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2003 May 31 14:52

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Re: [vox] SCO suing IBM over their Linux activity
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Re: [vox] SCO suing IBM over their Linux activity



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On Fri, May 30, 2003 at 11:12:33PM -0400, Mike Simons wrote:
>   March 7th - SCO notifies IBM that they are in breach of SCO's contract
>               for UNIX, and on June 12th? (100 days), IBM will lose
>               rights to AIX.
>=20
>     http://www.eweek.com/article2/0,3959,920733,00.asp
>=20
>     =3D=3D=3D
[...]
>     he said. "We have to give them 100 days notice before we
>     do that. If they don't cure the problems we have then we will revoke
>     their license. We sent them a letter today informing them of that, so
>     the 100-day clock has started."
>     =3D=3D=3D

http://www.sco.com/ibmlawsuit/sco_response_april30_2003.html
=3D=3D=3D
  SCO will revoke IBM's AIX license on June 13, 2003 as stated in the
  letter that was sent to Sam Palmisano on March 7, 2003. IBM may contend
  that their UNIX license is perpetual and irrevocable, but those rules
  only apply to companies who uphold the rules of their UNIX license and
  don't misappropriate SCO's UNIX source code.
 =20
  An analyst with Gartner put out a report on April 16 entitled, "SCO's
  lawsuit sends a warning to Linux IS shops" that stated "Two key
  questions are whether Linux is safe from encumbrances and how IBM will
  ensure AIX's future." We believe that these continue to be issues for
  Linux and AIX that need to be addressed.=20
=3D=3D=3D


>   April 30th - IBM responds to the complaint (not read yet)
>   May 27th - IBM amends response to complaint.

  Okay I've read over these now, the original response is mostly the same
as the amended.  There was a minor change:
  "IBM denies that Caldera is entitled to the requested relief or any relie=
f."
->
  "IBM denies that Caldera is entitled to the requested relief."

  The 7 defenses grew to 9 and were reworded a little bit.

>   From what I hear the first major court action will happen Friday,=20
> June 13th... but I expect that the case will be moved into federal court
> unless SCO comes up with a very good reason it should stay in Utah State
> court.

  I can not be sure of that date.

Information about the judge:
  http://www.utd.uscourts.gov/judges/kimball.html

  There are judge calendars at the bottom of the page, but only go two
weeks out, and no reference to IBM is there yet.

--=20
GPG key: http://simons-clan.com/~msimons/gpg/msimons.asc
Fingerprint: 524D A726 77CB 62C9 4D56  8109 E10C 249F B7FA ACBE

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