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IBM Countersues SCO
posted by scubacuda on Thursday August 07, @10:39AM
from the backatcha dept.
Open Source News.com & /.: In a 45-page document filed late Wednesday, IBM argues that because SCO distributed a version of Linux under the GPL, it can't claim that Linux software is proprietary. IBM also argues that SCO software violates four IBM patents and that the company interfered with IBM's business by saying it had terminated IBM's right to ship a Unix product, AIX. IBM is seeking unspecified monetary damages and an injunction stopping SCO from shipping its software. UPDATE: a copy of the counterclaim/answer (1.3 Mb PDF) is now online courtesy of Gnuheter and Greplaw.

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    IBM Countersues SCO | Login/Create an Account | Top | 1 comments | Search Discussion
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    Unix under Copyright (Score:1)
    by TomWiles on Thursday August 07, @05:09PM (#981)
    User #396 Info
    There is one very interesting claim here that I would like to inlist a couple of commenets on.

    SCO is claiming that AIX is a derivative work of UNIX. Since the right to produce a derivative work resides with the Copyright Holder, the rights to any code written (and patented) by IBM revert to SCO.

    Now that is an interesting concept. The fact that software is copyright protected (as opposed to patent protection only) has always bothered me. In theory ideas can not be copyrighted, but that is exactly what is happening here.

    Any ideas on what position the court's might take??

    Tom

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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