A pain in the AIX

The SCO Group has terminated IBM’s right to use or distribute any software product that is a modification of, or based on, UNIX System V source code.

In terminating IBM’s right to use and distribute AIX, SCO says that it is exercising the right of termination granted under the original 1985 UNIX Software and Sublicensing Agreements between IBM and AT&T.

‘The Software and Sublicensing Agreements and related agreements that SCO has with IBM include clear provisions that deal with the protection of source code, derivative works and methods,’ said Mark J. Heise, from the legal firm of Boies Schiller, & Flexner, LLP.

‘Through contributing AIX source code to Linux and using UNIX methods to accelerate and improve Linux as a free operating system, with the resulting destruction of UNIX, IBM has clearly demonstrated its misuse of UNIX source code and has violated the terms of its contract with SCO. SCO has the right to terminate IBM’s right to use and distribute AIX. Today AIX is an unauthorised derivative of the UNIX System V operating system source code and its users are, as of this date, using AIX without a valid basis to do so.’

SCO has also filed an amendment to the complaint against IBM for a permanent injunction that requires IBM to ‘cease and desist’ using and distributing AIX, and to destroy or return all copies of UNIX System V source code. In the amended complaint, SCO is seeking additional damages from IBM’s multi-billion dollar AIX-related businesses.

‘IBM no longer has the authority to sell or distribute AIX and customers no longer have the right to use AIX software,’ said Darl McBride, President and CEO of The SCO Group.

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