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

[david.newall at auug.org.au]

Greg Rose <ggr at qualcomm.com> wrote:
>>Just suppose SCO wins.  Just suppose IBM continues to distribute AIX in
>>the mean time.  Having won, it will be clear that IBM have violated SCO's
>>copyright.  Would you, were you in IBM's legal team, permit that risk?
>>The damages would be astronomical, not to mention that the board would
>>almost certainly be criminaly negligent (they have a duty of care to
>>their shareholders.)
>
> If SCO wins, they will be given damages for *all* the copies of AIX that 
> were distributed since the act of breaching copyright occurred, some years 
> ago according to SCO.

I see that there are now *two* issues between SCO and IBM.  For the first
issue, SCO must prove that IBM misappropriated IP.  For the second issue,
being distribution of AIX without a licence, IBM must prove that SCO
had no right to cancel the licence.  That puts IBM on somewhat shakier
grounds.