Judge knocks back SCO's IBM Linux suit

 

SCO largely failed to prove stolen code in Linux, judge rules.

A Utah judge has dismissed a large portion of the claims that SCO filed against IBM in its ongoing Linux case.

SCO claims it owns key elements of the intellectual property of the Unix operating system and alleges that parts it have illegally ended up Linux open source distributions.

The company filed a lawsuit against IBM in 2003 demanding billions of dollars in damages for Big Blue's alleged role in the code misuse.

SCO so far has failed to produce much evidence to proof its case, prompting IBM to ask the judge presiding over the case to force the company to do so. After SCO failed to comply, Judge Brooke Wells largely sided with IBM in last week's ruling.

Nearly two thirds of all the items that SCO alleges IBM to have stolen concern misused methods and concepts. But in identifying those cases, SCO failed to identify the source code in which it claimed was violated.

The judge was unimpressed with SCO's case. "It is almost like SCO sought to hide its case until the ninth inning in hopes of gaining an unfair advantage" despite being repeatedly told to put "all evidence on the table", she wrote.

She furthermore scorned SCO's defence, which argued it was not necessary to provide IBM with the disputed code.

"The court finds SCO's arguments unpersuasive. SCO's arguments are akin to SCO telling IBM sorry we are not going to tell you what you did wrong because you already know," she said.

Copyright ©v3.co.uk


Judge knocks back SCO's IBM Linux suit
 
 
 
Top Stories
Meet FABACUS, Westpac's first computer
GE225 operators celebrate gold anniversary.
 
NSW Govt gets ready to throw out the floppy disks
[Opinion] Dominic Perrottet says its time for government to catch up.
 
iiNet facing new copyright battle with Hollywood
Fighting to protect customer details.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest Comments
Polls
In which area is your IT shop hiring the most staff?




   |   View results
IT security and risk
  26%
 
Sourcing and strategy
  12%
 
IT infrastructure (servers, storage, networking)
  22%
 
End user computing (desktops, mobiles, apps)
  15%
 
Software development
  26%
TOTAL VOTES: 333

Vote
Would your InfoSec team be prepared to share threat data with the Australian Government?

   |   View results
Yes
  57%
 
No
  43%
TOTAL VOTES: 138

Vote