IBM
IBM
R E L A T E D   C O N T E N T
ADVERTISEMENT

IBM countersuit could 'bleed SCO dry'

SCO charged with violating GNU Public Licence

Peter Williams, vnunet.com 07 Aug 2003
ADVERTISEMENT

IBM has filed a counterclaim against the SCO Group, which is suing IBM for $3bn (£1.86bn) for allegedly breaking its Unix contract by allowing its code to be added to Linux.

Big Blue's filing claims that SCO has violated the GNU Public Licence (GPL) and four of IBM's patents, SCO told vnunet.com.

SCO confirmed that it had only just received the filings and said it was unable to comment further.

The GPL lays out the conditions under which the Linux operating system and other open source software may be used.

The filing was made in a Utah court late last night. SCO is based in Utah, and had made its filings in the Utah State Court.

On Monday, Linux distributor Red Hat also filed a countersuit against SCO, which fellow distributor SuSE was quick to support.

SCO has since issued a licence aimed at charging customers for using the Linux operating system which, it claims, contains its Unix code.

Market watchers said the action was bad news for SCO.

"Unlike SCO, IBM has been very careful not to make inflammatory statements. So when IBM fires a broadside it is a very carefully prepared action, which will be very carefully executed," said Gary Barnett, principal consultant at Ovum. "If SCO is wrong, IBM is absolutely right to ask for compensation."

"IBM has more patents than anyone, and more money and more lawyers than SCO. SCO will be bled dry before it can make its case," he added.

Mike Davis, senior researcher at Butler Group, commented: "This is going to be very interesting. SCO still hasn't declared what bits of code are offending. It's a very risky strategy [SCO] is pursuing.

"The other partners in the UnitedLinux consortium, especially SuSE, are reaching the stage of frustration with SCO. The SCO case is starting to put some hesitancy into users who are asking more questions, although it hasn't hit revenues yet. It is not helpful."

IBM declined to comment at time of going to press.

See also:

scoCompanies given two more weeks to buy licences at introductory offer prices  17 Oct 2003
LinuxNew twist in saga sees SCO claim US Copyright Act takes priority over GPL  15 Aug 2003
Amid claims that huge amounts of Sequent code were used in Linux kernels  13 Aug 2003
'Insist on money-back guarantee' firms advised as Fortune 500 company pays up  12 Aug 2003
ibmWar of words continues as SCO hits back at Big Blue's claims  08 Aug 2003
LinuxNew allegiances formed as distributors gang up on the Santa Cruz upstart  06 Aug 2003
Analysts advise turning a deaf ear - for now  06 Aug 2003
Distributor files 'put up or shut up' countersuit  06 Aug 2003
SCO vs IBMThe $3bn lawsuit brought by the SCO Group against IBM will have repercussions for all IT vendors, as well as their users.  01 Jul 2003

All Operating Systems

Like this story? Spread the news by clicking below:

Post this to Delicious del.icio.us    Post this to Digg Digg this    Post this to reddit reddit!

Permalink for this story

M A R K E T P L A C E
Sponsored links
F E A T U R E D   J O B S
| Aston Carter
Java, J2EE, Developer, Spring, Hibernate, London, city, Graduate. This is an amazing opportunity to join a successful city based team working at the cutting edge of development. My client is looking for strong Java/J2EE developers ... more >
| Aston Carter
E-Commerce, Greenfield, Agile, Java, J2EE, , JavaScript, SQL, London, City Graduate This is an exceptional opportunity for a talented Java, J2EE developer keen to work in a successful development team within arguable the best agile ... more >
| Rullion Computer Personnel Ltd
2nd Line Support Analyst London £35, 000 to £40, 500 My client is a global market leader in the Internet Applications Industry. The company is continually progressing and looking for areas of growth and this ... more >
| Rullion Computer Personnel Ltd
Security Architect / Information Security Specialist – St Albans - Global Leader - Shine At The Highest Level Security Solution Architect / Information Security Architect required by renowned blue-chip organisation offering the finest security projects ... more >
More job opportunities