On Friday, IBM and SCO filed an agreement with the US District Court in Utah to accept a ruling of dismissal of the last remaining claims by SCO against IBM.
It appears as if SCO’s case against IBM, which began as a blustering tornado back in 2003, finally died with a whimper last week. The death notice came in the form of what is essentially a one page agreement between SCO and IBM which calls “for certification of the entry of final judgment on the Court’s orders concerning all of SCO’s claims….”
The agreement goes on to state: “There is no just reason for delaying SCO’s appeal from such Orders, as the final resolution of SCO’s claims may make it unnecessary, as a practical matter, for the Court to decide the several pending motions concerning IBM’s counterclaims, given SCO’s bankruptcy and its explanation that it has de minimis financial resources beyond the value of the claims on which the Court has granted summary judgment for IBM.”
In other words, there’s no reason to continue since SCO is bankrupt and the only assets it has left are its claims against IBM, which have already been pretty much ruled as off the table.
The agreement keeps IBM’s claims against SCO open should IBM ever decide to move forward with them, which is doubtful.
This agreement wasn’t unexpected, and in fact, came down right on deadline. On February 10, I reported that Judge David Nuffer with the US District Court in Utah had ruled to dismiss a couple of interference claims SCO had filed against IBM, and had ordered both parties to reach an agreement on whether to accept the dismissal by February 26, which was Friday.
In all likelihood this is the last we’ll ever hear from SCO as its current owner, the California based software company Xinuos which now owns and markets many of SCO’s old products, will probably remove what’s left of SCO from life support.
Ding-dong! The witch is dead.
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