From: Laura Sexton <mdopp@schwartz-pr.com>
Subject: SCO Terminates IBM's Right To Use and Distribute AIX
Date: Mon, 16 Jun 2003 19:49:12 GMT
SCO. ANNOUNCES IMMEDIATE TERMINATION OF IBMS RIGHT TO USE
AND DISTRIBUTE AIX SOFTWARE AND FILES FOR PERMANENT INJUNCTION
SCO terminates IBMs right to use or distribute AIX software, and files amended complaint
against IBM, including a permanent injunction against IBM for destruction or return of all
copies of UNIX. System V Source Code and permanent cessation of AIX distribution
LINDON, Utah-June 16, 2003-The SCO. Group (SCO)(Nasdaq: SCOX), a leading provider
of business software solutions, today announced that it has terminated IBMs right to use or
distribute any software product that is a modification of or based on UNIX. System V source
code. In terminating IBMs right to use and distribute AIX, SCO is exercising the right of
termination granted under the original 1985 UNIX Software and Sublicensing Agreements
between IBM and AT&T. SCO notified IBM on March 6, 2003 that it intended to terminate in
100 days, as required under the Software Agreement, as modified by a side letter, if IBM
did not correct certain actions that violate the agreement. As of the deadline - 12:00
midnight, June 13, 2003 - IBM had not complied with SCOs request, which triggered the
termination. The termination is self-effectuating.
"The Software and Sublicensing Agreements and related agreements that SCO has with IBM
includes clear provisions that deal with the protection of source code, derivative works and
methods," said Mark J. Heise, 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 IBMs right to use and distribute AIX. Today AIX is an unauthorized
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 is also today filing an amendment to the complaint against IBM for a permanent injunction
requiring IBM to cease and desist all use and distribution of AIX and to destroy or return all
copies of UNIX System V source code. In the amended complaint, SCO is seeking additional
damages from IBMs multi-billion dollar AIX-related businesses that began accruing Friday,
June 13th at midnight. This amended complaint was filed today with the United States District
Court of Utah where SCOs court case against IBM is currently pending.
"IBM has chosen to continue the actions that violate our source code and distribution
agreements," said Darl McBride, President and CEO of The SCO Group. "Over the last several
months, SCO has taken all of the steps outlined in the UNIX licensing agreements to protect its
rights. Today SCO is requesting that the court enforce its rights with a permanent injunction.
IBM no longer has the authority to sell or distribute AIX and customers no longer have the right
to use AIX software."
About SCO
The SCO Group (NASDAQ: SCOX) helps millions of customers in more than 82 countries to grow
their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more
than 11,000 resellers and 8,000 developers. SCO Global Services provides reliable localized
support and services to partners and customers. For more information on SCO products and
services, visit http://www.sco.com.
SCO, and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc.
in the U.S. and other countries. UNIX is a registered trademark of The Open Group. All other
brand or product names are or may be trademarks of, and are used to identify products or
services of, their respective owners.
Contact:
Blake Stowell
The SCO Group
bstowell@sco.com
Tel: (801) 932-5811
www.sco.com
David Close/Laura Sexton
Schwartz Communications
sco@schwartz-pr.com
Tel: (781) 684-0770
Enter your email address for automatic notification of new posts here
(be sure to whitelist 'feedburner.com' if you use spam filtering)

Have you tried Searching this site?
Unix/Linux/Mac OS X support by phone, email or on-site: Support Rates
This is a Unix/Linux resource website. It contains technical articles about Unix, Linux and general computing related subjects, opinion, news, help files, how-to's, tutorials and more. We appreciate comments and article submissions.

Add your comments