As a result of SCO's infringement, IBM has been damaged and is entitled to an award of actual and/or statutory damages pursuant to 17 U.S.C. § 504 in an amount to be proven at trial. Because SCO's infringement has been willful, deliberate and in utter disregard and derogation of IBM's rights, IBM is entitled to enhanced statutory damages pursuant to 17 U.S.C. § 504. IBM is entitled to costs and attorney's fees pursuant to 17 U.S.C. § 505.

This is just one of hundreds of clauses in a document titled IBM'S SECOND AMENDED COUNTERCLAIMS AGAINST SCO which IBM filed last Friday with the US District Court for the State of Utah.

Bottom line: IBM doesn't think SCO has a leg to stand on. Not so much as a toe. Accordingly, it wants the Honorable Dale A. Kimball to issue a "declaratory judgement" in its favor - i.e., a judgement that could be issued as soon as the discovery process is over and before the case goes to trial.

IBM is 100% certain that it hasn't infringed on SCO's copyright, and hasn't breached its contractual obligations to SCO. Furthermore, it seems intent on getting SCO penalized for GPL violations and making them pay for the whole legal proceedings too.

• Lex Sells? - A Practical Legal Response to SCO: A "Free Software Act"
• SCO vs The Rest: IBM Must File Today, Novell Too
• Darl McBride's 5 Reasons Why SCO Can *STILL* Win vs IBM