IBM
also hopes to speed up the case, which has been dragging on since
March 2003, when SCO first accused the firm of letting parts of
UNIX 'slip' into Linux in breach of SCO's rights.
IBM counterclaimed, arguing firstly that SCO is in breach of the
General Public Licence, or GPL, which underpins the distribution of
most open source software, and then accusing SCO of infringing
IBM's own intellectual property rights.
IBM, a major Linux distributor, dropped one of its patent claims
against SCO last year, and has now decided not to pursue the
remaining three. In a footnote to a document filed with the Utah
District Court on 6th October, IBM’s lawyers explained:
"While IBM continues to believe that SCO
infringed IBM's valid patents, IBM agreed to withdraw its patent
counterclaims to simplify and focus the issues in this case and to
expedite their resolution. The little discovery that SCO has
produced regarding IBM's patent claims makes clear that there is
insufficient economic reason to pursue these claims. Since SCO's
sales have been, and are, limited, a finding of infringement would
yield only the most modest royalty or award of damages and would
not justify the expense of continuing prosecution of these
claims."
However, IBM is still pursuing eight remaining counterclaims and
the case is continuing.
In a hearing on Friday, Judge Brooke Wells denied a SCO request
that IBM be ordered to produce more material as part of the
discovery process – the means by which one party ensures that it is
given access to documents held by the other side.
SCO had asked that 25 more depositions be taken, but Judge Wells
would only permit 10 more depositions on either side, and stressed
that these had to be provided within the timetable already set by
the court.
SCO has been criticised by some commentators for using delaying
tactics in the course of the case.
