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| IBM Gets More Time to Answer Second Amended Complaint |
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Wednesday, March 24 2004 @ 01:25 AM EST
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IBM and SCO have jointly filed a stipulation and motion asking the court for an order giving IBM until the 26th to respond to SCO's Second Amended Complaint. I know. The suspense is killing me, too. While you're waiting, you might like to look at LWN's annotated SCO stock price chart. I am not a finance person, so I won't try to tell you what it means, but I found it fascinating.
*******************************************
SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaghnessy (6651)
[address, phone, fax]
CRAVATH SWAINE & MOORE
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
____________________________
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
____________________________
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
vs.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff.
__________________________
STIPULATION AND JOINT MOTION FOR
EXTENSION OF TIME TO RESPOND TO
SECOND AMENDED
COMPLAINT
Civil No. 2:03CV0294 DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke Wells
________________________
The parties, through their counsel of record, hereby stipulate and jointly move the Court for an Order enlarging the time for Defendant to respond to Plaintiff's Second Amended Complaint. The parties agree that Defendant may have up to and including March 26, 2004, within which to respond to the Second Amended Complaint.
Dated this 19th day of March, 2004.
SNELL & WILMER L.L.P.
Alan L. Sullivan
Todd M. Shaughnessy
CRAVATH, SWAINE & MOORE
Evan R. Chesler
David R. Marriott
By _____signature_____
Counsel for Defendant International
Business Machines Corporation
Dated this 19th day of March, 2004
HATCH JAMES & DODGE
Brent O. Hatch
Mark F. James
____(signature)_______
Counsel for Plaintiff
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| Authored by: kb8rln on Tuesday, March 23 2004 @ 01:07 PM EST |
Now IBM and Novell will filed on the same day. I can wait to read them.
Thank Groklaw and PJ.
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| Authored by: brenda banks on Tuesday, March 23 2004 @ 01:10 PM EST |
what happened to the filing on the motion to dismiss?
---
br3n
irc.fdfnet.net #groklaw
"sco's proof of one million lines of code are just as believable as the
raelians proof of the cloned baby"[ Reply to This | # ]
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| Authored by: jmc on Tuesday, March 23 2004 @ 01:13 PM EST |
Aren't we due to get a reply at least from Autozone today or tomorrow?
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| Authored by: Anonymous on Wednesday, March 24 2004 @ 02:00 AM EST |
No rush on the court hearing info -- it'll come when it comes.
My steaks taste better when they are slow-cooked, anyway. There's nothing worse
than an leather-tough steak cooked on a fire too hot, too fast.
Good results take time to establish.
[ Reply to This | # ]
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| Authored by: webster on Wednesday, March 24 2004 @ 02:18 AM EST |
Or will she grow impatient with these pensive, accommodating rivals?
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webster[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 24 2004 @ 03:14 AM EST |
You can scam all of the people some of the time, and some of the people all of
the time...
but I think Darl's run out of easily scammable people, or new wheezes to scam
everyone with. SCO have pretty much shot their bolt in terms of claims, and
there's nothing in them, so it's just downhill from here. Filing more hopeless
suits will just drain their funds faster. [ Reply to This | # ]
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| Authored by: shingebis on Wednesday, March 24 2004 @ 04:56 AM EST |
(this is a work of parody and any similarity with real events or
characters yada yada yada)
LINDON, Utah, Mar. 25 -- The SCO Group,
Inc. ("SCO") (Nasdaq: SCOX), the owner of the UNIX operating system and a
leading provider of UNIX-based solutions, today announced it has completed a
deal whereby all Series A-1 Convertible Preferred Stock will be exchanged for
Series A-1++ Super-Duper Preferred Stock With A Cherry On Top. Under the
agreement, each holder of the previous stock, which was subject to a floor price
for conversion of $13.50, will receive a corresponding number of shares of
the new Series A-1++ stock (with a revised floor price of $3.50), plus a
cute fluffy kitten.
Deutsche Bank's Brian Skiba welcomed the
announcement as "a show of confidence that SCOX continues to be an attractive
investment proposition." Meanwhile, Yankee Group analyst Laura DiDio praised the
move, saying "anyone who gives away kittens can't possibly be bad." Rob Enderle
had more positive words for SCO in his latest opinion piece for TechNewsWorld,
entitled "I've got a kitten and you haven't, ner ner ne ner
ner".
Critics were quick to point out the disparity between this latest
development and a previous statement from CEO Darl McBride in which he
characterised the Free Software movement as "free, as in a free puppy".
Responding to these charges, Mr McBride explained, "Right, so what happened is
we showed them a bunch of code back in July, and the Open Source guys were like,
'hey, OK, we've taken that out', and, er, oh look, it's cleaning its fur! Awwww,
soooo cute!"
In unrelated news, it has been revealed that Microsoft
Corporation (Nasdaq: MSFT) recently made a significant financial contribution to
Bob's Pet Emporium, Utah. On further questioning a Microsoft spokesperson
commented: "SCO? Who? Nah, never heard of them."
Friskies closed up 6%
on the day. [ Reply to This | # ]
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| Authored by: blacklight on Wednesday, March 24 2004 @ 07:10 AM EST |
The annotated price chart does not include the releease dates of the SCO Group's
financial reports. It does not include the Sun buying "licenses" from
the SCO Group either. Nor does it include the December court date of the SCO
Group's disastrous performance in its lawsuit against IBM.[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 24 2004 @ 09:59 AM EST |
| Here's my favorite chart and my first attempt at linking.
SCO vs Nasdaq
RDE [ Reply to This | # ]
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| Authored by: gr8edchz on Wednesday, March 24 2004 @ 11:34 AM EST |
I'd like to see that same chart from the article overlayed with executive staff
and board memeber stock sales over the same time period.[ Reply to This | # ]
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| Authored by: DMF on Wednesday, March 24 2004 @ 12:18 PM EST |
I'd like to see an annotated chart of VOLUMES. What events generated the most
activity.. and if possible which events were *preceded* by the greatest volumes.
[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 24 2004 @ 02:21 PM EST |
IANAL, but it seems to me that SCO is mixing two distinct questions.
1. SCO's alleged ownership of derivative work created by IBM.
2. SCO's alleged ownership of other IP in Linux.
The first is a contract dispute, and the question is if SCO owns it, not what it
owns.
The second is an IP dispute, and requires that SCO show IP that it owns that is
in Linux.
In neither case is IBM source code or much of the other material requested
relevant until the other question is settled.[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 24 2004 @ 10:02 PM EST |
Share price is consistently under $8 and not even thinking about climbing.
Still got that three-oclock-ish lump in it though. [ Reply to This | # ]
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| Authored by: GLJason on Thursday, March 25 2004 @ 07:22 PM EST |
They didn't before because the stock was doing well. Now the stock price is
reflecting the emptiness of thier claims so the investors that bought in at $15+
and lost 1/2 their investments have something to complain about.[ Reply to This | # ]
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