistrust

July 17, 2006

Should IBM settle now, before SCO's appeal is decided? Or, should IBM take a chance and wait till the appeal is decided? I say, settle now. SCO may agree to settle if IBM pays a billion dollars and SCO gets part ownership of Linux (so that SCO can charge money for each copy of Linux sold). If SCO wins the appeal, the terms may go up to 2 billion dollars and part ownership of Linux.

Keeping SCO's strong case in mind, IBM should settle without delay.
< EOM >

2:44:51 PM

arthur_ski on Yahoo! posting about the hearing

heimdal31

July 17, 2006

No fireworks at the hearing (1 Rating) 3 minutes ago

SCO v Novell hearing, 10 AM local time
The parties reached an agreement before the hearing that SCO will submit an ammended complaint in which they will specify the unfair competition is under Utah Law, so Novell's
motion in that regard is moot.
Meeting lasted a few minutes, Jacobs for Novell and Singer for SCO
Case law relating to narrow or broad arbitration clauses and whether a stay of the non-arbitratible claims is warranted were discussed.
arthur_ski

< EOM >

3:00:04 PM

Second Report from the Courthouse

ruidh

July 17, 2006

Report from Y!

No fireworks at the hearing
by: arthur_ski 07/17/06 02:56 pm
Msg: 392088 of 392090

SCO v Novell hearing, 10 AM local time
The parties reached an agreement before the hearing that SCO will submit an ammended complaint in which they will specify the unfair competition is under Utah Law, so Novell's motion in that regard is moot.

Meeting lasted a few minutes, Jacobs for Novell and Singer for SCO

Case law relating to narrow or broad arbitration clauses and whether a stay of the non-arbitratible claims is warranted were discussed.
< EOM >

3:00:42 PM

Re: Should SCOX settle now?

backinfulldistrust

July 17, 2006

Probably last chance for SCOX to settle.

SCOX offers:
Shorten the duration of the case by a few months.
Incriminating MSFT e-mails and secret communications given to IBM.
Apology for slanders against IBM and Linux community.
Give up all claims to UNIX IP.
Unixware and OpenServer code written in-house (all they "own" of UNIX).
Give up all SCO trademarks.

IBM offers:
Personal idemnity to SCOX execs and board members
IBM-logo t-shirts for above

---

Note foolishness in parent post about SCOX getting part-ownership of Linux
from IBM. IBM does not "own" Linux and can't confer ownership. The contributors
to the kernel "own" the code they contributed.

< EOM >

3:05:38 PM

SCOX/Novell - victory for Scox

Ledite

July 17, 2006

Singer persuaded Judge Kimball with his argumewnts today. It won't be long before Novell hangs themselves on the rope that kimball gave them.

Back a winner Buy SCOX.

Regards,

Ledite
< EOM >

3:41:22 PM

Re: SCOX/Novell - no victory for Scox

peredurabefrog

July 17, 2006

According to Groklaw, on arbitration, Novell said they couldn't really care less, but waiting for the outcome of the arbitration would probably be sensible. They said they're happy for Judge K to decide how he wants to sort out his schedule. K has taken it under advisement.

On the question of the laws under which they are supposed to be accused, the parties had agreed before coming to court, and tSCOg had stipulated Utah law.

Now how is any of that a victory for anyone?

hhhhttp://www.groklaw.net/article.php?story=20060717142648261

PAE
< EOM >

3:52:48 PM

Source: Investor Village SCOX [ http://www.investorvillage.com/smbd.asp?mb=1911 ]