Linux Containers Authors: Zakia Bouachraoui, Yeshim Deniz, Elizabeth White, Liz McMillan, Pat Romanski

Related Topics: Linux Containers

Linux Containers: Article

SCO vs IBM: "There's Been No Infringement - Dismiss the Suit," Urges IBM

SCO vs IBM: "There's Been No Infringement - Dismiss the Suit," Urges IBM

As a result of SCO's infringement, IBM has been damaged and is entitled to an award of actual and/or statutory damages pursuant to 17 U.S.C. § 504 in an amount to be proven at trial. Because SCO's infringement has been willful, deliberate and in utter disregard and derogation of IBM's rights, IBM is entitled to enhanced statutory damages pursuant to 17 U.S.C. § 504. IBM is entitled to costs and attorney's fees pursuant to 17 U.S.C. § 505.

This is just one of hundreds of clauses in a document titled IBM'S SECOND AMENDED COUNTERCLAIMS AGAINST SCO which IBM filed last Friday with the US District Court for the State of Utah.

Bottom line: IBM doesn't think SCO has a leg to stand on. Not so much as a toe. Accordingly, it wants the Honorable Dale A. Kimball to issue a "declaratory judgement" in its favor - i.e., a judgement that could be issued as soon as the discovery process is over and before the case goes to trial.

IBM is 100% certain that it hasn't infringed on SCO's copyright, and hasn't breached its contractual obligations to SCO. Furthermore, it seems intent on getting SCO penalized for GPL violations and making them pay for the whole legal proceedings too.


More Stories By Linux News Desk

SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

Comments (6) 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
Some Guy 04/02/04 04:21:10 PM EST

I urge all of you to boycott SCO products from now on. I found e-mail address [email protected] on the http://www.sco.com web site. Send this joker an e-mail or two and tell him to dump the lawsuit and get back to work. Nyah!

Fecal Extrusion 04/01/04 09:06:01 PM EST

I'm sure Microsoft would give Darl McBride a job.
He'd fit in perfectly...

Justin Case 04/01/04 07:21:45 PM EST

SCO has been behaving like a spoiled child and I for one would be glad to see them get their comeupance.

Lars 04/01/04 10:15:59 AM EST


Programous 03/31/04 03:40:08 PM EST

SCO is very funny. Im looking foward to seeing how much longer there going to attempt this.

Andre Felipe Machado 03/31/04 07:43:44 AM EST

On a point of information, Hello,
Following the new elected country government, the official open source
government portal
has the first non english official translation of GPL and LPGL that could be
used for law enforcements in Brasil



Worth a look for other governments...

It will likely be a hard time for SCO here if they try to split case here...
Good luck.
Andre Felipe Machado

IoT & Smart Cities Stories
The challenges of aggregating data from consumer-oriented devices, such as wearable technologies and smart thermostats, are fairly well-understood. However, there are a new set of challenges for IoT devices that generate megabytes or gigabytes of data per second. Certainly, the infrastructure will have to change, as those volumes of data will likely overwhelm the available bandwidth for aggregating the data into a central repository. Ochandarena discusses a whole new way to think about your next...
DXWorldEXPO LLC announced today that Big Data Federation to Exhibit at the 22nd International CloudEXPO, colocated with DevOpsSUMMIT and DXWorldEXPO, November 12-13, 2018 in New York City. Big Data Federation, Inc. develops and applies artificial intelligence to predict financial and economic events that matter. The company uncovers patterns and precise drivers of performance and outcomes with the aid of machine-learning algorithms, big data, and fundamental analysis. Their products are deployed...
Dynatrace is an application performance management software company with products for the information technology departments and digital business owners of medium and large businesses. Building the Future of Monitoring with Artificial Intelligence. Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more busine...
All in Mobile is a place where we continually maximize their impact by fostering understanding, empathy, insights, creativity and joy. They believe that a truly useful and desirable mobile app doesn't need the brightest idea or the most advanced technology. A great product begins with understanding people. It's easy to think that customers will love your app, but can you justify it? They make sure your final app is something that users truly want and need. The only way to do this is by ...
CloudEXPO | DevOpsSUMMIT | DXWorldEXPO are the world's most influential, independent events where Cloud Computing was coined and where technology buyers and vendors meet to experience and discuss the big picture of Digital Transformation and all of the strategies, tactics, and tools they need to realize their goals. Sponsors of DXWorldEXPO | CloudEXPO benefit from unmatched branding, profile building and lead generation opportunities.
Digital Transformation and Disruption, Amazon Style - What You Can Learn. Chris Kocher is a co-founder of Grey Heron, a management and strategic marketing consulting firm. He has 25+ years in both strategic and hands-on operating experience helping executives and investors build revenues and shareholder value. He has consulted with over 130 companies on innovating with new business models, product strategies and monetization. Chris has held management positions at HP and Symantec in addition to ...
Cell networks have the advantage of long-range communications, reaching an estimated 90% of the world. But cell networks such as 2G, 3G and LTE consume lots of power and were designed for connecting people. They are not optimized for low- or battery-powered devices or for IoT applications with infrequently transmitted data. Cell IoT modules that support narrow-band IoT and 4G cell networks will enable cell connectivity, device management, and app enablement for low-power wide-area network IoT. B...
The hierarchical architecture that distributes "compute" within the network specially at the edge can enable new services by harnessing emerging technologies. But Edge-Compute comes at increased cost that needs to be managed and potentially augmented by creative architecture solutions as there will always a catching-up with the capacity demands. Processing power in smartphones has enhanced YoY and there is increasingly spare compute capacity that can be potentially pooled. Uber has successfully ...
SYS-CON Events announced today that CrowdReviews.com has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5–7, 2018, at the Javits Center in New York City, NY. CrowdReviews.com is a transparent online platform for determining which products and services are the best based on the opinion of the crowd. The crowd consists of Internet users that have experienced products and services first-hand and have an interest in letting other potential buye...
When talking IoT we often focus on the devices, the sensors, the hardware itself. The new smart appliances, the new smart or self-driving cars (which are amalgamations of many ‘things'). When we are looking at the world of IoT, we should take a step back, look at the big picture. What value are these devices providing. IoT is not about the devices, its about the data consumed and generated. The devices are tools, mechanisms, conduits. This paper discusses the considerations when dealing with the...