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SCO Gives Friday Deadline To IBM

Posted by simoniker on from the friday-the-thirteenth-indeed dept.

bcisys writes "Reuters is reporting that SCO is planning to revoke IBM's license to Unix this Friday unless IBM settles SCO's claim that parts of its Unix code are being used in Linux. 'If we don't have a resolution by midnight on Friday the 13th, the AIX world will be a different place', SCO President and Chief Executive Darl McBride told Reuters News. 'We've basically mapped out what we will do. People will be running AIX without a valid license.'"

3 of 914 comments (clear)

  1. Re:I's like to know if... by RedWizzard · · Score: 5, Informative
    From the article, IBM's response:

    "IBM believes that our contract with regard to AIX is irrevocable and perpetual and there is nothing further to discuss".

  2. but they WON'T be unlicensed! by Artifex · · Score: 5, Informative
    Come Friday, everybody will be happily running unlicensed copies of AIX in the knowledge that IT WON'T MAKE ANY DIFFERENCE


    Except that licenses prior to this threatened expiration are still valid. SCO is really telling a bald-faced lie when it claims that it can de-license people who already have licenses.
    --
    Get off my launchpad!
  3. Re:is this extortion? by mec · · Score: 5, Informative

    Why don't y'all read the contract for yourself?

    SCO lawsuit against IBM

    Read Exhibit A, Exhibit B, and Exhibit C, in particular.

    SCO can revoke the license for breach of contract. The procedure for doing this is not at all clear.

    My question is: what is SCO going to ask a court to do? Is SCO going to ask for a preliminary injunction, or what?

    The test for a preliminary injunction is: (1) the moving party's chances of success on the merits of their case and (2) the "balance of harm": how much harm that SCO suffers if they do not get a preliminary injunction, and how much harm IBM suffers if SCO does get a preliminary injunction.

    On part (1), it's anyone's guess.

    On part (2), the "balance of harm" strongly favors IBM.

    SCO does not claim that IBM's distribution of AIX has harmed SCO in any way whatsoever. Thus, stopping the distribution of AIX will have zero effect on SCO's alleged suffering. In contrast, stopping the distribution of AIX will have an immediate, large, irreparable effect on IBM in the marketplace. It is grossly unfair to subject IBM to such a penalty without a trial on the merits first.

    If not a preliminary injunction, what else could SCO do after Friday the 13th?

    Disclaimer: IANAL
    Disclosure: I am short SCOX

    ('disclaimer' and 'disclosure' mean subtly different things ... I always wanted to use them both in the same post!)