SCO v. IBM - Factbites

SCO v. IBM - Factbites
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Topic: SCO v. IBM

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	SCO v. IBM - Wikipedia, the free encyclopedia
		The contract between IBM and ATandT (to which SCO claims to be successor in interest) allows IBM to use the SVR4 code, but the SVR4 code, plus any derivative works made from that code, must be held confidential by IBM.
		Since SCO has never seen the AIX code, it has, as part of the discovery process, deposed IBM for the AIX code, so that it can compare AIX code to Linux kernel code.
		SCO claimed that IBM had, without authorization, contributed SCO's intellectual property to the codebase of the open source, Unix-like Linux operating system.
	en.wikipedia.org /wiki/SCO_v._IBM_Linux_lawsuit (3676 words)

	Attorneys: SCO v. IBM Remains Murky
		IBM, and other vendors with contractual relationships with SCO that contributed to Linux are another matter, though even that area is murky, Radcliffe said.
		SCO claims the AIX code IBM contributed is a derivative work of SCO's Unix System V and UnixWare intellectual property, making Linux an "unauthorized derivative" of Unix, according to SCO.
		SCO (formerly Caldera), a founding member of the UnitedLinux group and until recently a Linux distributor, upset the Linux party in March when it turned its legal guns on IBM (Quote, Chart) with a $1 billion (now raised to $3 billion)
	www.internetnews.com /dev-news/article.php/2243311 (1791 words)

	FSF - FSF's Position Regarding SCO's Attacks on Free Software
		SCO Scuttles Sense, Claiming GPL Invalidity by Eben Moglen, released on Monday 18 August 2003.
		Much press coverage has been given in the last months to SCO's press and legal attacks on Free Software and the GNU/Linux system.
		IBM by Eben Moglen, released on Friday 27 June 2003.
	www.fsf.org /licensing/sco (345 words)

	NewsForge SCO v. IBM Part Deux
		I have a feeling that many people would rather see IBM win the case on the basis of the facts -- i.e., that they did NOT illegally incorporate SCO IP into Linux, and that all the contributions they made were in fact their own property, which they were free to do with as they pleased.
		However, when push comes to shove, If IBM could simply make the pain go away and quietly shut down SCO with a minimum of fuss, and more important, protracted and EXPENSIVE legal proceedings, they I can see how they might be tempted to take the easy way out!
		SCO apologizes to this Court for filing a motion deficient in that manner." This response is the legal equivalent of forgetting to tie your shoes and then falling down in court.
	www.newsforge.com /newsvac/03/10/27/2118240.shtml (509 words)

	Eben Moglen - SCO v. IBM
		SCO, you are distributing our copyrighted work in the Linux kernel because you do not dispute that we have works of authorship that we have contributed to the Linux kernel and that we had a right to contribute.
		IBM, that you took that code under license from ATandT, made AIX out of it and then turned around and contributed it to the Linux program, and when you did that you gave it away in a free software sense, which goes beyond what the license allowed you to do.
		When SCO began to threaten users of the Linux OS kernel with taking additional license terms, it was laying itself open to a counter claim under GPL, a counterclaim, which IBM then filed at the end of the summer.
	www.itconversations.com /transcripts/61/transcript-print61-1.html (4901 words)

	LWN: Transcript of SCO v. IBM motion to compel hearing
		sco is very likely trying to sculpt what little they have for the eyes and ears of a jury.
		if this is the only provision given on work added by IBM then this certainly doesn't stop IBM from taking their own copyrighted work, what they've added to the originally licensed Unix to create a new derivative work of Unix, and put that same work into Linux to create a new derivative work of Linux.
		I think IBM has way more of a right to uter this crap about MVS.
	lwn.net /Articles/62817 (989 words)

	May 2003 - Wikipedia, the free encyclopedia
		IBM Linux lawsuit: Apparently noticing the incongruity of their selling a Linux distribution while suing IBM for stealing their intellectual property and giving it to the developers of that operating system, the SCO Group (formerly Caldera) announces they will no longer distribute Linux.
		IBM Linux lawsuit: Novell enters the lawsuit between the SCO Group and IBM with a press release concerning the SCO Group's ownership of UNIX.
		King Mohammed VI of Morocco releases 9459 prisoners from Morocco's prisons in celebration of the birth of his first son and heir, who was named Prince Hassan.
	www.hartselle.us /project/wikipedia/index.php/May_2003 (989 words)

	SCO
		SCO Group - Company originally known as "Caldera Systems", which acquired several things from Santa Cruz Operation in 2001.
		SCO Announces Official Closing of Sale of two Divisions to Caldera - Press release, 2001.
		Among those: source code for UNIX, two divisions of the former Santa Cruz Operation, and the "SCO" trademark.
	www.icyclopedia.com /encyclopedia/s/sc/sco.html (989 words)

	The SCO Group, Inc. SCO Grows Your Business
		End users who purchase this license will be covered for their use of SCO's intellectual property in binary format in Linux distributions on the licensed system.
		SCO is the owner of the UNIX Operating System Intellectual Property that dates back to 1969, when the UNIX System was created at AT&T's Bell Laboratories.
		Many IT users are concerned about using Linux since they have become aware of the allegations that Linux is an unauthorized derivative work of the UNIX® operating system.
	www.sco.com /scosource (989 words)

	the SCO v IBM info website
		Aug. 13: SCO announces the revocation of the UNIX license for IBM subsidiary Sequent.
		SCO has embarked on irrational adventures I can only describe as suicidal, and highly damaging not only to themselves but to businesses that publish and use Unix and Linux on their systems.
		If SCO showed a patent or other public document to someone bound by the NDA, that person would not be allowed to discuss it even if he or she had been previously aware of it, Ravicher said.
	sco.iwethey.org (989 words)

	July 2003
		IBM Linux lawsuit: SCO Group announces that it intends to sell binary-only licences to use the free Linux operating system which will remove the threat of litigation from licence-holders.
		Linux advocates react by stating that SCO has no basis for this action, and that doing this may cause SCO to forfeit their rights under the GNU GPL to use or distribute Linux or Linux-derived code in any form.
		World War I Bombing of Dresden California US Constitution Frank Sinatra Boston Marbury v.
	www.worldhistory.com /wiki/J/July-2003.htm (989 words)

	Someday the mountain might get 'em, but the law never will.
		SCO threatened to shut down Linux, claiming it was infringing on their copyrights.
		Microsoft was worried about Linux, so they sent SCO to go cause them some trouble.
		Microsoft was supporting SCO financially so they could continue the case.
	www.arie.org /doh (989 words)

	Linux Pipeline News IBM Countersues SCO
		IBM last week went on the offensive against SCO Group Inc., filing an amended counterclaim that alleges, among other things, that SCO infringed on IBM copyrights and patents and breached a contract with IBM.
		The filing, made in the U.S. District Court for the District of Utah, in effect turns the tables on SCO, which in May launched what has become a $5 billion lawsuit against IBM alleging, among other things, that IBM misused and misappropriated SCO-copyrighted Unix System V source code in Linux.
		SCO in February dropped its claim that IBM had misappropriated SCO trade secrets, but it continues to insist that IBM is infringing upon SCO's Unix copyrights.
	www.linuxpipeline.com /showArticle.jhtml?articleID=18900459 (989 words)

	GROKLAW
		SCO and IBM Stipulate to Small Delay on Filings Until Nov. 30 and It Is So Ordered
		SCO and Novell Stipulate to Delay for SCO Response - SCO v.
		SCO's Updated Report on Unsealing Docs in SCO v.
	www.groklaw.net /staticpages/index.php?page=20030831173953678 (989 words)

	Judge orders SCO to show Linux infringement CNET News.com
		In a motion Wednesday, IBM criticized SCO for delivering source code to IBM that had been printed on 1 million sheets of paper.
		SCO is seeking source code to versions of Unix that IBM has developed and sold.
		The information IBM sought is at the heart of the case, a bold lawsuit SCO began in March that alleges IBM moved technology from Unix to Linux against the terms of its contract with SCO, violating trade secrets in the process.
	news.com.com /2100-7344_3-5114689.html (989 words)

	SCO claim reaches $5 billion Tech News on ZDNet
		As previously reported, SCO's latest amendment to the IBM suit incorporates several new claims, including allegations that IBM violated SCO copyrights by continuing to distribute Unix and Unix-derived products, presumably including Linux, after SCO terminated IBM's Unix license.
		SCO rattled the technology world last year when it sued IBM, claiming that the computing giant illegally incorporated into its Linux software source code from the Unix operating system, which SCO controls.
		SCO said in a statement that both sides offered motions on Friday to compel discovery, with the court expected to rule on the issue in about a week.
	news.zdnet.com /2100-3513_22-5154719.html (1037 words)

	Amiga.org - News
		It is. What SCO are saying is that IBM took technology from the Unix version they licensed from SCO (a long time ago) and contributed it to Linux, therefore opening it up for copying and breaking the license conditions.
		Second, I'm waiting for IBM to drive SCO into the dust and then pick up the remains at a firesale pricing to pay off any debts SCO may owe.
		IBM is one beast that no one should pick on if they want to survive.
	www.amiga.org /modules/news/article.php?storyid=2196 (1037 words)

	I, Cringely . May 29, 2003 - Going for a Streak-Free Finish PBS
		If SCO gets any money from IBM, it will be a decade from now, which probably explains the steep drop of SCO's stock on Wednesday even though the company reported good financial results. The market has already decided that SCO can't win.
		Yes, IBM put more effort and lines of code into an S/390 port of Linux. However, the result certainly would not have been anything anyone else could use, and certainly wouldn't be something SCO could lay claim to.
		IBM has kept its AIX version of Unix viable and distinctly separate. The latest generation, version 5.xL, includes mainframe (S/390) logical partitioning. This OS exploits the capabilities of IBM's multiprocessor p6x0 series technology. Linux has nothing like this logical partitioning, nor does SCO.
	www.pbs.org /cringely/pulpit/pulpit20030529.html (1037 words)

	Sun expands Unix deal with SCO Tech News on ZDNet
		The highest-profile result of that effort has been an SCO lawsuit against IBM that alleges IBM misappropriated SCO trade secrets and violated its Unix contracts, for which SCO now is seeking more than $3 billion.
		That type of action is at the heart of SCO's IBM lawsuit, which claims that IBM took code it initially developed for its AIX version of Unix and then moved it to open-source Linux projects.
		SCO declined to comment on terms of the license deals with Sun and Microsoft, but SCO said in May that it earned $8.3 million in revenue in the quarter ended April 30 as a result of the licenses.
	news.zdnet.com /2100-3513_22-1024633.html (1147 words)

	I, Cringely . May 29, 2003 - Going for a Streak-Free Finish PBS
		If SCO gets any money from IBM, it will be a decade from now, which probably explains the steep drop of SCO's stock on Wednesday even though the company reported good financial results. The market has already decided that SCO can't win.
		IBM has kept its AIX version of Unix viable and distinctly separate. The latest generation, version 5.xL, includes mainframe (S/390) logical partitioning. This OS exploits the capabilities of IBM's multiprocessor p6x0 series technology. Linux has nothing like this logical partitioning, nor does SCO.
		Yes, IBM put more effort and lines of code into an S/390 port of Linux. However, the result certainly would not have been anything anyone else could use, and certainly wouldn't be something SCO could lay claim to.
	www.pbs.org /cringely/pulpit/pulpit20030529.html (390 words)

	SCO bites back on Linux memo claims: ZDNet Australia: News: Software
		SCO also pointed out its legal wrangling with IBM dealt with more recent versions of the Linux code than were mentioned in the memo.
		The 2002 e-mail, published by Internet law site Groklaw as part of its ongoing coverage of SCO's copyright infringement claims against Linux vendor IBM and user Autozone, was sent to a senior vice president at the company by an in-house engineer and later forwarded on to chief executive Darl McBride.
		SCO e-mailed the media a memo sent in 1999 from that external consultant, Robert Swartz, to SCO's Steve Sabbath, who was at the time the company's general counsel.
	www.zdnet.com.au /news/software/0,2000061733,39202609,00.htm (907 words)

	BW Online February 2, 2004 The Most Hated Company In Tech
		SCO's lead lawyer, famed litigator David Boies, could try to sway the jury by portraying giant IBM as a bully putting the screws to a small Utah outfit.
		SCO has an addendum to the contract that it says dealt with the copyright issue, but lawyers who have studied it say the language is ambiguous.
		In its most recent fiscal quarter, SCO had $24.3 million in sales, up 57% from the year before, owing largely to license fees from Microsoft and Sun Microsytems Inc. The non-licensing part of its revenues is mostly sales of its version of the Unix operating system.
	www.businessweek.com /magazine/content/04_05/b3868104_mz063.htm (2348 words)

	SCO Group Inc The News
		SCO Group Inc. can't be happy with a sharp drop in fourth-quarter and full-year revenue as it continues to finance its pricey legal battle against IBM Corp.
		SCO is having a media and analyst teleconference Monday, February 27, at noon Eastern time.
		The SCO Group, a Unix seller locked in several legal battles regarding the intellectual property of Unix and Linux, promoted Tim Negris to executive vice president of sales and marketing on Friday.
	www.topix.net /com/scox (646 words)

	IBM from World Wide Web Find
		IBM On March 7, 2003, the SCO Group (formerly known as Caldera Systems) filed a $1 billion lawsuit in the US against IBM for allegedly "devaluing" its version of the UNIX operating system.
		IBM Linux lawsuit: Press coverage This page lists news articles pertaining to the SCO v.
		IBM dismissed as idle SCO threat to cancel IBM license to ship Unix products starting 13 June, says contracts guarantee its rights.
	www.worldwidewebfind.com /IBM.html (646 words)

	Webstercc.com: IBM
		IBM On March 7, 2003, the SCO Group (formerly known as Caldera Systems) filed a $1 billion lawsuit in the US against IBM for allegedly "devaluing" its version of the UNIX operating system.
		IBM Linux lawsuit: Press coverage This page lists news articles pertaining to the SCO v.
		IBM dismissed as idle SCO threat to cancel IBM license to ship Unix products starting 13 June, says contracts guarantee its rights.
	www.worldwidewebfind.com /IBM.html (646 words)

	BBspot - SCO Group to Shoot Babies
		Others have speculated that if SCO loses the lawsuit, it will use its connections with the Underworld to assemble a massive Army of the Dead, march on IBM headquarters, and crush it into a smoldering oblivion.
		SCO, which stands for "Satanic Cultists' Operation," changed its name from Caldera in 2002, when it was acquired by an obscure organization which exclusively employs 1200-year-old undead trial lawyers.
		They are now embroiled in an ongoing legal battle with IBM, Red Hat, and the Open Source community over alleged copyright infringements embedded inside Linux.
	www.bbspot.com /News/2003/08/sco.html (553 words)

	SCO's Linux Fight - Special Coverage
		Darl McBride, president and CEO of The SCO Group, once thought his company would be finished if it did not win its legal fight with IBM over copyright infringement issues related to Linux.
		The SCO Group's slander lawsuit against Novell will be allowed to continue now that a federal judge in the bitter legal battle has denied Novell's second motion to dismiss the case.
		The SCO Group Inc. is reshuffling its executive staff in an effort to focus more on overseas sales.
	www.computerworld.com /news/special/pages/0,10911,2046,00.html (2327 words)

	Stock News Articles On SCO
		SCO has just, within the past hour, announced that they have fired back against IBM's legal broadside, with one of their own, filing subpoenas against several...
		The SCO Group and IBM have sent off a flurry of subpoenas in the past two weeks as part of their on-going dispute over the Linux operating system, according to...
		SGI, the maker of work stations and supercomputers, says its versions of Linux have only minimal amounts of code that are similar to SCO Group's Unix System V...
	wnw.daylightonline.com /financial/SCO.htm (2327 words)

	E-Commerce News: Open Source: SCO Mulls Terminating SGI License
		Although he referred to SGI's contribution to Linux and its transfer of SCO's Unix System V source code -- the same claims SCO made against IBM -- as well as confidentiality breaches involving disclosure of the code, Stowell said SCO has not made a decision about whether or not to pull SGI's Unix license.
		By aligning itself with the IBM side of the dispute, SGI might be putting SCO in a bind by forcing it to fight "a war on all fronts," according to DiDio.
		SCO would be spread thin suing both SGI and Big Blue while also fighting countersuits by IBM and Red Hat.
	www.ecommercetimes.com /story/31742.html (2327 words)

	SCO sues Novell over copyright claims CNET News.com
		SCO rattled the technology world last year when it filed a $3 billion lawsuit against IBM, claiming that the computing giant illegally incorporated into its Linux software source code from the Unix OS, which SCO controls.
		SCO lobbed a similar surprise before the August version of LinuxWord in San Francisco, when the company revealed steep licensing prices for those who wish to use Linux with SCO's blessing.
		SCO filed a $3 billion lawsuit last year against IBM, claiming that the computing giant illegally incorporated into its Linux software source code from the Unix OS, which SCO controls.
	news.com.com /2100-7344-5143977.html (2327 words)

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