IBM may lose UNIX and Linux license.

Doubt it, IBM has been moving away from AIX and towards Linux for some time now. More money in the services industry (read: Linux support) anyhow.
 
...but *any* company that uses Linux is affected as SCO has previously said..


SCO, the owner of UNIX, alleges that chunks of its UNIX code have turned up in IBM's Linux software.
 
SCO is backed into a corner because they made a whole lot of stupid decisions and now they're trying to get money. Actually, that's not quite true. It's a classice tatic which investors do when they start losing money like they have.

You piss off the biggest competitor with a lawsuit threatening their important IP, which will be a huge financial loss if the comptetitor loses and/or large chunks of time and money in the courts. So, the big competitor says no time for this and buy them. The investors walk away with a bunch of money and the competitor doesn't have to worry about any serious damage. SCO is worth chump change, IBM could take this out of their Linux fund 1 billion dollars total and probably not feel it. SCO has gone from 120 million in revenue per year to 10-20 million. They're screwed.
 
I will worry about SCO more than IBM, SCO has partnered with MS recently and act like that

Please read this and this

They are press releases from Novell.

Quote a bit of it.

First, Novell challenged SCO's assertion that it owns the copyrights and patents to UNIX System V, pointing out that the asset purchase agreement entered into between Novell and SCO in 1995 did not transfer these rights to SCO. Second, Novell sought from SCO facts to back up its assertion that certain UNIX System V code has been copied into Linux. Novell communicated these concerns to SCO via a letter (text below) from Novell® Chairman and CEO Jack Messman in response to SCO making these claims.

"To Novell's knowledge, the 1995 agreement governing SCO's purchase of UNIX from Novell does not convey to SCO the associated copyrights," Messman said in the letter. "We believe it unlikely that SCO can demonstrate that it has any ownership interest whatsoever in those copyrights. Apparently you share this view, since over the last few months you have repeatedly asked Novell to transfer the copyrights to SCO, requests that Novell has rejected."

The open source community is relatively calm to this stupid action.
 
You piss off the biggest competitor with a lawsuit threatening their important IP, which will be a huge financial loss if the comptetitor loses and/or large chunks of time and money in the courts. So, the big competitor says no time for this and buy them. The investors walk away with a bunch of money and the competitor doesn't have to worry about any serious damage. SCO is worth chump change, IBM could take this out of their Linux fund 1 billion dollars total and probably not feel it. SCO has gone from 120 million in revenue per year to 10-20 million. They're screwed.

Sounds like 3dfx (chump) and NVIDIA (biggest competitor) :)
 
http://www.eetimes.com/sys/news/OEG20030530S0044

McBride charged that SCO had arranged a meeting with a Novell executive earlier in the week to explain the infringements, but that the Novell executive reportedly never showed up. Instead, Novell issued an open letter on Wednesday stating that SCO does not own the copyrights and patents for Unix, which it sold to SCO eight years ago.

"Apparently you share this view, since over the last few months you have repeatedly asked Novell to tranfer the copyrights to SCO, requests that Novell has rejected," the letter said.

McBride countered that Novell is wrong about the patent and copyright issues, but added that "none of SCO's enforcement actions have been based on copyrights or patents, anyway."

The company said that its enforcement actions have been based on the contract rights that flow from its 30,000 Unix system licensees, not from patents.

SCO executives also addressed charges that they have failed to reveal the infringements, saying that they will next week begin showing evidence to industry analysts who agree to sign non-disclosure agreements.

"We will be showing direct lines of code from our Unix and Unixware source in the Linux kernel," said Chris Sontag, a senior vice president for SCO. "We are very confident of the evidence we have."
 
Before the settlement of the mess between SCO and Novell

IBM's reply

IBM Comment on SCO Press Release

ARMONK, N.Y. -- June 16, 2003 -- Since filing a lawsuit against IBM, The SCO Group has made public statements and accusations about IBM's Unix license and about Linux in an apparent attempt to create fear, uncertainty, and doubt among IBM's customers and the open source community.

From the outset, IBM's position on this lawsuit has been unequivocal. IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. IBM will defend itself vigorously. This matter will be resolved in the normal legal process.

IBM will continue to ship, support and develop AIX, which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. As always, IBM will stand behind our products and our customers.

edit: more to the SCO shit from byte.com - SCO Owns Your Computer
 
In a brief written statement, IBM added that it "will continue to ship, support and develop AIX."

SCO Group responded by arguing that IBM's UNIX license is no longer perpetual if it violates the terms of its contract. "It's like a driver's license," the SCO spokesman said. "It can be revoked for violations of the law. Because IBM didn't abide by the terms of the contract and didn't protect our code, their license is being revoked."

The SCO spokesman suggested that all users of AIX check with their attorneys to determine "if they have an operating system in their organization that has become invalid in terms of its license." Had IBM returned and destroyed all copies of AIX, SCO Group said it would not have leveled further legal charges against the computing giant. But because IBM has continued to ship and develop AIX, SCO Group said its original $1 billion lawsuit should now be considered a "multi-billion dollar lawsuit."

"Every day they go forward [with AIX] is a day in which they are risking millions of dollars in revenues," the SCO spokesman said.
 
SCO can say whatever they assume, saying something more frequent or louder than the other doesn't make that something the truth.

Poor SCO is so desparate.
 
IBM has some of the best IT lawyers in the industry, I wouldn't be too worried about it. Granted, SCO did manage to hire the guy that fought the Microsoft case ... (what's his name, Boies?) But come on, multi-billion multinational IBM vs. Utah-based SCO? Seriously... in the worst case scenario, IBM buys out SCO with pocket change, then business as usual.

According to their SEC filing, SCO has $37.406 million dollars in assets, and earned $4.002 million dollars in the past six months (They got $8.25 million by licencing to Microsoft and a "unnamed company"). If it wasn't for MS buying their licence, they'd be losing money, like they did last year - for the first half of 2002, they lost $17.69 million. SCO is small fry. My guess is this will get swatted down like the rash of Rambus lawsuits. The only reason this is even getting press attention is because its about Linux.
 
Well, certain people hope that 80 lines of SCO copyrighted code (incl. comments) found in Linux, will result in the failure of the Cell architecture, since it is rumored to be powered by embedded Linux. Fear grows strange fruit ...
 
ChryZ said:
Well, certain people hope that 80 lines of SCO copyrighted code (incl. comments) found in Linux, will result in the failure of the Cell architecture, since it is rumored to be powered by embedded Linux. Fear grows strange fruit ...


Yes the fact that CELL is merely a patent ...makes us all want to run and hide :LOL:

Oh did I mention that this patent can process a heart attack inducing 1 TFLOPS too. ;)
 
Fafalada said:
CELL and PS3 will run Linux.
PS3 even having an OS has been but a rumor so far, as well as what OS that might it be. It could just as well run on embeded OS/2 for all we know :p

Didn't SONY say CELL variants would be used in other devices that will be running Linux?
 
I don't recall any mentions of OS in those, just talk of Cell for embeded applications etc., but I could be wrong, you got any quotes?
 
This talks about only Sony and Matsushita Linux development though.

Not something that would be affected by allegations of IBM breaching their Unix license terms.
 
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