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

[david.newall at auug.org.au]

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.