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IBM seeks declaratory judgment against SCO

OUT-LAW News, 01/04/2004

IBM has asked a court to declare that it has not infringed any SCO copyright through its Linux activities – an attempt by Big Blue to short circuit the most controversial development in the history of open source software.

The motion was filed as part of an amendment to the ongoing legal dispute and asks the US District Court in Salt Lake City to rule that:

"IBM does not infringe, induce the infringement of or contribute to the infringement of any SCO copyright through its Linux activities, including its use, reproduction and improvement of Linux, and that some or all of SCO's purported copyrights in Unix are invalid and unenforceable."

SCO is suing IBM for $5 billion, accusing it of infringing its rights by leaking code for the UNIX operating system into Linux, in breach of a contract. SCO says Linux is an unauthorised derivative of UNIX and is demanding that commercial Linux users buy its licences.

IBM filed its own counter suit in response. Motions, amendments and subpoenas have been fired between the parties for the past year.

A well-written, blow-by-blow account of the SCO saga can be found at Groklaw.net

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