Legal Setback Raises Questions Of SCO's Survival
Unix vendor SCO Group's intellectual property lawsuit against IBM has been widely seen as a go-for-broke strategy. Now it looks more like just a plan to go broke.
Utah District Court Magistrate Judge Brooke Wells in late June dismissed 182 of the 201 claims IBM sought to have thrown out of the case; 112 claims remain. The legal action dates back to March 2003, when SCO charged that IBM's contributions to the Linux open source operating system contained lines of code that it had purloined from SCO's Unix software.
Judge Wells said the dismissed claims lacked the specificity needed to hold up in court. SCO, in most instances, failed to identify which lines of code IBM is alleged to have taken improperly.
One analyst says the ruling means that commercial Linux users can breathe easier. A SCO spokesman said there has been "no change" in the policy outlined in McBride's screed. But given last week's ruling, odds are that SCO won't be around long enough to chase down any more Linux users.