Update: Novell was 3rd Party to SCO-IBM AIX Contract

Thursday, August 07 2003 @ 01:58 PM EDT

Contributed by: PJ

Update: Novell was 3rd Party to SCO-IBM AIX Contract
Novell Disputes SCO's Right to Terminate

I just spoke with Trink Guarino at IBM, who informed me that the SCO/IBM contract regarding AIX, which SCO claims they terminated, was a three-party contract, the third party being Novell, and that Novell sent a letter to SCO disputing their right to terminate IBM's AIX license. No wonder IBM hasn't been acting worried. Funny SCO didn't tell us about this, huh? This is huge. More soon. Very soon.

While we wait, ECommerceTimes has this:

"IBM claims SCO's case has no merit or supporting facts. The company is countersuing SCO for several issues: violation of the Linux General Public License (GPL); improper claims to revoke IBM's Unix license; and infringement of IBM patents relating to SCO's UnixWare, Open Server, SCO Manager and Reliant clustering software products.

"Big Blue is seeking compensatory and punitive damages and an injunction requiring SCO to refrain from 'misrepresenting its rights' and to cease further infringement of IBM's patents, according to the claim."

Germany: "We Must Resist" --
Looks Like More Legal Action

Here is an article that seems to be saying that there is a court order against SCO in Germany. I have run it through a computer translator, but to all you Golem.de folk: "Bitte, auf English!" Anyone?

"Provisional order against SCO

"Of Bremen Linux specialist univention proceeds against SCO

"That of Bremen Linux specialist univention obtained regional court before that of Bremen against the SCO Group GmbH a provisional order. The order forbids maintaining it SCO, "that Linux operating systems illegitimately acquired mental property of SCO Unix contains and/or that final user, which uses Linux, for whom associated patent right violations can be made liable". During offence an order cash of up to 250.000 euro threatens.

"Univention had warned the SCO Group before already because of competition-adverse behavior, SCO let however the set period for the delivery of an omission assertion elapse. "we saw ourselves therefore forced to let the order now set", describe Peter H. Ganten, Geschaeftsfuehrer of univention, its procedure. "the unproven statement of SCO, Linux hurts patent rights of the enterprise at Unix, disconcerts the public and harms the image of Linux. On the other hand we had to resist."

The full story, in German, available by clicking on the link.