SCO Moving the Goalposts Again ?

From the summary by a couple of good people (Chris Brown and Frank Sorenson) who attended the latest hearing in the SCO versus IBM farce, reported on Groklaw in the story “1st Word From the Court Hearing – Under Advisement“.
Chris Brown writes:

He stated that the discovery sought is plainly relevent including white papers, interim version, notes, & etc. That in the discovery obtained on the 20 developers IBM has turned over already, SCO has found documents that will support its claims. That in the requested discovery SCO seeks evidence of admissions that the source of infringing code is from Sys-V, AIX, or Dynix. He said SCO is entitled to show how that code came from those other operating systems. That SCO is not limited to code-by-code comparisons, but may show how it’s developed.

(Note: In fact SCO was dismissive of what it called “code-by-code” comparisons around a half dozen times during the hearing. Could this be foreshadowing their admission that they have been unable to find any evidence of infringing copied code?)

Frank Sorenson writes:

Normand says that SCO expects to find admissions from IBM’s developers in the materials that the source code came from System V, AIX and Dynix.

Under SCO’s theory, SCO is not limited to demonstrating through a code comparison. They want to show in IBM’s own words, through the developers notes, emails, etc. They expect that they’ll show IBM’s developers see a deficiency in Linux, they’ll implement it using knowledge and code from System V, AIX, and Dynix, then contribute to Linux. The developer may even mention the importance and improvement to Linux. He talks about the insufficiency of doing a code comparison, and how SCO would like to demonstrate using the internal IBM development notes.

So what happened to this then ?

“We’re finding…cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code,” McBride said in an interview.

SCO wouldn’t have been misrepresenting or just incompetent by some chance are now looking to cover their tracks ? 🙂