The case represents the biggest clash between open source and proprietary software groups since open source software began to be recognised as a credible business alternative to proprietary products.
SCO is suing IBM for $3 billion, accusing it of infringing its rights in the UNIX operating system by leaking UNIX code in breach of a contract. SCO says that Linux contains its UNIX code and consequently is an unauthorised derivative of UNIX. SCO is also demanding that commercial Linux users buy its licences.
But, says IBM, SCO has yet to show which parts of Linux actually infringe on UNIX. The Linux distributor lodged motions in court on 3rd and 6th November, requesting that SCO be compelled to detail the infringements.
According to CNET News, the motions followed a series of subpoenas sent out on 30th October to parties who have shown support for SCO's claims. These parties are BayStar Capital, Deutsche Bank, Renaissance Ventures and The Yankee Group.
IBM told CNET News yesterday that:
"It is time for SCO to produce something meaningful. They have been dragging their feet, and it is not clear there is any incentive for SCO to try this in court."
SCO labelled the move "coercive". SCO spokesman Blake Stowell told CNET that SCO had already handed over almost 1 million pages of papers. Mr Stowell said:
"They are trying to coerce and intimidate. I think what they're trying to do is that if you're a potential investor in our company or an industry analyst that says anything even remotely favourable toward SCO, you're going to be subpoenaed by IBM."
SCO has recently sent out its own batch of subpoenas, including ones sent to Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation; Stewart Cohen, chief executive of the Open Source Development Labs; and John Horsley, general counsel of Transmeta, reports CNET.
The CNET News report can be found here.