[linux-elitists] SCO Media Statement Re IBM Counterclaims

Matthew Galgoci mgalgoci@redhat.com
Thu Aug 7 14:00:58 PDT 2003


Thursday August 7, 4:15 pm ET

LINDON, Utah, Aug. 7 /PRNewswire-FirstCall/ --

"We view IBM's counterclaim filing today as an effort to distract attention from 
its flawed Linux business model. It repeats the same unsubstantiated allegations 
made in Red Hat's filing earlier this week. If IBM were serious about addressing 
the real problems with Linux, it would offer full customer indemnification and 
move away from the GPL license. As the stakes continue to rise in the Linux battles, 
it becomes increasingly clear that the core issue is bigger than SCO, Red Hat, or 
even IBM. The core issue is about the value of intellectual property in an Internet 
age. In a strange alliance, IBM and the Free Software Foundation have lined up on 
the same side of this argument in support of the GPL. IBM urges its customers to use 
non- warranted, unprotected software. This software violates SCO's intellectual 
property rights in UNIX, and fails to give comfort to customers going forward in use 
of Linux. If IBM wants customers to accept the GPL risk, it should indemnify them 
against that risk. The continuing refusal to provide customer indemnification is IBM's 
truest measure of belief in its recently filed claims.

Regarding Patent Accusations

SCO has shipped these products for many years, in some cases for nearly two decades, 
and this is the first time that IBM has ever raised an issue about patent infringement 
in these products.

Furthermore, these claims were not raised in IBM's original answer.

SCO reiterates its position that it intends to defend its intellectual property rights. 
SCO will remain on course to require customers to license infringing Linux implementations 
as a condition of further use. This is the best and clearest course for customers to minimize 
Linux problems."


Matthew Galgoci		"Dirty deeds, done dirt cheap"
System Administrator
Red Hat, Inc
919.754.3700 x44155

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