SCO makes unreal code request

By Matt Whipp

Posted on 7 Nov 2005 at 18:01

Hot on the heels SCO's release that it has filed examples of infringing code to the court, the Unix company wants IBM to hand over more information so it can begin looking for examples of copyright infringement in its work on the Linux kernel version 2.7.

SCO's latest filing seeks a ruling that clarifies that requests for IBM information which were previously denied by the court were deemed to have been covered by other requests already granted. This includes a request that IBM hand over '"all documents concerning IBM's contributions to the Linux 2.7 kernel", including "development work"'.

SCO said in a recent court filing that had given the court evidence of code misappropriation. 'The numerosity and substantiality of the disclosures reflects the pervasive extent and sustained degree as to which IBM disclosed methods, concepts, and, in many places, literal code, from UNIX-derived technologies in order to enhance the ability of Linux to be used as a scalable and reliable operating system,' it claimed.

It is now seeking this further information from IBM in order to build on this body of evidence before the 22 December deadline which represents the 'final deadline for parties to identify with specificity all allegedly misused material.'

Even IBM too will be interested in any information on its work on the Linux 2.7 kernel, as it does not exist.