On Friday, the US Salt Lake City Federal Court proposed that the central issue was SCO's claim that IBM had violated the contract agreement, which allowed IBM to use the SCO-controlled UNIX operating system code, SCO claims that IBM has sold a large number of Linux software using UNIX code, exceeding the contractual limits.
IBM declined to comment on the matter.
"In terms of work derived from the contract, SCO is not satisfied with IBM's interpretation of performance of the contract," SCO said in a statement. According to IBM's recent explanation, the protection of intellectual property rights in 1985 UNIX Software contracts is worse than that in no written contract ."
The US Salt Lake City Federal Court also cited an analysis by Randall Davis, a computer scientist at the Massachusetts Institute of Technology. He analyzed the code in Linux code that SCO believes violates UNIX intellectual property rights, he came to the conclusion that "these suspect Code does not contain the source code in UNIX System V, and there is no code that is sufficiently similar to UNIX System V."
At the same time, the Court proposed that SCO could not justify itself. Two weeks ago, SCO was still selling Linux software products, including software suspected of infringement of intellectual property code. As stated in the proposal, "considering that SCO has made extensive Linux promotions before it accused IBM, SCO has no right to accuse IBM of leaking code and violating the contract agreement ."