SCO and IBM again

[Jerry Feldman]

Last July, Magistrate Judge Wells effectively threw out most of SCO's
case against IBM, and SCO appealed to Judge Kimball. On November 29th,
Judge Kimball affirmed Judge Well's order. SCO has since filed a
"request for reconsideration " of that order. Of course, IBM objects to
SCO's request, which makes interesting reading. 
http://www.groklaw.net/pdf/IBM-883.pdf

basically, the SCO vs. IBM lawsuit is a contract dispute where SCO
accuses IBM of contributing Unix code to Linux, specifically:
NUMA - Developed by Sequent which was purchased by IBM
JFS
SMP

None of the above were ever part of SCO's code, but under SCO's
interpretation, they are "derivative works".  IBM states they are
original works allowed by the AT&T contract and not "derivative works"
under federal copyright law. 


-- 
Jerry Feldman <gaf at blu.org>
Boston Linux and Unix user group
http://www.blu.org PGP key id:C5061EA9
PGP Key fingerprint:053C 73EC 3AC1 5C44 3E14 9245 FB00 3ED5 C506 1EA9