RE: [SLUG] IBM's answer to SCO's complaint

From: Steven Buehler (sanctuaryweb@hotmail.com)
Date: Fri May 16 2003 - 19:42:21 EDT


 
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> Not exactly. IBM's lawyers wisely kept their traps shut since any
> substantive response they might make at this point would only reveal
> their defense strategy. My boy Michael Angelo (the long-bearded
> character who runs MozillaQuest) may be unhappy because IBM isn't
> telling him and the rest of the world everything it knows,
> but neither
> would I in IBM's shoes.

Absolutely correct. IBM is not saying in their response that they don't know Linux was invented by Linus Torvalds; they're saying that they can't say whether it's true or false because they don't have information sufficient to say so. Legally, the only way they'd be able to say "Yes, Linus Torvalds invented Linux" is if IBM personally witnessed Linus Torvalds inventing Linux. IBM is saying that they don't have sufficient knowledge apart from the complaint that what SCO is stating is true or false. The only items that IBM should be responding to are those parts of the complaint that contain specific allegations against IBM. So, they're playing smart.

SCO has got a *LONG* way to go in this suit if they expect to gain any ground. This is pretty much along the lines of all the other patent-grab lawsuits that end up getting sat on by the courts for months or years and then thrown out.

SWB

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