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IBM Asks Court To Declare Linux Non-Infringing

Posted by kdawson on from the decisive dept.

A Cyclic Graph writes "We finally have a redacted version of IBM's Reply Memorandum in Support of Summary Judgment on Counterclaim 10 in SCO v. IBM. In short, IBM is asking the Court to declare that Linux doesn't infringe upon any of SCO's purported intellectual property. This document is the last word on that matter until the Court either declares there to be no doubt that Linux is free of infringement, or decides that that issue has to be decided by the jury. In their brief, IBM points out that SCO puts forth a convoluted set of non-answers referencing each other to disguise it's inability to answer IBM. Their set of cross-references is so complex that Groklaw readers graphed the claims to make what little sense of them they could."

3 of 133 comments (clear)

  1. Hey men, call me crazy but by vivaoporto · · Score: 5, Funny

    That graph is the very image of the mighty Flying Spaghetti Monster! Seems like he will soon touch SCO people with His noodly appendage. That explains why SCO called Linux people pirates tho, seems like it was some kind of flattery, or something like that.

  2. It's a race by EmbeddedJanitor · · Score: 5, Informative
    Remember that SCO's lawyer is Darl's brother. They're probably trying to get as much SCO money salted away by paying legal fees.

    IBM does not really benefit is suing. SCO is broke. What are they going to get?

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    Engineering is the art of compromise.
  3. Re:This could set an interesting precident by zcat_NZ · · Score: 5, Insightful

    "Without copyright the GPL would be unenforceable. It would also be unnecessary."

    Completely untrue.

    Without copyright, companies could (perhaps would have no choice but) release binary-only software with strong "product activation" which could take a while to crack. The next version of Microsoft windows and all future propriatory software would require hardware TPM. Hardware manufacturers would stop documenting anything at all, because they have no other protection for their designs.

    And they'd be completely free to take and modify previously open-source code to do it.

    Without any copyright protection, OSS would be dead in fairly short order.

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    455fe10422ca29c4933f95052b792ab2