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

Greg Rose 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 
they stop.

>   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
>was faulty.

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
Qualcomm Australia          VOICE:  +61-2-9817 4188   FAX: +61-2-9817 5199
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