A federal judge has launched a scathing attack on vendor, SCO in its case over UNIX code.

Initially the day had gone well. District Judge Dale Kimball rejected IBM's request for a summary judgment. Overall SCOs case merits tooks a beating though.

His reasoning for turning down the request was, even though SCO has supplied only skimpy evidence, a summary judgment would be premature.

The blows came next, "Despite the vast disparity between SCO's public accusations and its actual evidence - or complete lack thereof - and the resulting temptation to grant IBM's motion, the court has determined that it would be premature to grant summary judgment," Judge Kimball wrote.

"Viewed against the backdrop of SCO's plethora of public statements concerning IBM's and others' infringement of SCO's purported copyrights to the Unix software, it is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO's alleged copyrights through IBM's Linux activities."

SCO launched the case, seeking to prove that IBM had infringed copyright by including SCOs Unix code in its Linux distribution.

However the case against IBM is slight. As the Judge pointed out, SCO evidence gathering leaves a lot to be desired. Indedd even, SCO's own papers are not consistent regarding the alleged infringements.

However the case against IBM is slight. As the Judge pointed out, SCO evidence gathering leaves a lot to be desired. Indedd even, SCO's own papers are not consistent regarding the alleged infringements.

SCO initially intended to argue that IBM infringed rights when it transferred from Unix to Linux an allegedly transferred across code.

However, now SCO is restricting its case to, IBM continued to ship after the SCO licence had been revoked.

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