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SCOsource: Copy of Filed Lawsuit Released

Mar 07, 2003, 13:00 (35 Talkback[s])

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It was bound to be public anyway, but SCOsource has provided the public with a direct look at its $1 billion lawsuit filed against IBM in the Utah courts yesterday.

The complaint is available in HTML format. An excerpt from the first section, "Nature of This Action" is included here, with links to the entire document and five exhibits (in PDF format).

  1. "UNIX is a computer operating system program and related software originally developed by AT&T Bell Laboratories ('AT&T'). SCO/UNIX is a modification of UNIX and related software developed by SCO and its predecessors. UNIX and SCO/UNIX are widely used in the corporate, or 'enterprise,' computing environment.
  2. "As a result of its acquisition of the rights to UNIX from AT&T and its own development of UNIX and SCO/UNIX, SCO is the present owner of both UNIX and SCO/UNIX software. UNIX and SCO/UNIX are valuable software programs and SCO and its predecessors have invested hundreds of millions of dollars in their development and enhancement. SCO (which, as used herein, includes its predecessor) has licensed UNIX and SCO/UNIX both to software vendors such as IBM and computer end-users such as McDonald’s. The UNIX and SCO/UNIX licenses granted to software vendors and end-users are limited licenses, which impose restrictions and obligations on the licensees designed to protect the economic value of UNIX and SCO/UNIX.
  3. "UNIX and SCO/UNIX compete with other proprietary programs and with 'open source' software, which is software dedicated to the public. There are advantages of proprietary programs to end-users (including their proprietary functions in which their developers have invested large amounts of time and money). There are also advantages to open source programs to end-users (including that they do not have to pay for the program itself) and to software vendors (whom market the additional products and services that end-users who use open source programs ordinarily require). This case is not about the debate about the relative merits of proprietary versus open source software. Nor is this case about IBM’s right to develop and promote open source software if it decides to do so in furtherance of its independent business objectives, so long as it does so without SCO’s proprietary information. This case is, and is only, about the right of SCO not to have its proprietary software misappropriated and misused in violation of its written agreements and well-settled law.
  4. "As set forth in more detail below, IBM has breached its own obligations to SCO, induced and encouraged others to breach their obligations to SCO, interfered with SCO’s business, and engaged in unfair competition with SCO, including by
    1. "misusing and misappropriating SCO’s proprietary software;
    2. "inducing, encouraging, and enabling others to misuse and misappropriate SCO’s proprietary software; and
    3. "incorporating (and inducing, encouraging, and enabling others to incorporate) SCO’s proprietary software into open source software offerings..."

Full Complaint

Exhibit A (PDF)

Exhibit B (PDF)

Exhibit C (PDF)

Exhibit D (PDF)

Exhibit E (PDF)

Download xpdf

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