SCO: IBM's request packs more punch

Salt Lake City Tribune ^ | 04-06-04 | Bob Mims

[WL-law]

IBM not only seeks to have Linux-related copyright infringement charges by Utah's SCO Group dismissed, it wants a federal judge to make sure the allegations are never allowed in court again.

In the latest maneuver filed in SCO's year-old quest for a minimum of $5 billion and maximum of $50 billion in damages from Big Blue, the world's largest computer company asked U.S. District Judge Dale Kimball and Magistrate Judge Brooke Wells to reject the copyright claims "with prejudice," meaning SCO would be prohibited from refiling the same allegations.

SCO sued IBM in March 2002, claiming its proprietary Unix code had been misappropriated and distributed in IBM's Linux-based operating system products. That suit soon was followed by a SCO campaign, first domestically and then internationally, to collect licensing fees on Linux.

In addition to enraging the "open source" community that backs Linux as a freely distributed challenger to Microsoft's long-dominant commercial Windows OS, SCO has since sued Linux-supporter Novell for alleged corporate slander, and AutoZone and DaimlerChrysler for alleged Linux violations. In turn, SCO has been sued by No. 1 Linux distributor RedHat over its Unix-Linux claims.

IBM spokesman Mike Darcy declined Monday to discuss the motion. "The filing speaks for itself," he said.

SCO spokesman Blake Stowell declined comment, saying only that, "I'm sure this is something the company will address in its next legal filing."

IBM's dismissal-with-prejudice motion -- escalating an earlier bid for simple dismissal, without prejudice -- came within its response last week to SCO's most recent, amended complaint. In addition to filing its own allegations of copyright and patent violations, IBM asked the court to rule that it has not infringed on "any SCO copyright through its Linux activities . . . and that some or all of SCO's purported copyrights in Unix are invalid and unenforceable."

IBM's patent claims are related to purported infringements in SCO's UnixWare, Open Server and Reliant HA products.

Meantime, both sides face an April 19 deadline to provide each other with source codes and related correspondence. However, it is SCO's provision of evidence to back its Unix-Linux claims that could prove critical. If SCO fails to satisfy the court, the case -- tentatively scheduled for April 2005 -- could be thrown out.

[Golden Eagle]

So what, defendents ask for their cases to be thrown out all the time as a matter of procedure. However since they already asked once, and were denied, asking again is likely to only irritate the judge.

I'll go on the record and say I am quite certain this will NOT result in the case being thrown out. Care to tie your name to a prediction that it will?

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[sinkspur]

You're obviously going to drown fighting for this litigation-happy SCO. IBM will bury this company under the appeals. SCO will be out of business within two years.

[Golden Eagle]

I'm going against Linux, with or without SCO. It will probably ultimately involve Sun, Apple, Symantec, Microsoft etc in some way or another before it's over. IBM should have partnered with these US comapanies instead of the seemingly communist foreigners like Torvolds. Many of us don't like it, nor do we owe any apologies.

[AFreeBird]

Geez-O-Pete!

Will you PLEASE get off this Linux is a commie plot; bad for America, Mom & Apple pie crap.

You're a broken record, and I mean an old fashioned record, not a DVD. You sound like that lunatic general from Dr. Strangelove.

[Golden Eagle]

Just what I've been predicting all along is starting to materialize. But if the before unimaginable pairing of Microsoft and Sun doesn't slap some sense into you, nothing probably will.

[Naspino]

The bigger question to me is what is Microsoft doing in the Linux world? They seem to be actively pushing the development on Mono. A trojan horse that might let all of its server applications move into Linux.

[pointsal]

Golly,.... another story about Utah and business scammers

Is anyone connecting the dots here?

[antiRepublicrat]

I'll go on the record and say I am quite certain this will NOT result in the case being thrown out. Care to tie your name to a prediction that it will?

The copyright portion of the motion is not the whole case. IIRC, a bit of copyright claim was added by SCO late in the game, when they dropped their trade secrets claim. The main part of the case is still a contract dispute.

Given that, I'd say there is good chance that part of IBM's motion will be granted as relates to copyright of code in Linux unless SCO comes up with a smoking gun pretty quick (and I don't see that happening). The judge in the Red Hat/SCO case seems to think something will happen reasonably soon on the copyright issue since she's put that case on hold until something is decided in this case (SCO's motion to dismiss denied).

[antiRepublicrat]

You sound like that lunatic general from Dr. Strangelove.

I think Linux is taking his fluids.

[steve-b]

Sorry, Tweety Bird. The judge's response to the first request was to give SCO one last chance to show that they had a case. SCO responded with more of their Chewbacca Defense antics. That's what's going to irritate the judge, and result in the dismissal with prejudice of their spurious claims.

[steve-b]

You sound like that lunatic general from Dr. Strangelove.

I can no longer sit back and allow Linux infiltration, Linux indoctrination, Linux subversion and the international Linux conspiracy to sap and impurify all of our precious bodily fluids.