Monday | 8 September, 2008
CIO
The SCO Slugfest
Scott Berinato 13 September, 2004 14:19:47

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NOVELL

Claim: Slander of title

Filed: January 20, 2004

Details: When SCO went public with its claims, Novell responded by claiming ownership of some Unix copyrights, which Novell said could make SCO's claims invalid. SCO in turn claimed that it took ownership of those copyrights when it bought the Unix System V source code in 1995. (See "How SCO Came to Own Unix Source Code", below.)

SCO's suit here is akin to a charge of trespassing. Novell, SCO says, is trying to claim ownership of something SCO already owns. SCO is also accusing Novell of trying to stall the case and confuse the marketplace.

Status: Novell filed a motion to dismiss, which has been denied. SCO filed a motion to move from federal to state court, which was also denied. The court has asked SCO to specify the damages that have resulted from Novell's actions. SCO Was Suing . . .DaimlerChrysler

Claim: Breach of contract

Filed: March 3, 2004

Details: In this case SCO claimed contractual violations, not copyright violations, because DaimlerChrysler is a Unix licensee and AutoZone isn't. SCO claimed it gave DaimlerChrysler 30 days to certify that it was in compliance with SCO's licensing terms. SCO said the automaker hadn't certified compliance, thus breaching the contract.

Status: In late July, Judge Rae Lee Chabot of the Circuit Court for the County of Oakland, Michigan granted DaimlerChrysler's motion for a summary judgment dismissing the suit, except for the charge that the automaker didn't respond quickly enough to a request from SCO for certification that it was complying with a Unix licence agreement. A SCO spokesman said the Lindon, Utah-based vendor is reviewing its legal options based on the judge's decision.

SCO Might Sue . . .SGI

Details: SCO accused Silicon Graphics Inc. (SGI) of contributing Unix System V source code to Linux. In an open letter to the Linux community, SGI acknowledged some "trivial" duplications of source code and then offered patches to replace those duplications with fresh code.

SCO had also charged SGI with violating its Unix license with another piece of software, XFS. SGI denies this.

Status: SCO officials publicly state that suing SGI remains an option and the two companies have been "in discussions".

SCO Is Being Sued by . . .Red Hat

Claims: False advertising, deceptive trade practices, unfair competition, tortious interference, trade libel and disparagement, among others

Filed: August 4, 2003

Details: Red Hat, an IBM partner on Linux, hit SCO with seven claims. Red Hat says that SCO's public legal campaign is based on false and misleading claims, the only purpose of which is to make customers wary of investing in Linux and thus Red Hat.

Status: SCO filed for dismissal. Judge stayed the case until the IBM case is resolved. Red Hat filed a motion to reconsider. No ruling yet.

IBM

Counter claims: Breach of contract, unfair competition, unfair and deceptive trade practices, breach of the GNU General Public License (GPL) and patent infringement, among others

Filed: August 6, 2003

Details: Big Blue answered SCO's lawsuit with 10 counterclaims. IBM is charging that SCO is maliciously attacking major IBM products, Linux and Unix, which is having a damaging effect on IBM's business. IBM also says that SCO didn't provide sufficient warning before revoking IBM's "perpetual and irrevocable" license to the Unix System V code.

In addition, IBM claims that SCO itself used and sold Linux products under the GPL. In other words, IBM is saying that SCO violated the very agreement it's now accusing others of violating.

IBM also identified four of its own patents that it claims SCO has violated. In effect, IBM is saying: "You want a fight? You got it."

Status: Will be heard with original SCO v. IBM case starting in November 2005.

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