Welcome!

Related Topics: Open Source Cloud

Open Source Cloud: Article

SCO Files for AIX Injunction against IBM

SCO Files for AIX Injunction against IBM

(June 16, 2003) - The SCO Group today, as expected, asked a federal court in Utah to enjoin IBM permanently from distributing its proprietary Unix operating system AIX.

The move, if upheld, would effectively pull the plug on all AIX systems worldwide.

With its license pulled, IBM is supposed to destroy or return all software products, SCO said.

SCO has no alternative license scheme in mind to offer affected end users and has told them to seek legal opinion and tease out the implications of running unauthorized code, hopeful that the users themselves will bring pressure to bear on IBM and ultimately bring the company to book.

Because SCO is bypassing the usual route of seeking a temporary injunction, its bid for an injunction won't be heard until its billion-dollar trade secrets-breach of contract suit against IBM is heard, which could take a year or two, SCO's own lawyers have previously estimated.

If SCO eventually gets its injunction, however, it maintains that it could claim all of IBM's AIX-related revenues - hardware, services, and software - from today forward.

SCO CEO Darl McBride believes IBM's Unix business is worth a "huge number, multibillions of dollars" a year. He'll have a clearer handle on exactly how much when the companies get into discovery.

McBride described SCO as "entering the end game" and as being ready to start discovery. He denied that the company was in any way temporizing by seeking a permanent injunction and said that no matter whether it sought a permanent or a temporarily injunction, the next step would be the same - discovery.

SCO's suit against IBM stems from its sensational claim that IBM misappropriated IP from the Unix operating system that SCO now owns and put it in Linux - in some cases line by line - to make it enterprise-class in a hurry, destroying the economic value of Unix and aggrandizing IBM's own new Linux business.

Sequent Computer, now owned by IBM, has been added to the suit, McBride said. SCO has found a "truckload of code at the high end" from Sequent, a Unix licensee, in Linux, he said.

SCO has also added the charge of export control violations to the suit, McBride said, alleging that Linux - because it is open source and freely available - is accessible to rogue nations such as North Korea for use in weapons systems.

SCO threatened to cancel IBM's AIX license when it filed suit in March, giving IBM 100 days to cease what SCO alleges are its anticompetitive practices or face termination. IBM have effectively ignored SCO, refusing to negotiate - or reportedly even talk much - maintaining that its license is "perpetual" and "irrevocable."

The deadline on SCO's ultimatum fell due last Friday night at midnight without IBM showing any signs of reforming. McBride said that SCO, as heir to the original contracts IBM signed, is merely enforcing the agreements as envisioned "20 years ago."

The suit threatens to levy a tax on Linux, an idea that is anathema to the open source movement.

SCO has been showing the allegedly tainted code to industry analysts and some press people under NDA. It is also believed to showing the code to potential licensees.

For more on SCO's attempts to monetize Linux, see also these LinuxGramstories:

Clock Runs Out on SCO Ultimatum to IBM
Despite SCO, Open Source Needs Fixing
The Pirates of Penguinance; The Very Model of a SCO Executive
SCO Enjoined
SCO's Price Tag
SCO Finds Smoking Gun

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (1) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
Laurent 06/16/03 08:02:00 PM EDT

Gentlemen, now the war starts.

Latest Stories
Using new techniques of information modeling, indexing, and processing, new cloud-based systems can support cloud-based workloads previously not possible for high-throughput insurance, banking, and case-based applications. In his session at 18th Cloud Expo, John Newton, CTO, Founder and Chairman of Alfresco, described how to scale cloud-based content management repositories to store, manage, and retrieve billions of documents and related information with fast and linear scalability. He addres...
Enterprises have forever faced challenges surrounding the sharing of their intellectual property. Emerging cloud adoption has made it more compelling for enterprises to digitize their content, making them available over a wide variety of devices across the Internet. In his session at 19th Cloud Expo, Santosh Ahuja, Director of Architecture at Impiger Technologies, will introduce various mechanisms provided by cloud service providers today to manage and share digital content in a secure manner....
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo Silicon Valley Call for Papers is now open.
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
Fact: storage performance problems have only gotten more complicated, as applications not only have become largely virtualized, but also have moved to cloud-based infrastructures. Storage performance in virtualized environments isn’t just about IOPS anymore. Instead, you need to guarantee performance for individual VMs, helping applications maintain performance as the number of VMs continues to go up in real time. In his session at Cloud Expo, Dhiraj Sehgal, Product and Marketing at Tintri, wil...
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, will deep dive into best practices that will ensure a successful smart city journey.
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
19th Cloud Expo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterpri...
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
To leverage Continuous Delivery, enterprises must consider impacts that span functional silos, as well as applications that touch older, slower moving components. Managing the many dependencies can cause slowdowns. See how to achieve continuous delivery in the enterprise.
Ixia (Nasdaq: XXIA) has announced that NoviFlow Inc.has deployed IxNetwork® to validate the company’s designs and accelerate the delivery of its proven, reliable products. Based in Montréal, NoviFlow Inc. supports network carriers, hyperscale data center operators, and enterprises seeking greater network control and flexibility, network scalability, and the capacity to handle extremely large numbers of flows, while maintaining maximum network performance. To meet these requirements, NoviFlow in...