Thursday, July 28, 2005

iSeries shops with AIX partitions can rest easy about SCO lawsuit

iSeries users running AIX alongside i5/OS on their systems can breathe a little sigh of relief but just a little one. U.S. District Court Judge Dale Kimball earlier this month denied The SCO Group's request to include specific code in the AIX operating system for Power processors in its breach of copyright claims against IBM.
The judge also ordered IBM to produce Chairman and CEO Sam Palmisano for a deposition by SCO and set final deadlines for IBM to produce discovery material the code in question and for SCO to 'identify with specificity all allegedly misused material.'
Perhaps the biggest relief to iSeries users thus far is a judgment over a little squabble concerning IBM's AIX operating system. Kimball denied SCO's request to include specific code from the AIX operating system for POWER processors in its breach of copyright claims against IBM.
SCO wanted to amend its lawsuit against IBM for a third time, asserting that IBM breached additional copyright laws by using some Unix code from System V Release 4 in the AIX operating system for POWER processors. SCO's attorneys said that a joint development agreement let IBM use the Unix code only for Intel-based processors, and that an IBM counterclaim asserting that the AIX operating system does not infringe on SCO copyrights gave SCO the right to amend its claim and target specific AIX code

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