IBM bites back against SCO over Linux
IBM bites back against SCO over Linux
The long running legal battle over Linux is set to rumble on after IBM filed counterclaims against SCO concerning the open source operating system.
Among the allegations made by IBM against the Utah-based company is that it breached the terms of the General Public License (GPL) under which it distributed a version of Linux. IBM also claims that SCO software violates four of IBM's patents. The offending software in question, according to IBM, is SCOs UnixWare and OpenServer operating systems, SCO Manager remote administration tool and Reliant HA package.
SCO initiated the multi-billion dollar legal brawl back in March when it sued IBM for $US3 billion, claiming that Big Blue moved proprietary Unix code into Linux and breached the terms of its Unix license with SCO.
Additionally, SCO said that Linux users should pay SCO a fee or face potential legal action, which has caused uproar and a great deal of uncertainty in the industry.
IBM says that SCO does not have the right to rescind its Unix license, a claim that is supported by Novell, the former owner of the Unix System V source code that sold IBM its license. IBM claims the license is perpetual and continues to sell systems that run both Linux and Unix.
Earlier this week, Linux distributor Red Hat filed a separate lawsuit against the SCO, claiming that accusations of copyright infringement against the open source operating system issued by SCO were "unfair and deceptive."
It is widely thought by legal experts and industry analysts that the two lawsuits will take much of the initiative away from SCO by forcing them into defensive mode, which may in turn result in moves to settle the dispute early.
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