SCO ups ante against IBM. (Infrastructure News Review).SCO Group Inc is raising the stakes against IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries) Corp, by seeking over $3bn for alleged misuses of its intellectual property and potentially drawing the US government into its fight.
The company has told a US court it is seeking wide-ranging restitution against IBM beyond the original $1bn, for breaches of agreement and unfair trading. The company is also alleging breaches of US export laws by IBM.
SCO's filing was lodged with the US District Court in Utah on Monday, following expiration of a deadline set for IBM to resolve what SCO (The SCO Group, Lindon, UT, www.sco.com) A leading vendor of Unix operating systems for the x86 platform. SCO had also offered Linux, but abandoned the line in the spring of 2003. The SCO Group is the combination of two companies: Utah-based Caldera, Inc. claimed are abuses of its Unix IP in Linux. SCO pulled what it claimed was IBM's Unix license, as a result, on Monday.
That deadline stemmed from SCO's original court filing against IBM in March. SCO had sought $1bn against IBM, but did not provide further details of the financial aspects of its claim.
In its amended filing, SCO is now seeking $1bn for IBM's alleged breach of a software agreement, $1bn for alleged breach of a Unix contract signed by Sequent, and $1bn for alleged unfair competition, as well as unspecified damages for misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of trade secrets, punitive and exemplary damages and costs.
Also detailed are elements of technology that SCO claims IBM misappropriated mis·ap·pro·pri·ate
tr.v. mis·ap·pro·pri·at·ed, mis·ap·pro·pri·at·ing, mis·ap·pro·pri·ates
a. To appropriate wrongly: misappropriating the theories of social science. .
SCO said: "IBM has caused all or materially all of DYNIX/ptx-based NUMA (Non-Uniform Memory Access) A multiprocessing architecture in which memory is separated into close and distant banks. NUMA is similar to SMP, in which multiple CPUs share a single memory. However, in SMP, all CPUs access a common memory at the same speed. source code and methods, and RCU RCU Read Copy Update
RCU Remote Control Unit
RCU Regional Coordinating Unit
RCU Radio Control Unit
RCU Remote Concentrator Unit
RCU Regional Cadet Unit (Australia)
RCU Radio Channel Unit
RCU Rate Construction Unit [Remove Copy Update] source code and methods, to be used for the benefit of Linux." IBM also breached the Sequent agreement by releasing code for SMP (Symmetric MultiProcessing) A multiprocessing architecture in which multiple CPUs, residing in one cabinet, share the same memory. SMP systems provide scalability. As business increases, additional CPUs can be added to absorb the increased transaction volume. , according to SCO.
SCO claimed Sequent agreed to restrictions on the transfer of DYNIX/ptx to third parties as it was a derivative of SCO's Unix System V Unix System V - System V . RCU was designed for DYNIX/ptx.
Linus Torvalds was named by SCO in its revised document, too. SCO said the nature of Linux development meant Torvalds would have been "unable or unwilling" to identify the IP origins of code contributed to Linux. Torvalds is reported to have said source code identified does actually exist in the public domain.
SCO's filling also apparently seeks to bring some official leverage against IBM. SCO said it has not granted IBM permission to make code available to Cuba, Iran, Syria, North Korea and Libya, countries subject to strict US export controls.
"IBM is ignoring and attempting to circumvent the export control restrictions that apply to UNIX as it accelerates development of Linux for enterprise use," SCO said.