IBM’s Defense Against SCO’s Copyright Infringement Claims – The Memorandum, Part 1

“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*?”

Complete
Story