DaimlerChrysler responds to SCO lawsuit
It asked a Michigan court to dismiss the suit
IDG News Service - DaimlerChrysler AG has asked a Michigan court to dismiss a lawsuit brought against it by Unix vendor The SCO Group Inc., saying there is "no genuine issue of material fact" in SCO's case.
Last month, SCO filed a lawsuit against the auto manufacturer in the Circuit Court for the County of Oakland, Mich., claiming that DaimlerChrysler had refused to provide "certification of compliance" indicating that it was in compliance with a Unix licensing agreement from November 1990 (see story).
In court filings dated April 15, however, DaimlerChrysler argues that although it has no obligation to provide SCO with the certification, it has indeed done so. "DaimlerChrysler has provided SCO with the only certification required under the license demonstrating that DaimlerChrysler is not even using and has not used the licensed software for more than seven years," the company said.
The filings refer to two letters sent by DaimlerChrysler to Bill Broderick, Lindon, Utah-based SCO's director of software licensing, and dated April 6, said DaimlerChrysler spokeswoman Mary Gauthier.
One of the letters, written by Norman Powell, DaimlerChrysler's senior manager of technology services, and addressed to Unix System Laboratories Inc. in Summit, N.J., certifies that DaimlerChrysler is no longer using the software licensed under a 1990 agreement between Chrysler Motors Corp. and Unix System Laboratories.
The second letter, written by DaimlerChrysler Senior Vice President and CIO Susan Unger and addressed to Broderick, says that SCO has no right to seek such a certification but adds that the first letter "should cause SCO to dismiss its suit."
Novell Inc. acquired Unix System Laboratories and rights to the Unix operating system from AT&T Corp. in 1993. Some of these rights were eventually transferred to SCO, although Novell now claims that it retained copyright to the Unix System V code that SCO also claims to own.
DaimlerChrysler appears to believe that SCO has no rights to its Unix contract as well. "We were rather puzzled when we saw the lawsuit, because we never had any agreement with SCO and never had any knowledge that SCO had assumed the rights to that agreement," said Gauthier.
The carmaker's filings ask the court to "grant summary disposition in its favor and against SCO, and deny SCO its requested relief."
SCO had been seeking damages for what it called "past violations of the DaimlerChrysler Software Agreement."
The fact that DaimlerChrysler has now produced the requested certification is unlikely to end SCO's lawsuit, said Bruce Perens, an open-source advocate who has been following the case.
"I do not expect SCO to willingly drop any lawsuit, nor do I expect them to
- Mission Critical: Managing Mobile Applications & Content Smartphones, tablets and other mobile devices have become embedded in enterprise processes, thanks to the consumerization of IT and a new generation of...
- Securing Mobility, From Device to Network At one time, the process of managing and securing mobile devices and applications was fairly straightforward. Most organizations worried about one application (email)...
- Planning for Mobile Success Many organizations are seeing clear and quantifiable benefits from the deployment of mobile technologies that provide access to data and applications any time,...
- The Challenges and Opportunities of Mobile Application Development Nearly all business users now demand mobile devices--their own or company-owned--along with anywhere access to corporate applications and data. What turns mobile devices...
- Keep Servers Up and Running and Attackers in the Dark An SSL/TLS handshake requires at least 10 times more processing power on a server than on the client. SSL renegotiation attacks can readily...
- On Demand: Mastering the Art of Mobile Content Management Mobile device usage in the enterprise has skyrocketed, and it continues to escalate. IT must answer to users who demand access to their... All Gov't Legislation/Regulation White Papers | Webcasts