[Am-info] SCO Agrees IBM Owns AIX, JFS, NUMA, RCU Copyrights!!

[Sujal Shah]

EEp, sorry, I typed that very fast and it's not very clear.

On Wednesday, August 6, 2003, at 02:20 PM, Roy Bixler wrote:
>> Most people have seen through this part.  Second, SCO and Microsoft
>> have established a relationship now that more cash can go to SCO.
>
> I haven't heard of the latter.  Is it an investment or a further
> contract along the lines of the first one where they bought some sort
> of "licence" from SCO?
>

No, I just meant that now that Microsoft and SCO have a public business 
relationship, they have a reason to write checks to each other.

Most of that paragraph was me just saying, "Well, while we're all 
speculating, here's my theory..."  I don't have any evidence to back up 
my theory that Microsoft is helping fund this as an active campaign.  
Just that Microsoft's enthusiasm to plunk down for a unix license is 
too suspicious.

> Also, I have read that Boies' law firm is taking the IBM case pro-bono
> (is pro-bono the right terminology?  I mean to say that Boies plans to
> take a percentage of any court-ordered fees but is demanding no
> up-front legal fees.)
>

The term pro bono means for free.  He is definitely looking for a 
payment (as you pointed out).  The term I think that applies here is 
contingency.  his fees are contingent on his client winning.  of 
course, I'm not a lawyer and we have some experienced ones on the list.

> And, if it is a long drawn out battle, then they may very well be
> racking up the legal fees here.  I wonder if they plan to use Boies
> for their defence and whether they have pro-bono arrangement here as
> well.  The only thing that's clear is that lawyers love
> litigation-happy clients like McBride's SCO.
>

Just understand that SCO isn't using Boies "for their defense"... SCO 
is the plaintiff here, so they have to prove their case.  The burden of 
proof is on them, not on IBM (again, experienced lawyers please correct 
me if I'm wrong).  It's an important point (that I think you get, but 
needs to be reemphasized).  Just because they're making the claim 
doesn't mean that IBM needs to show they're wrong... SCO first needs to 
actually show evidence that they are right.

Sujal

> R.
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