>Dum da dum dum... dum da dum dum... DUMB! > > >From: XX >To: XX >Subject: SCO Terminates IBM's Right To Use and Distribute AIX >Date: Mon, 16 Jun 2003 15:49:05 -0400 (EDT) > >SCO=AE ANNOUNCES IMMEDIATE TERMINATION OF IBM=92S RIGHT TO USE >AND DISTRIBUTE AIX SOFTWARE AND FILES FOR PERMANENT INJUNCTION > >SCO terminates IBM=92s right to use or distribute AIX software, and files= =20 >amended complaint >against IBM, including a permanent injunction against IBM for destruction= =20 >or return of all >copies of UNIX=AE System V Source Code and permanent cessation of AIX=20 >distribution > >LINDON, Utah-June 16, 2003-The SCO=AE Group (SCO)(Nasdaq: SCOX), a leading= =20 >provider >of business software solutions, today announced that it has terminated=20 >IBM=92s right to use or >distribute any software product that is a modification of or based on=20 >UNIX=AE System V source >code. In terminating IBM=92s right to use and distribute AIX, SCO is=20 >exercising the right of >termination granted under the original 1985 UNIX Software and Sublicensing= =20 >Agreements >between IBM and AT&T. SCO notified IBM on March 6, 2003 that it intended=20 >to terminate in >100 days, as required under the Software Agreement, as modified by a side= =20 >letter, if IBM >did not correct certain actions that violate the agreement. As of the=20 >deadline - 12:00 >midnight, June 13, 2003 - IBM had not complied with SCO=92s request, which= =20 >triggered the >termination. The termination is self-effectuating. > >"The Software and Sublicensing Agreements and related agreements that SCO= =20 >has with IBM >includes clear provisions that deal with the protection of source code,=20 >derivative works and >methods," said Mark J. Heise, Boies Schiller, & Flexner, LLP. "Through=20 >contributing AIX >source code to Linux and using UNIX methods to accelerate and improve=20 >Linux as a free >operating system, with the resulting destruction of UNIX, IBM has clearly= =20 >demonstrated its >misuse of UNIX source code and has violated the terms of its contract with= =20 >SCO. SCO has the >right to terminate IBM=92s right to use and distribute AIX. Today AIX is an= =20 >unauthorized >derivative of the UNIX System V operating system source code and its users= =20 >are, as of this date, >using AIX without a valid basis to do so." > >SCO is also today filing an amendment to the complaint against IBM for a=20 >permanent injunction >requiring IBM to cease and desist all use and distribution of AIX and to=20 >destroy or return all >copies of UNIX System V source code. In the amended complaint, SCO is=20 >seeking additional >damages from IBM=92s multi-billion dollar AIX-related businesses that began= =20 >accruing Friday, >June 13th at midnight. This amended complaint was filed today with the=20 >United States District >Court of Utah where SCO=92s court case against IBM is currently pending. > >"IBM has chosen to continue the actions that violate our source code and=20 >distribution >agreements," said Darl McBride, President and CEO of The SCO Group. "Over= =20 >the last several >months, SCO has taken all of the steps outlined in the UNIX licensing=20 >agreements to protect its >rights. Today SCO is requesting that the court enforce its rights with a=20 >permanent injunction. >IBM no longer has the authority to sell or distribute AIX and customers no= =20 >longer have the right >to use AIX software." > > >About SCO >The SCO Group (NASDAQ: SCOX) helps millions of customers in more than 82= =20 >countries to grow >their businesses everyday. Headquartered in Lindon, Utah, SCO has a=20 >worldwide network of more >than 11,000 resellers and 8,000 developers. SCO Global Services provides=20 >reliable localized >support and services to partners and customers. For more information on=20 >SCO products and >services, visit http://www.sco.com. > >SCO, and the associated SCO logo are trademarks or registered trademarks=20 >of The SCO Group, Inc. >in the U.S. and other countries. UNIX is a registered trademark of The=20 >Open Group. All other >brand or product names are or may be trademarks of, and are used to=20 >identify products or >services of, their respective owners.
--- Dustin Puryear <[EMAIL PROTECTED]> Puryear Information Technology Windows, UNIX, and IT Consulting http://www.puryear-it.com
