Martin Pool's blog

SCO abandons trade secret attack on IBM

Andrew Orlowski writes on The Register:

The SCO Group abandoned a major rationale of its case against IBM by dropping its trade secret claims. These were the basis, last June, for SCO revoking IBM's UNIX license. IBM didn't blink, and has simply carried on selling its AIX Unix without blinking. But today SCO dropped the trade secrets and claimed breach of copyright instead.

But such claims need proof, and it proved to be another hearing in which the SCO Group vs. IBM without the Utah company showing any infringing code. SCO also admitted to not producing documents that IBM had requested.

In fact, IBM used Darl McBride's braggadocio performance at Harvard this week against him.

Darl McBride had stated that there "is roughly a million lines of code that tie into contributions that IBM has made and that's subject to litigation that is going on. We have basically supplied that."

"No you haven't" IBM replied, "and if you had we'd be seeing them today," in so many words. "SCO has identified no more than around 3,700 lines of code in 17 AIX or Dynix files that IBM is alleged improperly to have to have contributed to Linux." IBM describes this as a "significant disparity." As indeed it is.

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