|By Maureen O'Gara||
|January 1, 2000 12:00 AM EST||
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:
|Laurent 06/16/03 08:02:00 PM EDT|
Gentlemen, now the war starts.
SYS-CON Events announced today that Peak 10, Inc., a national IT infrastructure and cloud services provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Peak 10 provides reliable, tailored data center and network services, cloud and managed services. Its solutions are designed to scale and adapt to customers’ changing business needs, enabling them to lower costs, improve performance and focus inter...
Apr. 30, 2016 07:45 AM EDT Reads: 887
In his session at @ThingsExpo, Chris Klein, CEO and Co-founder of Rachio, will discuss next generation communities that are using IoT to create more sustainable, intelligent communities. One example is Sterling Ranch, a 10,000 home development that – with the help of Siemens – will integrate IoT technology into the community to provide residents with energy and water savings as well as intelligent security. Everything from stop lights to sprinkler systems to building infrastructures will run ef...
Apr. 30, 2016 07:30 AM EDT Reads: 557
SYS-CON Events announced today that DatacenterDynamics has been named “Media Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY. DatacenterDynamics is a brand of DCD Group, a global B2B media and publishing company that develops products to help senior professionals in the world's most ICT dependent organizations make risk-based infrastructure and capacity decisions.
Apr. 30, 2016 06:00 AM EDT Reads: 2,448
Between the mockups and specs produced by analysts, and resulting applications built by developers, there exists a gulf where projects fail, costs spiral, and applications disappoint. Methodologies like Agile attempt to address this with intensified communication, with partial success but many limitations. In his session at 18th Cloud Expo, Charles Kendrick, CTO & Chief Architect at Isomorphic Software, will present a revolutionary model enabled by new technologies. Learn how business and devel...
Apr. 30, 2016 04:00 AM EDT Reads: 1,718
You think you know what’s in your data. But do you? Most organizations are now aware of the business intelligence represented by their data. Data science stands to take this to a level you never thought of – literally. The techniques of data science, when used with the capabilities of Big Data technologies, can make connections you had not yet imagined, helping you discover new insights and ask new questions of your data. In his session at @ThingsExpo, Sarbjit Sarkaria, data science team lead ...
Apr. 29, 2016 09:15 PM EDT Reads: 355
The IoT has the potential to create a renaissance of manufacturing in the US and elsewhere. In his session at 18th Cloud Expo, Florent Solt, CTO and chief architect of Netvibes, will discuss how the expected exponential increase in the amount of data that will be processed, transported, stored, and accessed means there will be a huge demand for smart technologies to deliver it. Florent Solt is the CTO and chief architect of Netvibes. Prior to joining Netvibes in 2007, he co-founded Rift Technol...
Apr. 29, 2016 09:00 PM EDT Reads: 1,553
If there is anything we have learned by now, is that every business paves their own unique path for releasing software- every pipeline, implementation and practices are a bit different, and DevOps comes in all shapes and sizes. Software delivery practices are often comprised of set of several complementing (or even competing) methodologies – such as leveraging Agile, DevOps and even a mix of ITIL, to create the combination that’s most suitable for your organization and that maximize your busines...
Apr. 29, 2016 08:30 PM EDT Reads: 1,754
New Relic, Inc. has announced a set of new features across the New Relic Software Analytics Cloud that offer IT operations teams increased visibility, and the ability to diagnose and resolve performance problems quickly. The new features further IT operations teams’ ability to leverage data and analytics, as well as drive collaboration and a common, shared understanding between teams. Software teams are under pressure to resolve performance issues quickly and improve availability, as the comple...
Apr. 29, 2016 07:30 PM EDT Reads: 2,413
The proper isolation of resources is essential for multi-tenant environments. The traditional approach to isolate resources is, however, rather heavyweight. In his session at 18th Cloud Expo, Igor Drobiazko, co-founder of elastic.io, will draw upon their own experience with operating a Docker container-based infrastructure on a large scale and present a lightweight solution for resource isolation using microservices. He will also discuss the implementation of microservices in data and applicat...
Apr. 29, 2016 05:15 PM EDT Reads: 1,705
Join IBM June 8 at 18th Cloud Expo at the Javits Center in New York City, NY, and learn how to innovate like a startup and scale for the enterprise. You need to deliver quality applications faster and cheaper, attract and retain customers with an engaging experience across devices, and seamlessly integrate your enterprise systems. And you can't take 12 months to do it.
Apr. 29, 2016 04:30 PM EDT Reads: 1,792
See storage differently! Storage performance problems have only gotten worse and harder to solve as applications have become largely virtualized and moved to a cloud-based infrastructure. Storage performance in a virtualized environment is not just about IOPS, it is about how well that potential performance is guaranteed to individual VMs for these apps as the number of VMs keep going up real time. In his session at 18th Cloud Expo, Dhiraj Sehgal, in product and marketing at Tintri, will discu...
Apr. 29, 2016 04:30 PM EDT Reads: 656
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, will discuss how research has demonstrated the value of Machine Learning in delivering next generation analytics to im...
Apr. 29, 2016 03:45 PM EDT Reads: 1,644
This is not a small hotel event. It is also not a big vendor party where politicians and entertainers are more important than real content. This is Cloud Expo, the world's longest-running conference and exhibition focused on Cloud Computing and all that it entails. If you want serious presentations and valuable insight about Cloud Computing for three straight days, then register now for Cloud Expo.
Apr. 29, 2016 03:30 PM EDT Reads: 1,677
As you respond to increasing requests for new analytics, you need fast and flexible technology in your arsenal so that you can deploy the right workload to the right platform for the need at hand. Do you need self-service and fast time to value? Do you have data and application control and privacy needs, along with strict SLAs to meet? IBM dashDB™ is data warehouse technology powered by in-memory computing and in-database analytics that are designed for fast results, scalability and more.
Apr. 29, 2016 03:15 PM EDT Reads: 1,557