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Claim SCOLIN - SCO beats IBM over Linux

Category: News:World News Science & Technology:Technology News:US News Science & Technology:Computer Industry Science & Technology:Internet JUDGED at 0
Owner:5283, lunatic
Judge:4826, Njörd
due date:2010/12/31

The Claim

The Claim

Caldera Systems, Inc. will succeed in its legal claim alleging trade secret misappropriation, breach of contract, copyright violations, trademark violations and / or patent violations with respect to the inclusion of UNIX code in Linux.


  • For this claim to succeed, a court must find for Caldera / SCO. If IBM enters into a settlement with SCO that results in the case not going to trial, this claim is to be judged NO.
  • If this case does not go to trial for any reason, including but not limited to:
    • The dissolution of SCO
    • The dissolution of IBM
    • The purchase of SCO by IBM or another entity
    • The purchase of IBM by SCO or another entity
    This claim will be judged NO.
  • In order to be judged YES, the court must find that IBM improperly contributed source code from UNIX to Linux. Whether this contribution was improper due to copyright, contract or other reason has no bearing on this claim
  • This claim will be judged according to the decision by the first court to hear and render a verdict on this case, without regard to any appeals to higher courts

Background of Claim

Caldera Systems, Inc. d/b/a The SCO Group filed a lawsuit against IBM in March, 2003. This lawsuit alleges that IBM breached a contract with SCO, with respect to the release of proprietary, trade secret information. In particular, it alleges that IBM improperly contributed code from one of:

  • UNIX System V
  • AIX
to Linux, with the intent of destroying the market for SCO's products.

For its part, IBM has filed a countersuit claiming that SCO is violating the GPL by continuing to distribute and license the Linux kernel under a non-GPL license. IBM claims that SCO's suit is unsubstantiated fluff.

Judge's Statement


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