Language Selection

English French German Italian Portuguese Spanish

Legal Setback Raises Questions Of SCO's Survival

Filed under
OS

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.

Full Story.

SCO's Survival

I've been reading Groklaw 2-3 times a week for last couple of years, and following the IBM v SCOG and Novell v SCOG cases with varying degrees of attention.

Pamela Jones (the founder/head of Groklaw) has been right all along.

Of the 112 claims that remain in the IBM v SCOG, a few are easily shown as spurious, and the remainder will likely be shown as prior art--if, indeed, SCOG survives long enough to actually pursue them the court. Pamela and Groklaw's crack gang of researchers have already been doing vast amounts of homework on the prior art. Whether it's short run, or long run, SCOG is toast.

The one thing I've always admired about Groklaw is their unflagging effort to print source documents--it's not just a bunch of pundits pontificating--you get to read the source material (when it can be obtained), and you can draw your own conclusions. Very much in the Open Source spirit.

It has also brought home why I would never, never, never become a lawyer Smile.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

More in Tux Machines

openSUSE Leap 42.2 Now Merged with SUSE Linux Enterprise 12 Service Pack 2

The development cycle of the openSUSE Leap 42.2 operating system continues, and today we would like to inform our readers about the availability of the third and last Alpha build in the series. Read more

Linux 4.7 and Linux 4.8

  • Linux Kernel 4.7 Officially Released, Introduces Support for Radeon RX480 GPUs
    Today, July 24, 2016, after a week of holiday fun, Linus Torvalds has had the great pleasure of announcing the release of Linux kernel 4.7 for all GNU/Linux operating systems. The Linux 4.7 kernel has been in development for the past two months, but that shouldn't surprise anyone who is either reading our website on a regular basis or keeping pace with the Linux kernel development cycle, which was very normal for this branch. A total of seven Release Candidate (RC) testing builds were released since May 29, 2016, which introduced numerous new features and improvements.
  • The Biggest Features Of The Linux 4.7 Kernel
    If all goes according to plan, the Linux 4.7 kernel will be released before the day is through.
  • The Size Of Different DRM Graphics Drivers In Linux 4.7
    Last October I looked at The Size Of The Different Open-Source Linux DRM/Mesa Graphics Drivers, but with it being nearly one year since then and Linux 4.7 due out today, I decided to run some fresh L.O.C. measurements on the popular DRM/KMS drivers to see their current sizes. This lines-of-code counting was mostly done out of a curiosity factor. In this article I'm just looking at the in-kernel DRM code and not the Mesa drivers, DDX drivers, LLVM back-ends, or anything else in user-space related to the open-source graphics drivers.
  • The Btrfs Windows Driver Updated With RAID Support & Other Features
  • Hardened Usercopy Appears Ready To Be Merged For Linux 4.8
    Yet another Linux kernel security feature coming to the mainline kernel that appears readied for the Linux 4.8 merge window is hardened usercopy. Hardened usercopy was originally based upon GrSecurity's PAX_USERCOPY feature but reworked into a whole new form, according to developer Kees Cook at Google. This hardened usercopy is to be exposed as the CONFIG_HARDENED_USERCOPY option within the kernel.

Ubuntu MATE 16.04.1 LTS Fixes the Raspberry Pi Partition Resizer, Adds MATE 1.14

As part of the Ubuntu 16.04.1 LTS (Xenial Xerus) announcement, Martin Wimpress informs us about the release of the Ubuntu MATE 16.04.1 LTS operating systems for users of Ubuntu MATE 16.04 LTS. Ubuntu MATE 16.04.1 LTS is not a major release, and if your Ubuntu MATE 16.04 LTS (Xenial Xerus) installation is up to date, you already have the latest software updates and security patches that have been injected in the new installation mediums generated mainly for those who want to reinstall or deploy the OS on new systems. Read more

elementary OS 0.4 "Loki" Gets New Beta with over 70 Bugfixes, RC1 Coming Next

The guys over elementary OS have released a second Beta version of the highly anticipated elementary OS 0.4 "Loki" operating system, fixing numerous of the issues reported by users since the first Beta. This time, the announcement was made by Daniel 'DanRabbit' Foré, who reports that more than 70 bugs reported by public beta testers since last month's Beta release have been squashed, and that many of the fixes are in fact configuration changes, which means that they won't be available to those running the first Beta build, so they'll have to make a fresh install. Read more