Do not make the mistake of thinking that because my conclusion is the same as another person's that my reasoning is the same
Heh.
Judge Tells SCO: No, *You* Have to Show the Code First
The big news from the hearing today is that Judge Wells told SCO that they have to go first. They have to show IBM what code they are alleging is infringing. All during discovery, SCO has been telling IBM they had to show all their code first, and then SCO would identify the alleged infringements. IBM kept telling SCO in reply that they had the burden, as plaintiffs, to at least tell IBM what code was involved. Today the judge told SCO that IBM was right. SCO has 30 days to comply. IBM doesn't have to turn over anything until they do it. The judge's order will be filed Wednesday, and SCO has a month to show the code. They can't force IBM to go first. That dance is over.
Posted by P6 at December 6, 2003 01:34 AM | Trackback URL: http://www.prometheus6.org/mt/mt-tb.cgi/2442