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Judge Orders SCO to Show Linux Infringement


— December 5, 2003

IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.
But SCO also said it will open a new copyright infringement claim in its legal attack.

In a hearing in Salt Lake City, Federal Judge Dale A. Kimball required SCO to produce two key batches of information IBM had sought in the case.

In one batch, called Interrogatory No. 12, IBM sought “all source code and other material in Linux…to which plaintiff (SCO) has rights; and the nature of plaintiff’s rights.” In the second, Interrogatory No. 13, Big Blue sought a detailed description of how SCO believes IBM has infringed SCO’s rights and whether SCO ever distributed the source code described in Interrogatory No. 12.

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. SCO is seeking $3 billion from Big Blue, and is also trying to compel Linux-using corporations to license SCO’s Unix. The judge’s decision is one of the first moves in a case that will affect not just IBM but also other computing giants including Oracle, Hewlett-Packard, SAP and Dell that have embraced Linux.

Looks like it may be time for SCO to finally shit or get off the pot. Lots more details here from CNET News.com.


IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.
But SCO also said it will open a new copyright infringement claim in its legal attack.

In a hearing in Salt Lake City, Federal Judge Dale A. Kimball required SCO to produce two key batches of information IBM had sought in the case.

In one batch, called Interrogatory No. 12, IBM sought “all source code and other material in Linux…to which plaintiff (SCO) has rights; and the nature of plaintiff’s rights.” In the second, Interrogatory No. 13, Big Blue sought a detailed description of how SCO believes IBM has infringed SCO’s rights and whether SCO ever distributed the source code described in Interrogatory No. 12.

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. SCO is seeking $3 billion from Big Blue, and is also trying to compel Linux-using corporations to license SCO’s Unix. The judge’s decision is one of the first moves in a case that will affect not just IBM but also other computing giants including Oracle, Hewlett-Packard, SAP and Dell that have embraced Linux.

Looks like it may be time for SCO to finally shit or get off the pot. Lots more details here from CNET News.com.

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