SCO looks to widen Linux complaint against IBM

The move came ahead of another hearing on the case today

By Scarlet Pruitt

February 6, 2004 12:00 PM ET

IDG News Service - The SCO Group Inc. aimed more legal fire at IBM this week, filing a motion to amend its Linux complaint against the company ahead of a hearing due to take place today.
It wasn't clear from court papers made public exactly how the suit would be amended, but SCO said in a filing Wednesday that the motion "adds claims that have arisen since the filing of the case." The court set Wednesday as the deadline for amended pleadings in the case.
An IBM representative had no comment on the motion early today, and SCO representatives weren't immediately available to comment.
The amendment will be the second since SCO filed its initial suit against IBM last March, claiming that the larger vendor misappropriated trade secrets related to its Unix license in order to benefit its Linux business. SCO licensed the Unix operating system to companies such as IBM, Sun Microsystems Inc. and Hewlett-Packard Co. after obtaining rights to the license in 1995.
SCO first amended its complaint against IBM in June, increasing the amount in damages it sought from $1 billion to $3 billion.
IBM has since countersued, claiming that SCO distributed its Linux technology without permission and infringed on technology copyrights.
The companies are due to meet in the U.S. District Court for the District of Utah today for a hearing on what information IBM needs to disclose to SCO.
In the motion filed Wednesday, SCO said that the proposed amendments to its case address concerns raised in IBM's motion to strike portions of SCO's defenses, "thereby rendering moot IBM's motion to strike."
The Lindon, Utah, company added that it anticipates that IBM may reveal additional evidence through discovery and requested an opportunity to further amend its complaint to address new evidence.
A trial of the case is set for April 11, 2005.

Reprinted with permission from

IDG.net
Story copyright 2009 International Data Group. All rights reserved.

Recommend Digg Twitter ShareThis

Email Print Send Feedback Reprints

Additional Resources

POLL RESULTS

Leading IT Pros Weigh In on Top IT Issues

Accelerate your knowledge of the IT world you inhabit by viewing the results of a series of polls taken by your IT peers. These polls of 100+ IT professionals each are available for full viewing. They cover key topics such as virtualization, processor performance, green IT, cloud computing and many others. Be a part of the buzz.

WHITE PAPER

For Best Results, Think Beyond the Box

Technology is complex. Keeping it running productively shouldn't be. To that end, you want to minimize the number of solutions needed in-house to simplify operations, maintenance, and support. Kodak offers a best-practices model. One company provides support for both scanner and software, for fast problem resolution without vendor finger-pointing. Download now!

WHITE PAPER

Accelerating the Path to Demand Intelligence with a Demand Signal Repository

Utilizing demand intelligence improves the precision of pricing, product assortments, channel/store placement, and promotion, which are all essential for sustainable revenue management performance. Learn more, download this free whitepaper today.

White Papers & Webcasts

IT Modernization in Government
As IT budgets are slashed, IT management pressures rise and legacy systems linger in government organizations, modernizing the IT infrastructure and applications has...

Usability Is Everything
Learn what sets Workday's HR and Payroll solutions apart from the competition....

Accelerate SSL Encrypted Applications
The amount of SSL traffic is growing in the enterprise. Because it is encrypted, it cannot be properly controlled and accelerated. Blue Coat...

The Value of Real SaaS at Workday
Cost savings, speed to value, and innovation brought to the enterprise by Workday's software-as-a-service solutions for HR and Payroll....

ESG Lab Field Audit
Many companies have successfully implemented Riverbed WAN optimization solutions within their Cisco networks. This ESG Lab Field Audit document explores the success that...

SaaS at Flextronics, Inc.
Dave Smoley, CIO of Flextronics, discusses the real value of software-as-a-service and why he chose Workday for his HR solution....

Shape Your Apps Strategy to Reflect New SaaS Licensing and Pricing Trends
Why are smart companies choosing software-as-a-service? Find out in the complimentary Forrester Research report...

Why Compliance Pays
This OnDemand webcast explores the relationship that firms with best compliance records have higher revenue, greater customer retention, lower financial losses from data...

Natural User Interface for Enterprise Applications
Learn how a revolutionary user interface can make a complex enterprise application so intuitive even casual users can jump right in....

Agile Enterprise Content Management (ECM) for Rapid ROI
Find out how combining ECM and BPM will help adress issues about content rich business processes....

All White Papers | All Webcasts