SCO Bumps Up Demands, Now Wants $3 Billion From IBM In Suit

In an amended complaint filed in Utahis District Court, SCO has demanded that IBM pay them $3 billion in damages and stop selling Unix, according to an article on C|Net. In addition to the original $1 billion SCO asked for in damages for breach of contract, the company is demanding another billion dollars for alleged breach of a Unix contract belonging to a company that IBM acquired in 1999, and yet another billion dollars for unfair competition.

Also interesting is that the suit now specifically blames Linux founder and developer Linus Torvalds for allowing proprietary Unix code to get into Linux itself, claiming that a "very significant amount" of Unix code can be found in Linux kernels 2.4.x and 2.5.x. Torvalds has called on SCO to identify the alleged proprietary code, according to the article. From C|Net:

In March, SCO Group surprised the world with a lawsuit seeking more than $1 billion against IBM in the case. An amended complaint, filed Monday in U.S. District Court in Utah, added more claims against IBM, tripled damages to at least $3 billion, sought an injunction prohibiting IBM from selling Unix, and detailed some accusations of technology moved to Linux.

SCO seeks at least $1 billion in damages from IBMis alleged breach of its contract with SCO; another $1 billion for breach of the Unix contract signed by Sequent, which IBM acquired in 1999; and another $1 billion for unfair competition. SCO also seeks more for misappropriation of trade secrets and punitive damages.

[...]

The suit specifically blames Linux founder and leader Linus Torvalds for letting proprietary Unix code into Linux.

"As IBM executives know, a significant flaw of Linux is the inability and/or unwillingness of the Linux process manager, Linus Torvalds, to identify the intellectual property origins of contributed source code that comes in from those many different software developers. If source code is code copied from protected Unix code, there is no way for Linus Torvalds to identify that fact," the suit said. "As a result, a very significant amount of Unix protected code is currently found in Linux 2.4.x and Linux 2.5.x releases in violation of SCOis contractual rights and copyrights."

The full article can be found at C|Netis Web site, including comments from Mr. Torvalds in relation to the accusations from SCO.

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