IBM strikes at SCO claims

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No one argues they didn't do it....

Linux has JFS in it, that is IBM's. They took their JFS and put it into Linux... no argument. SCO seems to say that JFS is a derivative work of SysV so although IBM owns it, they have distribution rights on it and IBM was supposed to keep it in confidence.

SysV is less than 1 percent of AIX and Dynix. IBM argued that the rest of AIX can't be a derivative of it. According to their understanding, the contract doesn't say anything about IBM's creations being a derivative of SysV or distribution being limited (exact opposite of SCO). Therefore, IBM is free to do what it wants with its creations.

They put in a just in case point by saying even if the court rules otherwise, SCO isn't the owner of SysV, Novell is, and they have already overruled SCO's restriction (they did this publically). If IBM did anything illegal with its software, it is between them and Novell, SCO has nothing to do with it.

I would also be surprised if the judge drops the case, as he does seem to be extremely detailed so that no one will successfully appeal him. But IBM has hit the heart of the case: Does SCO own SysV and if so, the distribution rights of IBM's creations?

BTW, IBM has stated they didn't illegally contribute any SysV code to Linux. Infact their MIT professor, Dr. Randall Davis, has studied the code and hasn't found anything (we are still waiting for the missing MIT code divers from SCO who said otherwise a year ago). On that point they are still waiting for SCO to put forth the proof of their accussation.

Posted by: doe_z   Posted on: 08/17/04 You are currently: a Guest | Members login | Terms of Use

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