Welcome!

Linux Containers Authors: Pat Romanski, Liz McMillan, Elizabeth White, Yeshim Deniz, Stackify Blog

Related Topics: Open Source Cloud

Open Source Cloud: Article

SCO Rebuts IBM's Latest Charges, Lights Out after GPL

SCO Rebuts IBM's Latest Charges, Lights Out after GPL

The SCO Group's lawyers answered IBM's amended counterclaims last Friday and repeatedly denied the enforceability and applicability of the General Public License (GPL) on which the Linux model, such as it is, hinges. They say the GPL is trumped by copyright and antitrust law.

SCO, of course, is suing IBM for $3 billion for allegedly throwing SCO IP over the wall to Linux, a seminal case on which the fate of Linux and open source may very well hang.

It is SCO's position that the Free Software Foundation (FSF), which dreamed up the GPL and the whole notion of copyleft, is trying to usurp the right granted Congress under US copyright law to regulate copyrights and that the FSF is unjustifiably trying to suck up copyrighted work that it feels should be made public domain.

SCO also alleges that the Free Software Foundation has only selectively enforced the GPL and so any GPL claims made against SCO can't stand up "as a matter of equity."

SCO flicks off those belated patent claims that IBM suddenly threw at SCO when IBM amended its countersuit and says the claims are so broad they could apply to anyone who sells software. If SCO is violating the claims - and SCO's lawyers say they have reason to believe that the purported patents are invalid and that IBM may not even own them - then everyone else that sells software is too and that IBM would basically have to sue everyone else for the same thing that it's suing SCO for.

SCO calls it a "frivolous attempt to try to put pressure on SCO."

SCO continues to maintain that "Linux is, in actuality, an authorized version of Unix that is structured, assembled and designed to be technologically indistinguishable from Unix, and practically is distinguishable only in that Linux is a 'free' version of Unix designed to destroy proprietary operating system software."

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (5) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
Louis Olivier 11/23/03 05:56:04 PM EST

It is just funny how sco's actions coincide with their dealings with microsoft. Whats the deal here? Two whores in the same bed? Two OS companes on their way out? Good luck to SCO. It was nice having them around.

George Bluhm EdD, CDP 11/01/03 07:53:45 AM EST

If SCO was hoping IBM would by them out by sueing IBM for more than SCO is worth, this latest ploy is a "YOU WOULDN'T DARE" response.

Arthur Guy 11/01/03 01:02:02 AM EST

Gentlemeen:
Teacher has a stool and dunce hat in the corner of the
classroom for miss behavior of students. Teacher sends
SCO to corner to sit with hat on until SCO learns to
behave.
Arthur Guy

D 11/01/03 12:49:41 AM EST

Linux is base on MINIX. MINIX was developed to be completely independent of UNIX. It has never had one line of AT&T code to avoid the licensing restrictions. MINIX was developed by Tanenbaum. http://www.cs.vu.nl/~ast/minix.html is a link.

David 10/31/03 08:34:29 PM EST

Except that Linux isn't an authorized version of Unix. It was written without Unix -- otherwise they would have taken the Unix source code and ported it to the x86 platform. Much of "visible" GNU/Linux is really made up of the GNU parts, and these are copyrighted just fine using the FSF's copyright and GPL for licensing that code to be used elsewhere. These were all created without Unix code, so it's clearly not an "authorized" version of Unix. Did SCO authorize it since they claim to own Unix, which they probably won't even be able to prove because of all the copyrights inside Unix that never belonged to AT&T or Novell or now SCO.

SCO will die trying to fight this cause, but at least nobody will cry when that occurs, at least everyone who isn't in the MSFT or SUNW pocketbooks.

@ThingsExpo Stories
As data explodes in quantity, importance and from new sources, the need for managing and protecting data residing across physical, virtual, and cloud environments grow with it. Managing data includes protecting it, indexing and classifying it for true, long-term management, compliance and E-Discovery. Commvault can ensure this with a single pane of glass solution – whether in a private cloud, a Service Provider delivered public cloud or a hybrid cloud environment – across the heterogeneous enter...
Cloud-enabled transformation has evolved from cost saving measure to business innovation strategy -- one that combines the cloud with cognitive capabilities to drive market disruption. Learn how you can achieve the insight and agility you need to gain a competitive advantage. Industry-acclaimed CTO and cloud expert, Shankar Kalyana presents. Only the most exceptional IBMers are appointed with the rare distinction of IBM Fellow, the highest technical honor in the company. Shankar has also receive...
"We view the cloud not as a specific technology but as a way of doing business and that way of doing business is transforming the way software, infrastructure and services are being delivered to business," explained Matthew Rosen, CEO and Director at Fusion, in this SYS-CON.tv interview at 18th Cloud Expo (http://www.CloudComputingExpo.com), held June 7-9 at the Javits Center in New York City, NY.
The Founder of NostaLab and a member of the Google Health Advisory Board, John is a unique combination of strategic thinker, marketer and entrepreneur. His career was built on the "science of advertising" combining strategy, creativity and marketing for industry-leading results. Combined with his ability to communicate complicated scientific concepts in a way that consumers and scientists alike can appreciate, John is a sought-after speaker for conferences on the forefront of healthcare science,...
WebRTC is great technology to build your own communication tools. It will be even more exciting experience it with advanced devices, such as a 360 Camera, 360 microphone, and a depth sensor camera. In his session at @ThingsExpo, Masashi Ganeko, a manager at INFOCOM Corporation, introduced two experimental projects from his team and what they learned from them. "Shotoku Tamago" uses the robot audition software HARK to track speakers in 360 video of a remote party. "Virtual Teleport" uses a multip...
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, discussed the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
In his session at Cloud Expo, Alan Winters, U.S. Head of Business Development at MobiDev, presented a success story of an entrepreneur who has both suffered through and benefited from offshore development across multiple businesses: The smart choice, or how to select the right offshore development partner Warning signs, or how to minimize chances of making the wrong choice Collaboration, or how to establish the most effective work processes Budget control, or how to maximize project result...
"Akvelon is a software development company and we also provide consultancy services to folks who are looking to scale or accelerate their engineering roadmaps," explained Jeremiah Mothersell, Marketing Manager at Akvelon, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
IoT is rapidly becoming mainstream as more and more investments are made into the platforms and technology. As this movement continues to expand and gain momentum it creates a massive wall of noise that can be difficult to sift through. Unfortunately, this inevitably makes IoT less approachable for people to get started with and can hamper efforts to integrate this key technology into your own portfolio. There are so many connected products already in place today with many hundreds more on the h...
DXWorldEXPO LLC announced today that ICC-USA, a computer systems integrator and server manufacturing company focused on developing products and product appliances, will exhibit at the 22nd International CloudEXPO | DXWorldEXPO. DXWordEXPO New York 2018, colocated with CloudEXPO New York 2018 will be held November 11-13, 2018, in New York City. ICC is a computer systems integrator and server manufacturing company focused on developing products and product appliances to meet a wide range of ...
JETRO showcased Japan Digital Transformation Pavilion at SYS-CON's 21st International Cloud Expo® at the Santa Clara Convention Center in Santa Clara, CA. The Japan External Trade Organization (JETRO) is a non-profit organization that provides business support services to companies expanding to Japan. With the support of JETRO's dedicated staff, clients can incorporate their business; receive visa, immigration, and HR support; find dedicated office space; identify local government subsidies; get...
René Bostic is the Technical VP of the IBM Cloud Unit in North America. Enjoying her career with IBM during the modern millennial technological era, she is an expert in cloud computing, DevOps and emerging cloud technologies such as Blockchain. Her strengths and core competencies include a proven record of accomplishments in consensus building at all levels to assess, plan, and implement enterprise and cloud computing solutions. René is a member of the Society of Women Engineers (SWE) and a m...
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Archi...
In his general session at 19th Cloud Expo, Manish Dixit, VP of Product and Engineering at Dice, discussed how Dice leverages data insights and tools to help both tech professionals and recruiters better understand how skills relate to each other and which skills are in high demand using interactive visualizations and salary indicator tools to maximize earning potential. Manish Dixit is VP of Product and Engineering at Dice. As the leader of the Product, Engineering and Data Sciences team at D...
Personalization has long been the holy grail of marketing. Simply stated, communicate the most relevant offer to the right person and you will increase sales. To achieve this, you must understand the individual. Consequently, digital marketers developed many ways to gather and leverage customer information to deliver targeted experiences. In his session at @ThingsExpo, Lou Casal, Founder and Principal Consultant at Practicala, discussed how the Internet of Things (IoT) has accelerated our abilit...
Organizations planning enterprise data center consolidation and modernization projects are faced with a challenging, costly reality. Requirements to deploy modern, cloud-native applications simultaneously with traditional client/server applications are almost impossible to achieve with hardware-centric enterprise infrastructure. Compute and network infrastructure are fast moving down a software-defined path, but storage has been a laggard. Until now.
Digital Transformation is much more than a buzzword. The radical shift to digital mechanisms for almost every process is evident across all industries and verticals. This is often especially true in financial services, where the legacy environment is many times unable to keep up with the rapidly shifting demands of the consumer. The constant pressure to provide complete, omnichannel delivery of customer-facing solutions to meet both regulatory and customer demands is putting enormous pressure on...
The best way to leverage your CloudEXPO | DXWorldEXPO presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering CloudEXPO | DXWorldEXPO will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at CloudEXPO. Product announcements during our show provide your company with the most reach through our targeted audienc...
@DevOpsSummit at Cloud Expo, taking place November 12-13 in New York City, NY, is co-located with 22nd international CloudEXPO | first international DXWorldEXPO and will feature technical sessions from a rock star conference faculty and the leading industry players in the world.
DXWorldEXPO LLC announced today that the upcoming DXWorldEXPO | CloudEXPO New York event will feature 10 companies from Poland to participate at the "Poland Digital Transformation Pavilion" on November 12-13, 2018.