IBM Adds SCO Counterclaim Charging Copyright Infringement

linuxjack55 writes "According to Yahoo! Finance, IBM has filed yet another counterclaim against SCO, this time claiming that SCO 'infringed IBM's copyrights by distributing IBM's contributions to Linux after SCO had violated its Linux license by claiming a copyright on parts of Linux.' Like it or not, it looks like the GPL is going to get a full vetting in this case. It is, however, nice to know that IBM's fire-breathing legion of IP lawyers is on the side of the GPL."

Comments

SCO responds.

[eddy]

This just in.

Stowell disputed the idea that SCO could no longer distribute Linux. "We're the copyright holder for the core Unix operating system. If we want to charge someone a licensing fee for using our copyrighted software that's gone into Linux, then we have that prerogative," he said. "If we want to continue to distribute Linux to our existing customers, we can do that because we own the copyrights on that Unix software."

I'll just let that... sink in.

More than just a GPL issue

[CgiJobs]

The claim also states "SCO has published false statements in a series of widely-distributed press releases ... as part of its bad faith campaign to discredit IBM's products and services in the marketplace ... IBM has suffered damages in an amount to be determined at trial."

Hopefully, this will require SCO to reveal more evidence since IBM is claiming that SCO's current practices are causing damage. In related news, SCO stock continues to drift lower under heavy volume...

Re:Correction

[pavon]

Thats right, IBM has not a single OS of their very own :)

Re:Pump and dump now!

[pyrrho]

I see 12 replies, so maybe this will be redundant.

The thing is, the GPL says you cannot have royalty generating IP in a GPL covered product. When SCO found out their IP was in there, they had to remove it. They had to RECALL IT! That's right, they had to recall their shipped copies of linux, not because their customers had no right to SCO IP, but because they don't have a right to everything else. E.g. you can't have GNOME because you have that under GPL, the violating IP means you don't have the GPL, and therefore SCO can't ship linux because of all the IP in there that does not belong to them. Of course the best example is not GNOME, but the parts of the kernel that are comingled with supposed SCO IP.

So when SCO indemnifies SCO Linux customers, they were saying SCO wouldn't sue them, but in reality, IBM now can! Those customers are using IBM IP without a license (because the GPL doesn't apply while SCO's royalty generating IP is in there with it!)

Re:You reap what you sow.

[AJWM]

I read and re-read it and I can't make heads or tails out of what they are saying.

Essentially, IBM is invoking section 4 of the GPL, which reads in part:

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.

SCO has done a number of things that certainly violate the spirit and probably the letter of the GPL (extra licensing, etc. -- and if the rumors are true, they've backported Linux code into their proprietary Unixes). Under section 4, this terminates SCO's rights to distribute Linux. IBM has copyright on its contributions to Linux, therefore SCO has been distributing IBM's (and ever other Linux contributer's) code without a license. That's copyright infringement.