RESEARCH TRIANGLE PARK, N.C. – Is the SCO lawsuit against IBM over allegations of pirated Unix code about to reach its end?

That appears not to be the case, according to Anders Bylund. Writing in the Motley Fool, Bylund said last week’s court decision in which most of SCO’s 294 claims were thrown out has put a “serious dent” the case. But he sees no quick resolution.

“This soap opera feels like it’s had a longer run than Days of Our Lives, and it still doesn’t seem anywhere near its conclusion,” Bylund wrote. “Many of the other cases are awaiting a final IBM ruling, though that case does look nearly complete to this humble observer. SCO claims that it’s up to IBM to produce proof of the alleged licensing infringements, which is akin to asking a captured criminal to prove his own guilt.”

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SCO has been badly damaged, though, in the view of some. Wrote Steven J. Vaughan-Nichols at Linux-Watch: “While there are other issues still to be decided in court, with over two-thirds of SCO’s claims now thrown out, SCO’s lawsuit has clearly collided with a Titanic-sized iceberg.”


But Paul McDougall, writing in Information Week, quoted one analyst as saying the fight will go on.

“They will now be able to concentrate on the remaining claims; it should focus them,” he quoted Rob Enderle, principal analyst at the Enderle Group, as saying about SCO. Enderle has followed the case and written favorably about SCO in the past. However, the analyst doesn’t see SCO as prevailing.

“Enderle says the ruling means that Linux users in commercial environments can breathe easier, knowing that it’s now less likely that SCO will gain control over significant pieces of the freely distributed Linux operating system,” McDougall said.

“There’s still that possibility, but it’s getting more remote,” he quoted Enderle as saying.

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While the fight is likely to continue, it’s hard to ignore the tone in some of the comments made by Magistrate Judge Brooke Wells, who is handling the case in a Utah court.

“Given the amount of code that SCO has received in discovery the court finds it inexcusable that SCO is in essence still not placing all the details on the table,” Wells wrote in his latest opinion. “Certainly if an individual was stopped and accused of shoplifting after walking out of Neiman Marcus they would expect to be eventually told what they allegedly stole.”

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To read the judge’s ruling, see:

For a much more detailed look at the latest court rulings and the SCO case in general, check out: