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

david.newall at auug.org.au david.newall at auug.org.au
Fri Jun 20 14:12:16 EST 2003

Leon Brooks <leon at cyberknights.com.au> wrote:
>> 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.
> AFAICT, that's bass-ackwards. SCO have to show valid cause for 
> cancelling the contract. They don't seem to be in a rush to actually 
> *get* an injunction so far, do they?

I don't think they do.  I think they claim that they have exercised
their contractual right to cancel the licence.  Certainly they appear to
have followed due process; including (according to their web) seeking
a permanent injunction restraining IBM from selling or distributing
further copies of AIX.

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