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SCO vs IBM: "There's Been No Infringement - Dismiss the Suit," Urges IBM

SCO vs IBM: "There's Been No Infringement - Dismiss the Suit," Urges IBM
By Linux News Desk
Article Rating:
March 31, 2004 12:00 AM EST
Reads:
 24,373

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.

 

Published March 31, 2004 – Reads 24,373
Copyright © 2004 SYS-CON Media, Inc. — All Rights Reserved.
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SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

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Most Recent Comments
Some Guy 04/02/04 04:21:10 PM EST

I urge all of you to boycott SCO products from now on. I found e-mail address bstowell@sco.com on the http://www.sco.com web site. Send this joker an e-mail or two and tell him to dump the lawsuit and get back to work. Nyah!
Fecal Extrusion 04/01/04 09:06:01 PM EST

I'm sure Microsoft would give Darl McBride a job.
He'd fit in perfectly...
Justin Case 04/01/04 07:21:45 PM EST

SCO has been behaving like a spoiled child and I for one would be glad to see them get their comeupance.
Lars 04/01/04 10:15:59 AM EST

Go SCO, Go SCO
Down
Programous 03/31/04 03:40:08 PM EST

SCO is very funny. Im looking foward to seeing how much longer there going to attempt this.
Andre Felipe Machado 03/31/04 07:43:44 AM EST

On a point of information, Hello,
Following the new elected country government, the official open source
government portal
http://www.softwarelivre.gov.br
has the first non english official translation of GPL and LPGL that could be
used for law enforcements in Brasil

GPL

LGPL

Worth a look for other governments...

It will likely be a hard time for SCO here if they try to split case here...
Good luck.
Andre Felipe Machado