[ Thanks to Ron
Bentley for pointing to this release. ]
The SCO Group (SCO) today announced that it has terminated IBM’s
right to use or distribute any software product that is a
modification of or based on UNIX System V source code.
In terminating IBM’s right to use and distribute AIX, SCO is
exercising the right of termination granted under the original 1985
UNIX Software and Sublicensing Agreements between IBM and AT&T.
SCO notified IBM on March 6, 2003 that it intended to terminate in
100 days, as required under the Software Agreement, as modified by
a side letter, if IBM did not correct certain actions that violate
the agreement. As of the deadline — 12:00 midnight, June 13, 2003
— IBM had not complied with SCO’s request, which triggered the
termination. The termination is self-effectuating.
“The Software and Sublicensing Agreements and related agreements
that SCO has with IBM includes clear provisions that deal with the
protection of source code, derivative works and methods,” said Mark
J. Heise, Boies Schiller, & Flexner, LLP. “Through contributing
AIX source code to Linux and using UNIX methods to accelerate and
improve Linux as a free operating system, with the resulting
destruction of UNIX, IBM has clearly demonstrated its misuse of
UNIX source code and has violated the terms of its contract with
SCO. SCO has the right to terminate IBM’s right to use and
distribute AIX. Today AIX is an unauthorized derivative of the UNIX
System V operating system source code and its users are, as of this
date, using AIX without a valid basis to do so.”
SCO is also today filing an amendment to the complaint against
IBM for a permanent injunction requiring IBM to cease and desist
all use and distribution of AIX and to destroy or return all copies
of UNIX System V source code. In the amended complaint, SCO is
seeking additional damages from IBM’s multi-billion dollar
AIX-related businesses that began accruing Friday, June 13th at
midnight. This amended complaint was filed today with the United
States District Court of Utah where SCO’s court case against IBM is
currently pending.
“IBM has chosen to continue the actions that violate our source
code and distribution agreements,” said Darl McBride, President and
CEO of The SCO Group. “Over the last several months, SCO has taken
all of the steps outlined in the UNIX licensing agreements to
protect its rights. Today SCO is requesting that the court enforce
its rights with a permanent injunction. IBM no longer has the
authority to sell or distribute AIX and customers no longer have
the right to use AIX software.”