[conspire] SCO Group Launches War Games
Rick Moen
rick at linuxmafia.com
Wed Aug 15 08:33:32 PDT 2007
Following up on my summary of the various SCO cases:
> SCO v. DaimlerChrysler: Alleges DaimlerChrysler infringes its licence
> to use AT&T System V software (and thus breaches contract) by
> failing to send SCO a required annual report certifying its ongoing
> compliance with that licence's obligations. The legal complaint
> also claims that Linux is a (in an unspecified fashion) derivative
> work of Unix System V, which would make DaimlerChrysler's use of
> Linux a further breach of its AT&T Unix contract. However, SCO doesn't
> seek damages for the Linux usage in this trial; it merely implies the
> threat of a future complaint for so doing in (alleged) violation of
> DaimlerChrysler's Unix contract's terms.
>
> Oddly enough, it's conceivable that SCO Group might eventually win the
> DaimlerChrysler case, if it lasts long enough. [...]
However, I somehow missed this case having been dismissed on December
26, 2004: http://www.groklaw.net/article.php?story=20041226135736488
http://www.groklaw.net/article.php?story=20040721122325926
During the hearing, DaimlerChrysler's attorney explained to the judge
that the firm hadn't used any of SCO's software for over seven years,
and thus SCO's demand for a list of CPUs running their software was a
bit laughable, and that, since they hadn't been running SCO's product
at all, their failure to certify licence compliance within 30 days of
SCO's demand was immaterial. The judge agreed -- and also agreed that
SCO's basically dead contract gave it no rights to go on a fishing
expedition into DaimlerChrysler's usage of other software not even
mentioned in the contract at all (including Linux).
Total court time: 18 minutes, start to finish.
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