[NTLUG:Discuss] IBM/SCO turnabout is fair play??

Richard Geoffrion ntlug at rain4us.net
Mon Aug 11 11:28:17 CDT 2003


from http://lwn.net/Articles/43592/

----------------------------
<snip a LOT>
81. IBM is the lawful owner, by assignment, of the entire right, title
and interest in United States Patent No. 4,814,746 ("the '746 Patent"),
duly and legally issued on March 21, 1989 to Miller et al., entitled
"Data Compression Method".

<SNIP>

 85. Continued manufacture, use, sale or offer for sale of the infringing
products, including UnixWare and Open Server, or evidence that SCO was
aware of the '746 Patent, shall render SCO liable for willful infringement,
as well as active inducement of infringement of the '746 Patent, making
this an exceptional case and justifying the assessment of treble damages
pursuant to 35 U.S.C. § 284, and the award of attorneys' fees pursuant to
35 U.S.C. § 285.
----------------------------

This means that SCO can't sell the 'legal Linux license'....right?   So
then...this can be used to allay customer's fears?  Or better yet...help me
convert some of my SCO customers to Linux?  :)


----------------
87. IBM is the lawful owner, [to patent] entitled "Method of Navigating
Among Program
Menus Using a Graphical Menu Tree".
<snip>
91. Continued manufacture, use, sale, or offer for sale of the infringing
products, including SCO Manager.....

-------------------
93. IBM is the lawful owner, by assignment, of the entire right,
.......entitled
"Self-Verifying Receipt and Acceptance System for Electronically Delivered
Data Objects".

..........

97. Continued manufacture, use, sale or offer for sale of the infringing
products, including UnixWare,
---------------------------------

-----------------------------

99. IBM is the lawful owner, by assignment, of the entire right,
title and interest in United States Patent No, 5.805,785 ("the '785
Patent"),
duly and legally issued on September 8, 1998 to Dias et al., entitled
"Method for Monitoring and Recovery of Subsystems in a Distributed/Clustered
System".


 103.  Continued manufacture, use, sale or offer for sale of the
infringing products, including Reliant HA............

---------------------------

I wonder how long this will play out?  I can see why these cases take so
long.

--
Richard




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