[TUHS] Zombified SCO comes back from the dead, brings trial back to life against IBM

Warner Losh imp at bsdimp.com
Fri Apr 2 01:12:25 AEST 2021

The other set of claims made, which may be stronger, was that IBM and
Redhat used their dominant position to lock out OSes other than Linux,
including FreeBSD from their cloud platform.

Their copyright claims look to be a bit different than the old SCO lawsuit.

Reading their complaint, it is somewhat different than the old suit...
FreeBSD is mentioned like 34 times too, since Xinuos based their products
based on it. And their product is locked out of the IBM/Redhat cloud
platform/ecosystem. The copyright stuff seems almost an afterthought...


On Thu, Apr 1, 2021 at 8:51 AM Josh Good <pepe at naleco.com> wrote:

> I read the news, and I could not believe it.
> It's April 1st, ain't it?
> But then, this looks like is dated March 31. So it could be for real.
> Behold: https://www.theregister.com/2021/03/31/ibm_redhat_xinuos/
> The PDF also is dated March 31:
> https://regmedia.co.uk/2021/03/31/xinuos_complaint.pdf
> It's hard to believe someone would go to the trouble of writing 57 pages of
> legalese just to make a damn joke.
> "
>         Xinuos, formed around SCO Group assets a decade ago under the name
>         UnXis and at the time disavowing any interest in continuing SCO's
>         long-running Linux litigation, today sued IBM and Red Hat for
>         alleged copyright and antitrust law violations.
>         "First, IBM stole Xinuos' intellectual property and used that
> stolen
>         property to build and sell a product to compete with Xinuos
> itself,"
>         the US Virgin Islands-based software biz claims in its complaint
>         [PDF]. "Second, stolen property in IBM's hand, IBM and Red Hat
>         illegally agreed to divide the relevant market and use their
> growing
>         market powers to victimize consumers, innovative competitors, and
>         innovation itself."
>         The complaint further contends that after the two companies
>         conspired to divide the market, IBM then acquired Red Hat to
>         solidify its position.
>         SCO Group in 2003 made a similar intellectual property claim. It
>         argued that SCO Group owned the rights to AT&T's Unix and UnixWare
>         operating system source code, that Linux 2.4.x and 2.5.x were
>         unauthorized derivatives of Unix, and that IBM violated its
>         contractual obligations by distributing Linux code.
>         That case dragged on for years, and drew a fair amount of attention
>         when SCO Group said it would sue individual Linux users for
>         infringement. Though SCO filed for bankruptcy in 2007 and some of
>         the claims have been dismissed, its case against IBM remains
>         unresolved.
>         There was a status report filed on February 16, 2018, details
>         remaining claims and counterclaims. And in May last year,
> Magistrate
>         Judge Paul Warner was no longer assigned to oversee settlement
>         discussions. But SCO Group v. IBM is still open.
> "
> Either way, some one if fooling us hard.
> PS: OK, it seems it's for real:
> https://www.xinuos.com/xinuos-sues-ibm-and-red-hat/
> I need to check my stock of pop corn, then...
> My take: it's obvious they want to be a nuisance so that IBM settles the
> case, so they then can go back home with some fresh cash. I hope IBM goes
> ballistic on them to the bitter end, and finally sends the zombie back to
> its grave. But then, IBM now has its new RedHat business to protect, so it
> can get interesting.
> --
> Josh Good
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