IBM asks for quick rejection of SCO claims

IBM has asked the court presiding over its Linux dispute with the SCO Group to issue a prompt ruling that Big Blue did not infringe on SCO's copyrights.

In a motion for summary judgment filed Tuesday in U.S. District Court in Salt Lake City, IBM argues that SCO has produced no evidence to back up its copyright claims and is unlikely to do so. As a result, IBM states, the copyright claims should be dumped from the case.

"Despite the fact that SCO has been claiming for months that IBM's Linux activities infringe SCO copyrights," the filing reads, "SCO still fails to adduce the basic evidence necessary to support its copyright assertions."

A SCO representative did not immediately respond to a request for comment. An IBM representative declined to comment beyond the text of the filings.

SCO's failure to produce evidence marks a pattern that should let the court render a speedy decision, according to the filing. "No additional discovery is necessary on this counterclaim," according to the filing. "Indeed, given SCO's repeated failure to comply with the court's orders (to produce evidence), the fact of IBM's non-infringement should simply be established against SCO."

SCO rattled the technology world last year when it sued IBM, claiming the computing giant illegally incorporated into its Linux software some source code from the Unix operating system, which SCO claims to control. The case has since ballooned into a far-ranging attack on Linux, attracting legal attention from Linux companies Novell and Red Hat and the ire of Linux supporters worldwide.

SCO has since expanded the case to include several prominent corporate Linux users, including auto parts retailer AutoZone.

SCO recently linked the AutoZone case to the main IBM suit, filing a motion requesting that a decision on the copyright claims be delayed until the AutoZone case is settled, as the matters involve related issues.

IBM objected to that motion in a separate filing Tuesday, saying SCO's copyright claims are invalid across the board. IBM ridiculed statements by SCO executives regarding the industry-wide significance of the various suits.

"SCO seeks to dismiss or stay IBM's claims for a declaration of non-infringement," the filing reads, "on the theory that, while the future of the global economy may hang in the balance, the issue of IBM's copyright infringement should be decided not in this case involving IBM, but in the case SCO just filed against AutoZone, an auto parts company that has had little, if anything, to do with the development of Linux." What's your take on this story? Visit News.com's feedback section.

[srinivasmurty61]

Claims galore, no proof

SCO's beginning to look pathetic now. Particularly this business about wanting a verdict on the AutoZone case before the copyright case with IBM. Bankrolled as they are by Microsoft and others, SCO's intentions are to sow the seeds of confusion in the minds of corporate buyers and stop them from selecting Linux, since thats where the money is.
I see a pattern here and see Microsoft and Sun's hands behind this, mostly the former but even the latter. This dubious "study" that disses the creation of Linux ("how could a student design an operating sytem?") and alleges that he lifted it from Minix is the second part of the battle. First, they wanted to make it look like Linux was inferior to Windows and other OSes by bringing out results of studies of cost of ownership. Now, this attempt to make it look like Linux is nothing but stolen stuff, either from SCO or Prentice-Hall(?), depending on the angle of attack, is just another flanking manouvre.

[Fray9]

Boy who cried wolf

The good news here though is that Microsoft has been spreading so much FUD about just about everything lately that people have grown accustomed to it and no one beleives them anymore. I know I for one find that it only serves to further peak my interest when I find a product or service that Microsoft is so afraid of that they have to resort to slander, misinformation and bogus court cases to try and keep people using their inferior products.

In my mind.. Microsoft trying to "protect" the public from an "evil" product is the equivelent of giving it their seal of approval and proof of superiority.

Thanks MS I wasnt sure I wanted to get involved with Linux before this mess started.. now I have because of all the publicity you caused and Im working to change OSes throughout our company. Way to shoot yourself in the foot ;)

[ray08]

A balanced story from C/net?!

Good for you guys. It's taken long enough. For a more in-depth discussion, go to www.groklaw.net.

The bad news for me is that Darl has finally learned to shut his BIG mouth, thereby reducing the comedy show.

[Johnny Mnemonic]

A relevant quote summarizing the stages of this issue...

"First they ignore you,
then they laugh at you,
then they fight you,
then you win." -Ghandi

I think we may be approaching the final stage.