[linux-elitists] [SCO] Red Hat strikes back

Adam Kessel adam@bostoncoop.net
Mon Aug 4 11:47:03 PDT 2003


On Mon, Aug 04, 2003 at 12:27:57PM -0600, Jonathan Corbet wrote:
> From what I am able to gather, it's a formal complaint in a Delaware court
> asking for two things:
> - A summary judgement that RH has not infringed SCO's copyrights or exposed
>   its trade secrets,

It was probably a request for a declaratory judgment, not summary
judgment.  

Summary judgment is a pre-trial motion (usually made after discovery)
that the case can be decided at that point based on the record as a
matter of law, i.e., that no trial is required to determine specific
disputed facts.  

Declaratory judgment, on the other hand, is a device used to clarify
legal rights.  Declaratory judgment is particularly well suited for cases
such as this, where one party's actions might have a chilling effect on
another party's future conduct, and the other party wants an answer now
about their legal rights, rather than after they've done the future
conduct.  
-- 
Adam Kessel
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