IBM says SCO has no evidence

US DISTRICT Judge Dale Kimball is considering if he should chuck the SCO case against IBM out of his court.

SCO claims that IBM used its code in the development of Linux, but Big Blue briefs argued that SCO has failed to provide any evidence and its $5 billion suit making that claim should be dismissed.

IBM attorney David Marriott said a SCO employee's Unix/Linux code comparison found only 300 "somewhat similar lines" in tens of millions of lines of code. Marriott said those lines were neither legally significant nor very similar because the employee edited and juxtaposed lines to make the comparison.

Marriott, told the court SCO hasn't complied with a court order to show what lines of Linux code infringed SCO's Unix copyrights and were added by IBM. According to Associated Press, he claimed SCO hasn't provided evidence because it has not got any.

Nevertheless, SCO claimed IBM was refusing to provide all the information it needed to prove its case.

SCO briefs asked U.S. District Judge Dale Kimball to force IBM to provide a "road map" to navigate millions of lines of Unix and Linux code.

Kimball took the motions under advisement and said he would think about it. The case continues. µ