IBM, it seems, have lowered their sights onto SCOX by resurrecting an existing document & using it in support of their request for Summary Judgement.
The document is interesting, because it was originally rejected on technical grounds, but it cuts no corners in terms of what it has to say.
The document includes this show-stopper at point #95:
Furthermore, in the Strategic Business Agreement, Caldera expressly warranted to IBM that IBM would be protected against claims of infringement relating to the material in Caldera’s Linux products, and promised that it would hold harmless and indemnify IBM from third party intellectual property rights claims
“Game over” as one GrokLaw commenter addressed it. Here’s another one from #175:
[The Court says that] SCO has had ample opportunity to articulate, identify and substantiate its claims against SCO [UNIX]. [SCO’s] failure was intentional and therefore willful based on disregard of the court’s orders and failure to seek clarification [...]
Yes, that’s including source.
Goodbye, SCOX’s secrecy claims.
It looks like the smoke will be rising shortly.