Aug, 2003 : IBM Files Countersuit Against The SCO Group
📅 - According to reports, IBM (ibm.com) announced yesterday that it has filed a countersuit against the SCO Group (sco.com), alleging that it has violated license agreements.
The company alleges that SCO has infringed on four IBM patents and breached the general public license for Linux, according to the court documents.
IBM also alleges that SCO has damaged its business by disparaging IBM's AIX operating system by saying it would revoke IBM's Unix licensing rights.
The countersuit follows a $1 billion lawsuit filed by SCO in March that accused IBM of had violating its intellectual property rights by taking parts of the UNIX operating system code and introducing it into Linux.
Following its lawsuit in March and subsequent revoking of IBM's UNIX license in June, SCO announced in July that it had secured U.S copyright registrations for the UNIX system V source code, a jurisdictional prerequisite to enforcement of its UNIX copyrights.
After registering U.S. copyrights, SCO immediately began contacting companies regarding their use of Linux and started offering Unix licenses. It is asking that Linux customers pay license fees or risk being sued for intellectual property infringement.
SCO said it would continue to pursue this course of action and require companies to license versions of Linux that infringe its intellectual property.
"We view IBM's counterclaim filing today as an effort to distract attention from its flawed Linux business model," said SCO in a statement. "SCO reiterates its position that it intends to defend its intellectual property rights. SCO will remain on course to require customers to license infringing Linux implementations as a condition of further use. This is the best and clearest course for customers to minimize Linux problems."
The company alleges that SCO has infringed on four IBM patents and breached the general public license for Linux, according to the court documents.
IBM also alleges that SCO has damaged its business by disparaging IBM's AIX operating system by saying it would revoke IBM's Unix licensing rights.
The countersuit follows a $1 billion lawsuit filed by SCO in March that accused IBM of had violating its intellectual property rights by taking parts of the UNIX operating system code and introducing it into Linux.
Following its lawsuit in March and subsequent revoking of IBM's UNIX license in June, SCO announced in July that it had secured U.S copyright registrations for the UNIX system V source code, a jurisdictional prerequisite to enforcement of its UNIX copyrights.
After registering U.S. copyrights, SCO immediately began contacting companies regarding their use of Linux and started offering Unix licenses. It is asking that Linux customers pay license fees or risk being sued for intellectual property infringement.
SCO said it would continue to pursue this course of action and require companies to license versions of Linux that infringe its intellectual property.
"We view IBM's counterclaim filing today as an effort to distract attention from its flawed Linux business model," said SCO in a statement. "SCO reiterates its position that it intends to defend its intellectual property rights. SCO will remain on course to require customers to license infringing Linux implementations as a condition of further use. This is the best and clearest course for customers to minimize Linux problems."
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