[SLUG] Re: slug] sco/linux/unix IP

From: R P Herrold (herrold@owlriver.com)
Date: Fri May 23 2003 - 22:18:11 EDT


On Thu, 22 May 2003, Paul M Foster wrote:

> > There is a Statute of Limitations on nearly every kind
> > of legal action. If SCO chose not to act on this for
> > so long, don't they forfeit the right to bring legal
> > action now? And, since they've been in this market a
> > while, surely they knew.
>
>
> IANAL, but I believe statutes of limitations apply to criminal
> complaints, not civil cases, of which this is one.

nope -- statutes barring stale actions exist for almost
everything. And even absent express time bars, the
'equitable' doctrine of 'laches' -- sitting around doing
nothing when you knew there was a claim can induce a court to
toss out a claim not yet barred by a statute of limitation.

-- R

---------------start disclaimer-------------------

I_A_AL, but not your lawyer. I offer legal advice and formal
opinion only within the confines of a previously established
and explicit attorney-client relationship where privilege may
be had; and NEVER on a public list server.

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