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IBM's Defense Against SCO's Copyright Infringement Claims - The Memorandum, Part 1

Jul 15, 2010, 21:34 (0 Talkback[s])
(Other stories by Pamela Jones)


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"I think when you read this 2006 IBM document, its Redacted Memorandum in Support of its Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement [PDF] IBM'S Tenth Counterclaim, Part 1, which I've done as text for you at last, you'll be left wondering how SCO ever dared to open its mouth about Linux, let alone continue to claim infringement by anyone at all ever. Here's a bit of IBM's conclusion, after looking at SCO's list of allegedly misused materials, SCO's laughable Final Disclosures:

" 194. The Final Disclosures do not specifically allege or include any evidence of unauthorized copying of System V code in Linux by IBM, unauthorized distribution of Linux by IBM or unauthorized preparation of derivative works by IBM relating to Linux. (See Ex. 54.)

"Nothing. Nothing at all. Nothing specific. No evidence. Even if there was anything, IBM points out it had multiple licenses; and besides SCO had distributed the code it sued IBM over under the GPL -- in some cases for nearly a decade.

"What were they thinking? How could SCO's lawyers keep this going so many years? How could they even want to? Weren't they ashamed? Or don't they grok the tech? Was it all a cynical exercise in harassment? Could they ever seriously have thought IBM would settle over *this*?"

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