Color me surprised…

Judge slams SCO’s lack of evidence against IBM | CNET News.com

“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,” Kimball wrote Wednesday. “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.”

One wonders just why the judge didn’t issue a summary judgement against SCO.

For more legal commentary, try groklaw.