SCO–Linux disputes |
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SCO Group v. DaimlerChrysler was a lawsuit filed in the United States, in the state of Michigan. In December 2003, SCO sent a number of letters to Unix licensees. In these letters, SCO demanded that the licensees certify certain things regarding their usage of Linux. DaimlerChrysler, a former Unix user and current Linux user, did not respond to this letter. On March 3, 2004, SCO filed suit against DaimlerChrysler for violating their Unix license agreement, by failing to respond to the certification request made by SCO. The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice, but if SCO wished to pursue the timeliness claim again, would have had to pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal notice. On January 31, 2005, the claim of appeal was dismissed.
For use on their Cray supercomputer, Chrysler Corporation bought a Unix source license from AT&T on September 2, 1988. A source license allows the licensee to view, modify and use the Unix source code on a number of specific machines (designated CPUs).
Through a number of acquisitions, The SCO Group became the licensing agent that handled Unix source licenses. Chrysler Motors Corporations merged with Daimler-Benz in 1998 forming DaimlerChrysler.
The licenses sold by AT&T allow the licensor to ask for certification regarding the use of the licensed product.
The SCO Group invoked their right to ask for certification on December 18, 2003. In addition to the certification specified in the license, SCO also instructed the Unix licensees to certify their use of Linux, a competing operating system.
DaimlerChrysler did not respond to this letter. In fact, it is possible that DaimlerChrysler never received it; [1] it was addressed to Chrysler Motors Corporation at 12800 Oakland Avenue in Highland Park, Michigan, but Chrysler Corporation (as it was then known) had announced the move of its Highland Park headquarters in 1992, [2] and famously moved [3] into a massive, 4,400,000 sq ft (410,000 m2) headquarters complex (1000 Chrysler Drive) in nearby Auburn Hills between 1993-1996. The company closed down its Highland Park facilities in 1997.
The name of the company, too had changed: "Chrysler Motors Corporation" had become part of DaimlerChrysler when it merged with Daimler-Benz AG in 1998. The former Chrysler operations were now referred to informally as "the Chrysler Group", but were legally known as DaimlerChrysler Motors Company LLC.
On March 3, 2004, The SCO Group filed a breach of contract lawsuit against DaimlerChrysler. In its complaint, SCO claimed that DaimlerChrysler refused to comply with the terms of the license. SCO also speculated that DaimlerChrysler broke the licensing agreement when they moved to the Linux operating system and that this is the reason why they refused to certify.
DaimlerChrysler responded with a motion for summary judgment on April 15, 2004. DaimlerChrysler claimed that the letter sent by SCO asked for certifications that were not agreed upon in the original licensing agreement, such as certifications about the use of Linux. Additionally DaimlerChrysler claimed that the original licensing agreement does not mention a specific time in which a licensee should respond to a certification request. DaimlerChrysler also told the court that it had not been contacted by SCO after receiving the letter, instead SCO filed suit without further attempts to receive any certifications.
At the same time, DaimlerChrysler also responded by certifying their use of Unix, according to the provisions specified in the original licensing agreement. In this certification DaimlerChrysler revealed that they have not used Unix for over 7 years.
On August 9, 2004, Judge Chabot granted the summary disposition almost completely. The only remaining issue on the case was whether DaimlerChrysler's response was submitted in a timely manner. On November 17, 2004, SCO moved to stay its suit pending SCO v. IBM case, but was denied.
The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal notice. On January 31, 2005, the claim of appeal was dismissed.
AIX is a series of proprietary Unix operating systems developed and sold by IBM for several of its computer platforms.
United Linux was an attempt by a consortium of Linux distributors to create a common base distribution for enterprise use, so as to minimize duplication of engineering effort and form an effective competitor to Red Hat. The founding members of United Linux were SUSE, Turbolinux, Conectiva and Caldera International. The consortium was announced on May 30, 2002. The end of the project was announced on January 22, 2004.
SCO Group, Inc. v. International Business Machines Corp., commonly abbreviated as SCO v. IBM, is a civil lawsuit in the United States District Court of Utah. The SCO Group asserted that there are legal uncertainties regarding the use of the Linux operating system due to alleged violations of IBM's Unix licenses in the development of Linux code at IBM. The lawsuit was filed in 2003, it has lingered on through the bankruptcy of SCO Group and the adverse result in SCO v. Novell, and was reopened for continued litigation by order of a new judge on June 14, 2013. Pursuant to the court order reopening the case, an IBM Motion for Summary Judgment was filed based upon the results of the Novell decision. On December 15, 2014, the judge granted most of IBM's motion, thereby narrowing the scope of the case, which remained open. On March 1, 2016, following a ruling against the last remaining claims, the judge dismissed SCO's suit against IBM with prejudice. SCO filed an appeal later that month. In February 2018, as a result of the appeal and the case being partially remanded to the circuit court, the parties restated their remaining claims and provided a plan to move toward final judgement.
The SCO Group was an American software company in existence from 2002 to 2012 that became known for owning Unix operating system assets that had belonged to the Santa Cruz Operation, including the UnixWare and OpenServer technologies, and then, under CEO Darl McBride, pursuing a series of high-profile legal battles known as the SCO-Linux controversies.
Groklaw is a website that covered legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003, by paralegal Pamela Jones ("PJ"), it covered issues such as the SCO-Linux lawsuits, the EU antitrust case against Microsoft, and the standardization of Office Open XML.
USL v. BSDi was a lawsuit brought in the United States in 1992 by Unix System Laboratories against Berkeley Software Design, Inc and the Regents of the University of California over intellectual property related to the Unix operating system; a culmination of the Unix wars. The case was settled out of court in 1994 after the judge expressed doubt in the validity of USL's intellectual property, with Novell and the University agreeing not to litigate further over the Berkeley Software Distribution (BSD).
The Unix wars were struggles between vendors to set a standard for the Unix operating system in the late 1980s and early 1990s.
In a series of legal disputes between SCO Group and Linux vendors and users, SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rights. Members of the Linux community disagreed with SCO's claims; IBM, Novell, and Red Hat filed claims against SCO.
Red Hat v. SCO is a lawsuit filed by Red Hat against The SCO Group on August 4, 2003. Red Hat was asking for a permanent injunction against SCO's Linux campaign and a number of declaratory judgments that Red Hat has not violated SCO's copyrights.
SCO v. Novell was a United States lawsuit in which the software company The SCO Group (SCO), claimed ownership of the source code for the Unix operating system. SCO sought to have the court declare that SCO owned the rights to the Unix code, including the copyrights, and that Novell had committed slander of title by asserting a rival claim to ownership of the Unix copyrights. Separately, SCO was attempting to collect license fees from Linux end-users for Unix code through their SCOsource division, and Novell's rival ownership claim was a direct challenge to this initiative. Novell had been increasing their investments in and support of Linux at this time, and was opposed to SCO's attempts to collect license fees from Novell's potential customers.
Beginning in 2003, The SCO Group was involved in a dispute with various Linux vendors and users. SCO initiated a series of lawsuits, the most known of which were SCO v. IBM and SCO v. Novell, that had implications upon the futures of both Linux and Unix. SCO claimed that Linux violated some of SCO's intellectual properties. Many industry observers were skeptical of SCO's claims, and they were strongly contested by SCO's opponents in the lawsuits, some of which launched counter-claims. By 2011, the lawsuits fully related to Linux had been lost by SCO or rendered moot and SCO had gone into bankruptcy. However the SCO v. IBM suit continued for another decade, as it included contractual disputes related to both companies' involvement in Project Monterey in addition Linux-related claims. Finally in 2021 a settlement was reached in which IBM paid the bankruptcy trustee representing what remained of SCO the sum of $14.25 million.
SCOsource is a business division of The SCO Group that managed its Unix intellectual property. The term SCOsource is often used for SCO's licensing program that allowed corporate users of Linux to buy licenses to proprietary Unix technology that SCO claimed exists in the Linux operating system. A single CPU license costs $699 (USD).
The history of Unix dates back to the mid-1960s, when the Massachusetts Institute of Technology, AT&T Bell Labs, and General Electric were jointly developing an experimental time-sharing operating system called Multics for the GE-645 mainframe. Multics introduced many innovations, but also had many problems. Bell Labs, frustrated by the size and complexity of Multics but not its aims, slowly pulled out of the project. Their last researchers to leave Multics – among them Ken Thompson, Dennis Ritchie, Doug McIlroy, and Joe Ossanna – decided to redo the work, but on a much smaller scale.
Caldera OpenLinux (COL) is a defunct Linux distribution. Caldera originally introduced it in 1997 based on the German LST Power Linux distribution, and then taken over and further developed by Caldera Systems since 1998. A successor to the Caldera Network Desktop put together by Caldera since 1995, OpenLinux was an early "business-oriented distribution" and foreshadowed the direction of developments that came to most other distributions and the Linux community generally.
In the 1950s and 1960s, computer operating software and compilers were delivered as a part of hardware purchases without separate fees. At the time, source code, the human-readable form of software, was generally distributed with the software providing the ability to fix bugs or add new functions. Universities were early adopters of computing technology. Many of the modifications developed by universities were openly shared, in keeping with the academic principles of sharing knowledge, and organizations sprung up to facilitate sharing. As large-scale operating systems matured, fewer organizations allowed modifications to the operating software, and eventually such operating systems were closed to modification. However, utilities and other added-function applications are still shared and new organizations have been formed to promote the sharing of software.
Linux began in 1991 as a personal project by Finnish student Linus Torvalds to create a new free operating system kernel. The resulting Linux kernel has been marked by constant growth throughout its history. Since the initial release of its source code in 1991, it has grown from a small number of C files under a license prohibiting commercial distribution to the 4.15 version in 2018 with more than 23.3 million lines of source code, not counting comments, under the GNU General Public License v2 with a syscall exception meaning anything that uses the kernel via system calls are not subject to the GNU GPL.
Unix is a family of multitasking, multi-user computer operating systems that derive from the original AT&T Unix, whose development started in 1969 at the Bell Labs research center by Ken Thompson, Dennis Ritchie, and others.
Xinuos is an American software company that was created in 2011 and was first called UnXis until assuming its current name in 2013. Xinuos develops and markets the Unix-based OpenServer 6, OpenServer 5, and UnixWare 7 operating systems under SCO branding. Xinuos formerly sold the FreeBSD-based OpenServer 10 operating system.
The Developer Certificate of Origin (DCO) is a statement that a software developer agrees to, saying that "the contributor is allowed to make the contribution and that the project has the right to distribute it under its license." It was introduced in 2004 by the Linux Foundation, to enhance the submission process for software used in the Linux kernel, shortly after the SCO–Linux disputes.
Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability.