SCO abandons trade secret attack on IBM
But keeps fighting
The SCO Group abandoned a major rationale of its case against IBM by dropping its trade secret claims. These were the basis, last June, for SCO revoking IBM's UNIX license. IBM didn't blink, and has simply carried on selling its AIX Unix without blinking. But today SCO dropped the trade secrets and claimed breach of copyright instead.
But such claims need proof, and it proved to be another hearing in which the SCO Group vs. IBM without the Utah company showing any infringing code. SCO also admitted to not producing documents that IBM had requested.
In fact, IBM used Darl McBride's braggadocio performance at Harvard this week against him.
Darl McBride had stated that there "is roughly a million lines of code that tie into contributions that IBM has made and that's subject to litigation that is going on. We have basically supplied that."
"No you haven't" IBM replied, "and if you had we'd be seeing them today," in so many words. "SCO has identified no more than around 3,700 lines of code in 17 AIX or Dynix files that IBM is alleged improperly to have to have contributed to Linux." IBM describes this as a "significant disparity." As indeed it is.
"SCO abandons any claim that IBM misappropriated its trade secrets, concedes that SCO has no evidence that IBM improperly disclosed System V code, and acknowledges that SCO's contract case is grounded solely on the proposition that IBM improperly disclosed portions of BM's own AIX or Dynix products, which SCO claims to be derivatives of Unix System V," according to IBM's compliance report on the Court's order from Dec 12.
"SCO refuses to disclose from what lines of UNIX System V code these alleged contributions are supposed to derive, which it must to allege the contributions were improper … and a number of the allegedly improper contributions are not disclosed with adequate particularity (eg SCO claims IBM improperly disclosed "SMP" but does not specify the files or lines of code allegedly 'dumped' into Linux, or the files and lines of Linux in which they are supposedly found. SCO also fails properly to identify and describe all of the materials in Linux to which it claims to have rights and whether, when, to whom, and under what circumstances and terms it ever distributed those materials."
The Judge will rule in around a week. ®
US markets warm to Linux makers over SCO
Open Source thieves stealing my American code - SCO boss
SCO sues Novell - retaliation expected
SCO surrenders claims to System V?
The SCO IP license: now it's Europe's turn
SCO sort of thinks there are Linux IP violations, but isn't quite sure
SCO targets Novell, steps into new legal trouble
SCO pesters Fortune 1000 for money (again)
IBM draws first blood in SCO Linux battle
Don't say nothing to the SCO cops, Gartner advises Linux users
We reveal major UNIX™ IP violations
SCO admits: Linux jihad is destroying our business
SCO says GPL unenforceable, unconstitutional and void
Against SCO’s GPL jihad: one size doesn't fit all
The GPL will win, claims law prof.
SCO blinks - bill us when you can
SCO: irrevocable doesn't mean forever
SCO set to take SGI's Unix licence away
HP hides its secret SCO shame
SCO still offers 'infringing' Linux source code
IBM sues SCO for selling Linux
SCO ready to clean out Linux users for $1399 per CPU
SCO and Linux: this one will run and run
SCO not playing by Aussie Rules
SCO says it's time for Linux users to pay up
SCO pulls AIX licence, calls for permanent ban
SCO's Second Amendment rebuffs Novell Unix claim
Novell torpedoes SCO's Unix IP claim
Come and get your Linux: SCO opens door to suing self?
MS blesses SCO, licenses Unix
SCO invokes RIAA in Linux jihad
SCO sues IBM for $1 billion for 'devaluing Unix'