[ale] Judge to SCO: No, YOU gotta show!

Robert L. Harris Robert.L.Harris at rdlg.net
Fri Dec 5 22:38:27 EST 2003

Thanks, just gave me reason to smile.

Thus spake Jim Philips (jcphil at mindspring.com):

> I just got through digesting today's hearing as described on Groklaw. The 
> purpose of the hearing was to determine whether IBM has to turn over any code 
> SCO feels is relevant so they can look for violations in it. IBM's position 
> was that the burden is on the plaintiff to show what code is in violation. 
> David Boies didn't show up to speak for SCO. Instead, the attorney for SCO 
> was one Kevin McBride (brother of Darl). Could Boies be wondering if he's 
> jumped onto another sinking ship? He didn't do much for Al Gore's case back 
> in 2000. Anyway, if you read the transcripts, IBM's lawyer was clear and 
> concise and showed a mastery of the case law on this point and some good 
> common sense. His basic point is in this statement:
> "In order to file the complaint, SCO had to have what they say they have. Case 
> law says a party may not dump information on a party and expect them to 
> extract relevant information."
> McBride's arguments were long and rambling by comparison and he clearly tried 
> the judge's patience. The judge sided with IBM and gave SCO thirty days to 
> either come up with the offending code or file an affidavit saying why they 
> couldn't. It wasn't a good day for SCO.
> http://www.groklaw.net/article.php?story=20031205161348100
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Robert L. Harris                     | GPG Key ID: E344DA3B
                                         @ x-hkp://pgp.mit.edu
      These are MY OPINIONS ALONE.  I speak for no-one else.

Life is not a destination, it's a journey.
  Microsoft produces 15 car pileups on the highway.
    Don't stop traffic to stand and gawk at the tragedy.
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