[Talk] SCO vs. IBM - the gloves come off...

david.newall at auug.org.au david.newall at auug.org.au
Wed Jun 18 12:46:03 EST 2003


From: Greg 'groggy' Lehey <Greg.Lehey at auug.org.au>
> Why should it?  There's no reason to assume that IBM will even stop
> shipping AIX, let alone other vendors.  An interesting point, though
> (from David Lloyd): if they revoke licenses, they no longer get
> license fees.  I can't see them doing too much of it.

I'm sure they'll stop distributing AIX.  SCO claim that IBM violated
terms of a licence agreement for UNIX, in particular relating to export of
prohibited software to Cuba, Iran, Iraq, North Korea and Syria.  On that
basis, SCO, who do own the software, have terminated IBM's licence.
If IBM continue distributing AIX they will do so in clear violation of
copyright *unless* they, IBM, can prove that SCO's termination of licence
was faulty.  That's quite a different matter, and far more risky, than
SCO's suit against IBM for misappropriation of intellectual property.

IBM's legal team would be remiss if they didn't insist on immediate
cessation of distribution of AIX.

This puts a lot of pressure on IBM, and may just cause them to settle.
Where that leaves SCO is another matter.  Would they turn to the next
deep pocket (maybe HP)?  Would they turn on Linus?  One thing is clear:
SCO have bet the company on this, and they are out for blood.




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