SCO Files 2nd Motion Asking the Red Hat Judge for a Delay on Discovery
Thursday, October 09 2003 @ 04:25 AM EDT
There has been quite a lot of activity in the Red Hat case.
SCO filed a Motion to Dismiss the action in its entirety, as you know, and Red
Hat filed its answering brief. But since we last reported on this case, Red
Hat initiated discovery. They asked SCO for documents and for answers to some
pointed questions. IBM is forcing SCO into a corner in Utah, and Red Hat is
forcefully and aggressively trying to do the same in Delaware. You'll see, I
think, that we haven't been wasting our time telling the world the details of
this story. The big picture is that Red Hat is telling SCO to prove their
allegations with specificity. They also want all their source code, and I'm
sure you can figure out what they want to do with it, when I tell you that
they asked for the complete Linux Kernel Personality source code, among the
other products for which they have requested source code.
They also want to hear some details about the relationship between Canopy and
SCO, including any stock or intellectual property transfers. They want SCO to
"identify by title, version, module(s) and line(s)" what they think is
misappropriated in any way or in violation of any of its rights. They ask for
the details of Microsoft and Sun's licensing arrangement with SCO. They want
to know who those 1500 companies were that got the letter, and what happened
next. They want to know exactly what SCO has filed a copyright on. They want
all the details of SCOsource, including all the folks who have seen the code
SCO has been showing under the NDA and what they saw, and any other contact
with any Linux users about supposed liability. They want to know how they
compared the UNIX and Linux code to determine infringement. They want to know
if they've done any comparisons of the two and what the results were. They
want to know all the stock or industry analysts SCO has met with or talked to
and what was said. In short, it's like the kind of fantasy a guy might have
about a bully getting his at last, because they asked them everything we
wanted somebody to finally ask SCO and make them answer.
SCO responded to Red Hat's discovery requests by filing a new motion, and it
has told the judge, in a Motion to Stay Discovery Pending Resolution of
Motion to Dismiss, it would like a delay until after the first motion, the
Motion to Dismiss, is ruled on. They surely don't seem in any hurry to get
this matter resolved. They argue that because they are simultaneously
providing discovery to IBM (of course IBM says they aren't seeing anything,
as I recall), they can't possibly do both, and anyway, if they win their
motion, it'd be moot. In short, they would very much like not to have to do
this, presumably so that if they win the Motion to Dismiss they can continue
to refuse to give any particulars about their case. If the judge doesn't
grant their Motion to Dismiss, they'd like the judge to give them 30 days to
provide all the discovery items.
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