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SCO Amends IBM Complaint Again

SCO Amends IBM Complaint Again

The SCO Group has amended its $3 billion worth of charges against IBM and, according to SCO CEO Darl McBride, has added copyright complaints to its largely breach-of-contract suit.

McBride suggested that IBM was making more of SCO's original misappropriation of trade secrets charge than SCO likes and that the copyright issue would somehow get SCO back in the direction it wanted to go.

In mid-January SCO was threatening to press copyright claims, but it was assumed the company meant against end users since its lawyers had indicated that would be their grounds. This is a horse of a different color.

Before the MyDoom distraction, when it was turning over its evidence against Linux to IBM, SCO was sounding a bit airy about whether Linux was copied from AIX and Dynix or not, telling the court it was "almost certainly" copied or derived.

Anyway, the parties are supposed to be in court sorting out all the existing motions and counter-motions on Friday, February 6. IBM is more than likely to come in all disgruntled with SCO's answers to its discovery questions - SCO left a lot unsaid claiming it needs an up-to-date copy of IBM Unix system AIX to get to the bottom of exactly what IBM poached and depositions from Linux programmers to learn the source of the code.

SCO of course has a motion pending to get AIX, but was ordered by the court to make its case against Linux first. If it got AIX and Dynix, it told the court it would need 90 days to sort through it and give IBM its evidence.

Doubtless IBM will try to set things up for a summary judgment.

IBM is unlikely to get a summary judgment out of the magistrate dealing with all the housekeeping on behalf of the judge whose case it really is.

By the way, one legal opinion claims that SCO left itself wide opened when it filed suit against Novell. Supposedly it's dead in the water if it doesn't come out of it with exclusive rights to the IP.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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