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ECT News Community   »   LinuxInsider Talkback   »   Re: SCO Has Infringed Our Copyright, Claims IBM



Re: SCO Has Infringed Our Copyright, Claims IBM
Posted by: Peter Williams 2004-08-20 17:02:52
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IBM has filed another motion in its legal battle with The SCO Group over Linux, in which it declares that SCO has infringed IBM's copyrights by renouncing the GNU General Public License (GPL). The latest filing from IBM -- its motion for partial summary judgment on its counterclaim for copyright infringement -- hinges on the assertion that the code IBM put into Linux remains copyrighted, and that SCO has "breached the GNU GPL." In its previous filing last week for summary judgment on other grounds, IBM stated that SCO was still distributing Linux from its website as recently as August 4, and now it has built on this.


The major claims against SCOG
Posted by: ThomasFrayne 2004-08-20 17:40:05 In reply to: Peter Williams
IBM made this claim in September, 2003. What is new is that IBM wants the court to declare that IBM has so much evidence that SCOG violated IBM's copyrights that no jury could reasonably decide otherwise.
There are several other major outstanding claims against SCOG:
1. IBM wants a similar declaration that IBM has not infringed any SCOG copyrights by IBM's Linux activities. IBM claimed that SCOG defied two court orders and produced no untainted evidence that IBM infringed that a reasonable jury could accept. IBM is scheduled to file a related reply memo on Monday, and a court hearing on this issue is scheduled for September 15.
2. IBM wants a similar declaration that IBM has not breached its contract with SCOG. SCOG has recently filed papers that claimed that the breach occurred when IBM contributed IBM's own independently developed code to Linux (because other parts of IBM's product were "derived" from SCOG's code). However, IBM claims to have statements from the orgiginal signers of the contract that said there was no intent to restrict what IBM could do with its own code.
3. IBM and Redhat both claim that SCOG engaged in illegal unfair business practices by falsely publicly claiming that Linux contains mountains of code that infringes SCOG's copyrights.
4. Novell claims that SCOG does not own the copyrights that SCOG is basing its suits on. SCOG sued Novell, claiming that Novell had transferred the copyrights, but the judge said that the documents SCOG submitted to show that the copyrights were transferred did not clearly purport to convey clearly identified copyrights, thus failing a requirement of copyright law.
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