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SCO group ordered to show Linux infringement
A judge has ordered SCO Group to show within 30 days the Linux software it believes it has rights and to clearly highlight where it claims IBM is infringing. IBM was accused of copyright infringement by the SCO' earlier this year.
[blockquote]In one batch, called Interrogatory No. 12, IBM sought "all source code and other material in Linux...to which plaintiff (SCO) has rights; and the nature of plaintiff's rights." In the second, Interrogatory No. 13,
Big Blue sought a detailed description of how SCO believes IBM has infringed SCO's rights and whether SCO ever distributed the source code described in Interrogatory No. 12.
The information IBM sought is at the heart of the case, a bold lawsuit SCO began in March that alleges IBM moved technology from Unix to Linux against the terms of its contract with SCO, violating trade secrets in the process. SCO is seeking $3 billion from Big Blue, and is also trying to compel Linux-using corporations to license SCO's Unix. The judge's decision is one of the first moves in a case that will affect not just IBM but also other computing giants including Oracle, Hewlett-Packard, SAP and Dell that have embraced Linux.
IBM in August countersued with four patent violation claims and a defense that charges SCO with violating the terms of the General Public License (GPL) that governs Linux.
In the spring, when SCO first said Unix code had been copied into Linux, Chief Executive Darl McBride told CNET News.com, "We will be happy to show the evidence we have at the appropriate time in a court setting," but thus far the company hasn't done so.
IBM welcomed Kimball's decision. "IBM has said all along SCO has failed to show evidence to back its claims. We are very pleased the court has indicated it will compel SCO to finally back up its claims instead of relying on marketplace FUD" (fear, uncertainty and doubt), spokeswoman Trink Guarino said.
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[blockquote]In one batch, called Interrogatory No. 12, IBM sought "all source code and other material in Linux...to which plaintiff (SCO) has rights; and the nature of plaintiff's rights." In the second, Interrogatory No. 13,
Big Blue sought a detailed description of how SCO believes IBM has infringed SCO's rights and whether SCO ever distributed the source code described in Interrogatory No. 12.
The information IBM sought is at the heart of the case, a bold lawsuit SCO began in March that alleges IBM moved technology from Unix to Linux against the terms of its contract with SCO, violating trade secrets in the process. SCO is seeking $3 billion from Big Blue, and is also trying to compel Linux-using corporations to license SCO's Unix. The judge's decision is one of the first moves in a case that will affect not just IBM but also other computing giants including Oracle, Hewlett-Packard, SAP and Dell that have embraced Linux.
IBM in August countersued with four patent violation claims and a defense that charges SCO with violating the terms of the General Public License (GPL) that governs Linux.
In the spring, when SCO first said Unix code had been copied into Linux, Chief Executive Darl McBride told CNET News.com, "We will be happy to show the evidence we have at the appropriate time in a court setting," but thus far the company hasn't done so.
IBM welcomed Kimball's decision. "IBM has said all along SCO has failed to show evidence to back its claims. We are very pleased the court has indicated it will compel SCO to finally back up its claims instead of relying on marketplace FUD" (fear, uncertainty and doubt), spokeswoman Trink Guarino said.
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[link=http://news.com.com/2100-7344_3-5114689.html?tag=nefd_top]Read More[/link]
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