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SCO v. IBM settlement deal is done, but zombie case shuffles on elsewhere

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Red Hat
Legal

One strand of the ancient and convoluted SCO versus IBM legal mess that sought to determine who owns UNIX – and perhaps has a claim over Linux – may be about to end.

The case commenced in 2003, but its roots go even deeper.In 1998 IBM, the Santa Cruz Operation (SCO – a vendor of UNIX for x86 CPUs) and others teamed to create Project Monterey, with the aim of developing a version of UNIX that worked on multiple hardware platforms.

Which is just what the Linux community had started doing, too.

By 2001, IBM decided Linux was the future and quit Project Monterey, even acquiring some of the participants. By then Big Blue had created an experimental cut of its own UNIX-like AIX operating system that used some SCO code. But once Monterey was abandoned, IBM contributed some of its IP to Linux.

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Decades old $1B Linux lawsuit involving IBM is settled

  • Decades old $1B Linux lawsuit involving IBM is settled – or is it?

    Would you remember that, 20 summers ago, a lawsuit put the future of Linux at risk?

    At the time, the high profile suit, SCO v. IBM, filed in March 2003, involved SCO suing IBM for $1 billion, along with a mailing campaign with letters sent to 1,500 of the largest companies in the world that asserted IBM illegally contributed portions of SCO’s proprietary UNIX code, was roiled in confusion, WRAL TechWire reported in 2003.

    [...]

    According to a recent article on ZDNet, when Xinuos made the deal to acquire SCO, “its CEO, Richard A. Bolandz, promised that the company ‘has no intention to pursue any litigation related to the SCO Group assets acquired by the company. We are all about world leadership in technology, not litigation’.”

Edward Cahn, asset manager at TSG (The SCO Group)...

  • SCO vs. Linux: IBM to pay $ 14.25 million

    Edward Cahn, asset manager at TSG (The SCO Group) has submitted a document to the bankruptcy court of the US state of Delaware, according to which the litigation that has been smoldering since 2003 between TSG as the legal successor to the Unix producer SCO and IBM resulted in the payment of 14.25 Million dollars is ended by IBM. In return, TSG undertakes not to assert any further claims against IBM.

    The agreement between the two parties does not affect the claims of the Xinuos company. Under the name uniXis, TSG bought the rights and source code for the Openserver and Unixware products in 2011 with the promise to stay out of the legal dispute. The promise held until April 1, 2021, when Xinuos sued IBM. The company bought the Linux distributor Red Hat in order to be able to “harass” consumers, innovative competitors and all innovations in general. Xinuos also wants compensation because Openserver and Unixware would have been the leading Unix systems on the market until 2008.

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