SCO Group Should Go Out of Business

IBM in 2004 sought a declaration through that its Linux activities
hadn't violated SCO's purported Unix copyrights, as SCO had claimed publicly and in its lawsuit. Although U.S. District Judge Dale Kimball didn't grant that declaration, called a partial summary judgment, he sharply criticized of SCO for not producing evidence for its case in a court filing Wednesday.

  "Despite the vast disparity
between SCO's public accusations and its actual evidence--or complete
lack thereof--and the resulting temptation to grant IBM's motion, the
court has determined that it would be premature to grant summary
judgment," Kimball wrote. "Viewed against the backdrop of SCO's
plethora of public statements concerning IBM's and others' infringement
of SCO's purported copyrights to the Unix software, it is astonishing
that SCO has not offered any competent evidence to create a disputed
fact regarding whether IBM has infringed SCO's alleged copyrights
through IBM's Linux activities."

The opinion bodes poorly for SCO, intellectual property attorneys agreed.

[Judge slams SCO's lack of evidence against IBM]