On 03/31/2010 11:37 PM, Jeffry Smith wrote: > Well, Red Hat sued them, so they can't make that go away, and the main > thing left in the IBM case is the IBM counterclaims. Whether they're > liabilities or not (and they're major liabilities), the decision to > stop them doesn't reside with TSCOG any more. I don't think either > Red Hat or IBM are interested in settling. IBM could have bought > TSCOG (which is probably what they wanted to begin with). > I know that Red Hat did sue TSCOG, but right now, it is up to the bankruptcy court. Not sure what would happen to these suits if TSCOG were to go chapter 7. But, the IBM case is not just counterclaims, it is still the contract issue, and that has not been adjudicated. Now since the copyright issue has been resolved as well as the Novell royalty claims, IBM and or Red Hat could petition for a lifting of the stay. But there could be more interesting stuff. Remember that when Darth tried to sell TSCOG to to his buddies in the York Galaxy, the litigation would have been pursued by the buyer. And basically, the court has not ruled on the 3 derivatives that IBM contributed to Linux. IBM must prove that either the derivative clause itself does not apply or that it does not apply to SMP, NUMA, and JFS. In any case, we've essentially eliminated the SCO vs. Novell from the mix (unless by some idiocy, TSCOG decides to appeal). I think TSCOG should sue Kevin and Darl McBride :-)
-- Jerry Feldman <g...@blu.org> Boston Linux and Unix PGP key id: 537C5846 PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB CA3B 4607 4319 537C 5846
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