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."
eWeek has an interview with Ransome Love, the former CEO of Caldera/SCO where he comments on SCO's current lawsuit and what Caldera's intentions were when they purchased the Unix source from the original SCO.
Some interesting bits of information are that Caldera originally wanted to open source the Unix code they had purchased and that Ransom Love sold all of his shares in SCO when they announced the lawsuit with IBM.
Here's a nice quote from Love: "I don't believe that the suit is good for the company or Linux."
infested with jello like fishes no melotron wishes
Everyone is missing what this manuver does... SO far, SCO's ACTUAL FILED allegations are about a contract dispute with IBM.
They keep making their copyright claims in press releases.
By IBM introducing copyright violations into the suit themselves, THEY FORCE SCO TO RESPOND. Also, IBM can get the code that SCO claims is in Linux in the discovery phase.
This thing is quickly going nuclear. I notice the stock's dump has started to level off, guess Melinda Gates is spending more pocket change...
Corporatism != Free Market
It is actually a brilliant move by IBM. Either of the following will happen:
a) SCO says the GPL is valid and that they are free to distribute under the terms of the GPL - thereby making IBM's claim superflous AND also making Linux (and any theoretical infringing code therein) available to all users under GPL with no need of licensing from SCO.
b) SCO says the GPL is invalid - thereby making IBM's couterclaim true - thereby making themselves subject to endless lawsuits for delivering code that they don't have a license to - thereby insuring the timely demise of SCO due to lack of legal funds.
SCO can't win. They can't have it both ways. They are in a very bad legal quagmire.
Paul Seamons
So how come most of the trouble with software patents has come from small companies or even individuals with almost no money taking on big companies?
According to your theory, Microsoft should have blown Eolas out of the water right from the start.