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DaimlerChrysler wins through against SCO

OUT-LAW News, 22/07/2004

DaimlerChrysler, the target of one of the first lawsuits brought by the SCO Group against an end user of the UNIX and Linux operating systems in which it claims rights, has won the main part of its request for the court to dismiss the action.

The only issue outstanding is why it took the car giant so long confirm it was not violating a licence agreement for the UNIX operating system.

Over the last year, SCO has claimed intellectual property rights to parts of UNIX and Linux. At first, it focused on suing IBM, accusing Big Blue of letting parts of UNIX 'slip' into the Linux operating system in breach of SCO's rights. Then SCO looked to end users, suing both AutoZone and DaimlerChrysler for damages and an injunction against their use of what SCO said was its source code.

SCO alleged that DaimlerChrysler, a UNIX user, had failed to certify that it was using the software in compliance with its licence agreement. At one time, DaimlerChrysler had obtained a licence from AT&T, the company from which SCO claims its UNIX rights are derived.

But yesterday the case ground to a halt when Judge Rae Lee Chabot largely granted a motion by DaimlerChrysler that the suit be dismissed because the car manufacturer had indeed certified compliance, albeit outwith the required 30 days.

The argument of DaimlerChrysler was simple: it no longer uses the software in question and further, it has not done so in the last seven years.

According to CNET News.com, SCO spokesman Blake Stowell confirmed that the case was pretty much over.

"We're satisfied that DaimlerChrysler did finally certify their compliance with the software agreement, but we are still interested in gaining some information on why they didn't certify within the allotted time," he said.

DaimlerChrysler said, "We are pleased with the judge's ruling, and we look forward to finally resolving the one open issue," reports CNET News.

 

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