SCO Sues AutoZone For Alleged Copyright Infringment On Linux
SCO Wednesday charged that the auto-parts supplier infringed on its copyrights to Unix System V by using "one or more" Linux distributions in house without a proper SCO license.
In its lawsuit, SCO said the infringement in Linux 2.4/2.6 extends beyond documentation to "protected expression of code, structure, sequence and/or organization" of SCO-owned Unix System V functionality.
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Linus Torvalds says SCO is trying to scare CIOs into signing SCOsource licenses.
SCO also filed a separate but lesser case against DaimlerChrysler for failing to certify its compliance with the terms of the auto maker's Unix System V license.
Linux creator and Open Source Development Lab (OSDL) Fellow Linus Torvalds said the latest round of litigation is an attempt by SCO to scare more CIOs into signing SCOsource licenses. He also claims the case revolves around AutoZone's Unix licensing contract with SCO, not copyright infringement on Linux.
SCO CEO Darl McBride refuted that claim, saying the lawsuits against IBM and AutoZone have merit. "The case is not specific to SCO's shared libraries," McBride said. Rather, the code in question is based on "structural components that tie to pieces inside Linux.
"This case is very general to anyone using the operating system," McBride said.
To date, only six companies have signed SCOsource licenses, including Microsoft and Sun Microsystems, which compete with Linux. Last week, SCO confirmed that Computer Associates, Questar, Leggett and Platt and hosting company EV1Server.NET were additional signees.
While many expect SCO's customer litigation won't result in a flood of new licensing, one solution provider plans to tout the indemnification policies offered by Hewlett-Packard, Novell and Sun, and the OSDL's litigation fund, in case customers get worried.
"A successful suit against a Linux customer may indeed send a chill through some customers, but it won't [do so to] others," said Mark Fresolone, director of business development at Melillo Consulting, Somerset, N.J. "With companies providing indemnity coverage with their packaging, many firms will run with it in spite of SCO's moves."