[Talk] SCO vs. IBM - the gloves come off...
ggr at qualcomm.com
Wed Jun 18 13:14:06 EST 2003
At 12:16 PM 6/18/2003 +0930, david.newall at auug.org.au wrote:
>I'm sure they'll stop distributing AIX.
Rubbish. It's a civil matter. Until a court issues an injunction, they're
no worse off, given that they've registered their disagreement, than if
> 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.
Now that's a different thing entirely. That's a violation of US Federal
law. If SCO has proof of that they really should have given it to the FBI
for criminal prosecution. Personally, I think they're grasping at straws.
> 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
No. IBM doesn't even agree that the license *can* be terminated, and again
they've said so.
> 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.
If they thought they actually were in violation, possibly. If they don't
agree, I don't see why they would stop.
>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.
Yes, they have bet the company. But being desperate doesn't mean they will
win. And, to be honest, the *last* people I would take on with something
like this is IBM.
Greg Rose INTERNET: ggr at qualcomm.com
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