Linked by Thom Holwerda on Sat 2nd Dec 2006 18:35 UTC, submitted by deanlinkous
Legal "A federal judge on Thursday gutted SCO Group's USD 5 billion, Linux-related lawsuit against IBM - renewing debate about the Utah company's future. Concluding a six-week review, US District Judge Dale Kimball upheld federal Magistrate Brooke Wells' June decision to strike down two-thirds of SCO's allegations. The Lindon-based software company contends IBM violated its contract and copyrights when it allegedly leaked SCO-owned Unix code into the freely-distributed Linux operating system.
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Linux now mostly in the clear
by Priest on Sun 3rd Dec 2006 00:17 UTC
Priest
Member since:
2006-05-12

The INQ had some info on the case also here: http://www.theinquirer.net/default.aspx?article=36096

In that article Nick Farrell stated that there was no infringing code found in Linux and that is the portion of the case that has now been tossed.

The case will be on hold mostly pending the results of Novell vs. SCO which will decide if SCO rightfuly owns UNIX in the first place.

As for the remaining claims, even if SCO wins against Novell I don't see IBM losing much sleep.

The next major portion of SCO's case is that they told IBM to stop distributing AIX because of the infringing Linux code. IBM told SCO to shove it and continued distributing AIX because the claim against Linux was groundless which they have now proven (and SCO has no option to appeal)

So with their argument about revoking IBM's UNIX license for AIX shot full of holes, any remaining claims that might actually be upheld will be fairly minor fees/fines that will have little or no impact on IBM or Linux.

*disclaimer: IANAL

Edited 2006-12-03 00:23

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