SCO: Fortune 500 Company Buys License, IBM Retort

An anonymous reader writes "SCO announced today that an undisclosed Fortune 500 company purchased Linux licenses for each of their servers running in their business. SCO: 'This Fortune 500 company recognizes the importance of paying for SCO's intellectual property that is found in Linux and can now run Linux in their environment under a legitimate license from SCO. We anticipate this being the first of many licensees that will properly compensate SCO for our intellectual property.'" kanly writes "The full text of IBM's countersuit against SCO is now online at LWN." M : Our own Roblimo has a pretty good take on it. Keep in mind that SCO could sell a blanket license for $1, for the publicity value.

Comments

The best bits from IBM...

[26199]

No idea what most of this means, but it sounds very impressive :-)

First Defense

The complaint fails to state a claim upon which relief can be granted.

Second Defense

SCO's claims are barred because IBM has not engaged in any unlawful or unfair business practices, and IBM's conduct was privileged,performed in the exercise of an absolute right, proper and/or justified.

Third Defense

SCO lacks standing to pursue its claims against IBM.

Fourth Defense

SCO's claims are barred, in whole or in part, by the applicable statutes of limitations.

Fifth Defense

SCO's claims are barred, in whole or in part, by the economic-loss doctrine or the dependent-duty doctrine.

Sixth Defense

SCO's claims are barred by the doctrines of laches and delay.

Seventh Defense

SCO's claims are barred by the doctrines of waiver, estoppel and unclean hands.

Eighth Defense

SCO's claims are, in whole or in part, pre-empted by federal law.

Ninth Defense

SCO's claims are improperly venued in this district.

Tenth Defense

SCO has failed, in whole or in part, to mitigate its alleged damages.

Take that, SCO! ;-)

Re:The best bits from IBM...

[anesq.]

Excellent interpretation, except for the last one.

"10) Even when they (SCO) found what they say we (IBM) did wrong, they didn't try to stop it first, they just went straight to the lawyers."

Should be more like:

10) Even if we did something wrong (which we didn't) SCO isn't allowing anyone to remove its supposed code, so any damages they suffer they have brought upon themselves.

Re:To the unnamed company

[Mikey-San]

Ah, indeed, I'm incorrect:

http://www.historybuff.com/library/refbarnum.htm l

Fairly obscure, so I'm not too upset that I didn't know. ;-)

Call Now!

[blunte]

Chuckle...

For more information on the SCO Intellectual Property License for Linux, contact SCO by calling (800) 726-8649

I wonder what a million phone calls and requests for written information would do for SCO? :) Perhaps all Linux users should at least request written (paper) documentation on all information from SCO.

Re:There is one word to describe these people:

[MuParadigm]

An undisclosed Fortune 500 company paid an undisclosed amount for an undisclosed number of licenses for undisclosed code in the Linux kernel.

Is anyone else skeptical? Or is it just me?

Re:There is one word to describe these people:

[eric76]

SCO's stock price had been declining, for the most part, all day. But then the announcement of the license purchase seems to have helped them pull it back up a bit.

There was a rather interesting dip to $8.27 a share from around $9.00 a share just before they released the news.

See SCOX on finance

Re:I know who bought it..

[maxume]

Right. Check out the revenues for Omega Protein Corp. 25.1 Million probably isn't going to get them into the Fortune 500.