Good Morning Silicon Valley
Published: Tuesday August 17, 2004
SCO awarded honorary Darwin award
By John Paczkowski
If you've sued a company for illegally releasing portions
of your operating system code to the public, it's
probably unwise to freely distribute "public" versions of
that same code while your case is being heard in the
courts. In fact, it's sheer folly. Yet that's exactly
what SCO appears to have done. In a motion for partial
summary judgment of some of the claims made against it by
SCO, IBM charges that SCO has distributed products that
contain allegedly infringing code, as recently as two
weeks ago. "Although SCO claims to have 'discontinued'
distributing any products containing the source code it
claims IBM improperly disclosed, SCO continued to do so
after it filed this lawsuit," IBM explains in its motion.
"For example, SCO released its 'SCO Linux Server 4.0 for
the Itanium Processor Family' product on April 14, 2003,
after SCO filed its original complaint. ... In addition,
SCO continued to make the Linux 2.4 kernel available for
download from its Web site well after it commenced this
lawsuit. This code was still available off SCO's Web site
as recently as August 4, 2004. Given SCO's extensive
promotion and sale of Linux, and of the specific code
contributed by IBM therein, for years prior to commencing
this suit against IBM, SCO has waived any right to claims
that IBM breached its contracts by disclosing such code."
And so it appears that SCO's legal charade is coming to
an end. Certainly, IBM's motion will be extraordinarily
difficult to dispute. It's only a matter of time now.
[ ... ]
Good Morning Silicon Valley is written and edited with
the able assistance of John Murrell.
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