[linux-elitists] SCO: SPFS, salvaging the company

Don Marti dmarti@zgp.org
Mon Feb 9 09:57:28 PST 2004

begin Wendell Cochran quotation of Mon, Feb 09, 2004 at 09:09:54AM -0800:

> Mims keeps saying SCO wants $50 billion from IBM, not $5 billion as
> reported elsewhere.  I think he's repeating a decimal slip all his
> own, but then he is in Salt Lake -- & McBride has been known to
> stretch the numbers.

Since $5 billion is just as much of an _ex ano_
number as $50, the number of zeros doesn't matter.

It's a mistake, though, to misrepresent SCO v. IBM
as a patent case, because independent authorship is
not a defense in a patent case, and our side's main
point here is independent authorship.

But this is what Mims told me when I wrote him about
using the P word:

  "In a quiet move Wednesday, SCO amended its suit to
   include four counts of patent infringement."

Amending a complaint isn't a "quiet move" because
an amended complaint is a public document that goes
on PACER.  And SCO doesn't even _have_ four patents.

The most likely explanation is that Mims is getting
his facts about the case straight from someone who
is misrepresenting SCO's attempt to add defenses
against the _IBM_ patent infringement counterclaims as
"counts of patent infringement."

Don Marti
http://zgp.org/~dmarti                          Learn Linux and free software 
dmarti@zgp.org                            from the experts in California, USA 
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