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Not Quite Dead: SCO Linux Suit Against IBM Stirs In Utah
An anonymous reader points to a story in the Salt Lake Tribune which says that
The nearly defunct Utah company SCO Group Inc. and IBM filed a joint report to the U.S. District Court in Salt Lake City saying that legal issues remain in the case, which was initiated in 2003 with SCO claiming damages of $5 billion against the technology giant, based in Armonk, N.Y.
That likely means that U.S. District Judge David Nuffer, who now presides over the dispute, will start moving the lawsuit — largely dormant for about four years while a related suit against Novell Inc. was adjudicated — ahead. What kind of issues? In addition to its claims of IBM misappropriation of code, SCO alleges that IBM executives and lawyers directed the company's Linux programmers to destroy source code on their computers after SCO made its allegations.
The company's other remaining claims are that IBM's actions amounted to unfair competition and interference with its contracts and business relations with other companies.
IBM has remaining claims against SCO that allege the Utah company violated contracts, copied and distributed IBM code that had been placed in Linux and that SCO created a campaign of "fear, uncertainty and doubt" about IBM's products and services because of the dispute over Unix code.
They kept all the documents related to how IBM had put the same header files to some POSIX APIs in Linux as what SCO saw in Unix, right down to the function prototypes being in the same alphabetical order, but sneakily they had changed all the comments to hide their copying. The documents they destroyed were the ones related to the fact that Novel, not SCO owned the copyrights in question. There was no point to keeping those documents, as SCO have already lost that case and exhausted all avenues of appeal.
They filed they aren't threw the bankruptcy yet. A trustee has been appointed and the trustee decided there still are outstanding legal issues.
The SCO that is currently trolling IBM is not the SCO that you remember as "such a good company". There are two SCO's:
* The Santa Cruz Operation (1979-2001). This is the SCO that you remember. They brought us Xenix (bought from M$), SCO Unix and Unixware. This SCO sold their rights to UNIX to Caldera Systems (then primarily known for Caldera/Open Linux and OpenDOS (bought from Novell, which had in turn bought it from Digital Research earlier). In those years they were mostly famous for filing an antitrust campaign against Microsoft). After selling their UNIX servers and services division to Caldera they renamed themselves as Tarantella Inc., after the product line they retained. Tarantella was subsequently bought by Sun Microsystems in 2005, which in turn was bought by Oracle in 2010.
* The SCO Group (2005-), formerly known as Caldera Systems / Caldera International. As Caldera they bought above SCO's UNIX servers and services division and subsequently renamed themselves to "The SCO Group". Like an evil David they tried to topple Goliath IBM by (falsely) claiming in court that programmers from IBM illegally copied code from SCO's OpenServer sources (supposedly their intellectual property was so secret that their allegations of verbatim copying code by IBM was "proven" by presentational slides which had the SCO code shown in Greek alphabet). Around the same time they started selling subscription based Linux licenses to large IT companies (which were led to believe that The SCO Group owned the rights to Linux). This ridiculous scheme went on for several years, until a judge decided, once and for all, that enough was enough and told them to bugger off, as in the meantime, it had become clear in a separate lawsuit that Novell was in fact the owner of the UNIX copyrights, not the SCO Group.
And on the Eighth Day, Man created God.
According to SCO's website:
Wasn't it proven that Novell owned any and all copyrights involved here? How long do you get to publicly libel someone (like everyone who uses Linux) before a judge can order you to cease and desist that idiocy?
Dewey, what part of this looks like authorities should be involved?
For those who don't recall Caldera also put out the screwy RedHat derivative/clone that attempted to create a 'registry' for Linux. I once witnessed a Caldera representative visiting a Linux enthusiasts group unable to give away 5 free install CDs. Yes, it really was that bad.