eWeek: IBM Letter to Internal Sales Force

“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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