SCO has been threatening to take action against clients of IBM who used the Linux operating systems covered by its case against Big Blue; and now says it will announce the name of its first such target today - and it will be a major, non-technology company.
Last month a self-imposed deadline for the SCO group to start actions against users passed with no word from the company; and there has been some scepticism among observers as to whether it will do so before it has publicly demonstrated more of IBM's alleged 'misuse' to the Court. SCO alleges that IBM included some of its proprietary Unix code in Linux products which it then distributed widely.
Blake Stowell, SCO's communications director, told eWEEK.com yesterday that while: "the law suit would be filed today [Tuesday], SCO would not be annnouncing the name of the company until tomorrow morning, March 3." He also said that the company they are targeting is on the list of 1,500 companies that had received warnings last year.
Last week, IBM said it would not oppose SCO's request to add copyright infringement claims to its existing action against IBM claiming damages because of IBM's misuse of SCO's proprietary Unix code in Linux software. IBM presumably calculates that it is better to get on with the substantive legal process rather than spend time on procedural wrangling over a motion (to add copyright infringement) which is likely to be allowed by the Court.
"IBM does not oppose plaintiff's motion," attorneys for the company said to the US Court for the Central District of Utah. However, IBM called the SCO copyright allegations "meritless" and said it would defend itself against them. The copyright claims would add $2bn to the existing $3bn total being demanded by SCO.
The original lawsuit is currently bogged down in the 'discovery' phase while IBM waits for SCO to provide more detailed support for its allegations.
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