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eWeek: IBM Letter to Internal Sales Force

Aug 07, 2003, 19:15 (19 Talkback[s])
(Other stories by Bob Samson)

"Bob Samson
Vice President, Systems Sales
IBM Systems Group

"IBM yesterday responded to SCO's amended complaint. We see no merit in their claims and no supporting facts. Significantly, IBM counter sued SCO on a range of issues. Simply put, SCO's scheme is an attempt to profit from its limited rights to a very old UNIX operating system by introducing fear, uncertainty and doubt into the marketplace.

"The counterclaims are detailed in our legal filing, but here are the key points:

  • "SCO has violated the GNU General Public License, under which it accepted Linux contributions and distributed Linux.
  • "SCO has improperly claimed the right to revoke IBM's UNIX license, despite the fact that IBM's contract expressly provides that IBM's rights are irrevocable and that Novell, which is a party to the agreement under which IBM obtained an irrevocable and perpetual UNIX license, agrees that SCO cannot terminate IBM's license and has exercised its right to waive this claim.
  • "SCO has directly infringed four IBM patents relating to SCO's commercially available UnixWare, Open Server, SCO Manager and Reliant HA clustering software products..."

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