When you apply to law school, they ask you to write an essay. The essay is supposed to tell the admissions board why they should let YOU in, instead of some other schmuck with better grades and/or a higher LSAT score. When I wrote my essay, I focused on the SCO v. IBM case that has been working its way through the courts since 2003. Quick summary- (1) Microsoft, through a proxy, gave SCO a bunch of cash. (2) SCO attacked IBM and a couple of other companies, as an attempt to intimidate or silence the Linux software development community. (3) IBM decided to fight the good fight on behalf of the little guy.
The lawsuits filed by SCO essentially represent a case study in how not to run a business, becuase they don’t have a leg to stand on. IBM’s willingness to take up the cause won them widespread praise and goodwill. This was largely true becuase everyone knew it would be a long, ugly, drawn-out fight, but that IBM would ultimately win… providing they could muster the corporate willpower to see it through instead of just paying the blood money to make the suit go away.
So in a way, IBM’s fight for justice inspired me to apply to law school in the first place. In that sense, it’s very satisfying (and very topical w/r/t our current CivPro class material) that IBM has recently filed for summary judgment on all of the claims that are pending against it in this case. All of them. PJ says it best:
If IBM were to prevail on all its motions (of course that is a rare event indeed) then the only thing left to bring to a jury would be IBM’s counterclaims. That has to be SCO’s worst nightmare. That would mean the only questions for the jury to decide, if they found for IBM on the rest of IBM’s counterclaims, would be how bad was SCO and how much do they owe IBM?
When you start a lawsuit, this is not how you want it to turn out. What would be really interesting is if one of the dirtbags running SCO now decided to roll over and admit that the whole thing was someone else’s idea, and that they were just carrying water for Microsoft.