[linux-elitists] SCO drops its bomb
Mon Jun 16 22:47:16 PDT 2003
At 4:38 PM -0700 6/16/03, Rick Moen wrote:
>Quoting Mikael Pawlo (firstname.lastname@example.org):
> > It is hardly that easy in any Western jurisdiction.
>...and moreover happens only if the court grants the requested
>injunction, following plaintiff convincing the court that (1) there's a
>serious cause of action, and that (2) damages alone wouldn't suffice,
>absent defendant (or some third party) also being enjoined from
>continuing whatever he's doing.
>It's my understanding that courts apply a very high burden of proof to
>such motions, often holding an evidentiary hearing on the question, yes?
I guess that depends on the court. In this case the effect of such
injunction would be very grave to IBM, why - at least in Sweden and
the U.S. - the SCO Group would have to show good evidence and also
possibly provide the funds to redeem IBM (any damages), should SCO's
claim not be valid. As far as I understand it, SCO's financial
situation does not make such a scenario very likely, but customers
may be frightened enough to force IBM to settle with SCO.
Again: Not legal advice!
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