Posted by WishX on 20 August 2004 - 11:20 · 9 comments & 1699 views
This week IBM will attempt to back SCO into a legal corner by filing another motion for partial summary judgment in its legal battle over Linux and Unix copyright issues.

IBM on Monday asked the U.S. District Court in Utah to rule that it should win immediately on its eighth counterclaim, which regards copyright infringement. In that counterclaim, IBM asserts that because The SCO Group Inc. has sold Linux—which included more than 783,000 lines of code of IBM's copyrighted material—the court should immediately grant IBM summary judgment and a permanent injunction.

Kelly Talcott, an IP (intellectual property) attorney and partner at Kirkpatrick & Lockhart LLP's New York office says, "This motion is a clever ploy by IBM, meant to call SCO's bluff. The focus is on SCO's distribution of its own Linux products. Because it contributed its code to Linux subject to the terms of the GPL [GNU General Public License], IBM says it is the GPL that governs how IBM's contributions can be used."

Talbott explains, "According to IBM, SCO has effectively renounced the GPL. If this is so, says IBM, then SCO has infringed IBM's copyrights by distributing versions of Linux that contain IBM-contributed code."

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There are 9 additional comments
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Quote this comment Reply to this comment #1 Posted by markjensen on 20 Aug 2004 - 13:58
I like this approach!
QUOTE
"According to IBM, SCO has effectively renounced the GPL. If this is so, says IBM, then SCO has infringed IBM's copyrights by distributing versions of Linux that contain IBM-contributed code."


Turn SCO's argument right back at them!
Quote this comment Reply to this comment #2 Posted by WishX on 20 Aug 2004 - 15:51
Exaaaaaactly!
(1 reply) Quote this comment Reply to this comment #3 Posted by MG-Cloud on 20 Aug 2004 - 16:39
This is absolutely hilarious. Very well done
Quote this comment #3.1 Posted by rogerroger on 21 Aug 2004 - 05:34
Oh that has to hurt!

pwned!

Quote this comment Reply to this comment #4 Posted by mrbester on 20 Aug 2004 - 16:47
<quote type="JibJab">Boo yah!</quote>
This is great. Either way SCO're screwed. A superb play.
Quote this comment Reply to this comment #5 Posted by Puma on 20 Aug 2004 - 16:55
What SCO needs to do right now is to fire the CEO guy, what's his name? Bride or something .... Geeze.... I forgot his name, just remember they got screwed. Anyway, fire the guy then hire someone that understand the businiess matter, so SCO can turn things around and be a good player in the internet age.
Quote this comment Reply to this comment #6 Posted by OldeCrow on 20 Aug 2004 - 17:31
The outcome has never been in question .. IBM doesnt make mistakes when it comes to copyright law the only question is weather IBM wins before or after SCO makes IBM fighting mad .. If its after there wont be an SCO anymore.

keep that in mind before you think about buying SCO stock

Quote this comment Reply to this comment #7 Posted by tHeDoSe on 20 Aug 2004 - 18:21
ah hahahahahahahahahah
Quote this comment Reply to this comment #8 Posted by Shad0wcat on 22 Aug 2004 - 08:20
Go IBM!
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