Feeds

SCO vs. IBM vs. SCO: Is the end in sight?

Big Blue seeks declaratory judgement

  • alert
  • submit to reddit

High performance access to file storage

IBM has asked the US courts to absolve it of any claims of copyright infringement made by SCO, a year into the court battle over the ownership of sections of UNIX code.

The company has filed papers with the US District Court in Salt Lake City, seeking a judgement similar to that Red Hat asked for in its countersuit to SCO’s copyright infringement claims.

News.com reports that it asks the court to make a declaratory judgement that "IBM does not infringe, induce the infringement of or contribute to the infringement of any SCO copyright through its Linux activities, including its use, reproduction and improvement of Linux, and that some or all of SCO's purported copyrights in Unix are invalid and unenforceable."

According to GrokLaw, this means IBM defines this as a true copyright fight, not a contract dispute.

The site explains: "SCO will have to prove they own these copyrights now, no matter what the judge rules on SCO's Motion to Remand in the Novell matter. And they will have to show the code they claim is infringing and prove they hold copyright ownership of that code and that the copyrights they hold relate to the allegedly infringing code. Considering that they have publicly admitted that they don't own the copyrights to the allegedly infringing code, it will be interesting to see how they answer this."

The implications for the other parties being sued by SCO are not yet clear. Even if the court grants IBM’s request for a declaratory judgement, SCO could still argue that other cases, such as those against AutoZone and automaker DaimlerChrysler, are not dependent on its suit against IBM.

IBM has also dropped a claim that SCO has infringed on one of its patents, in accordance with SCO’s request that this be split into a separate case. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
Microsoft: Windows version you probably haven't upgraded to yet is ALREADY OBSOLETE
Pre-Update versions of Windows 8.1 will no longer support patches
OpenSSL Heartbleed: Bloody nose for open-source bleeding hearts
Bloke behind the cockup says not enough people are helping crucial crypto project
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Windows XP still has 27 per cent market share on its deathbed
Windows 7 making some gains on XP Death Day
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
US taxman blows Win XP deadline, must now spend millions on custom support
Gov't IT likened to 'a Model T with a lot of things on top of it'
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.