From: Avi Dines <amendoza@schwartz-pr.com> Subject: SCO Media Statement Re IBM Counterclaim 08.07.03 Date: Thu, 7 Aug 2003 19:52:30 GMT SCO Media Statement Re IBM Counterclaim 08.07.03 We view IBMs counterclaim filing today as an effort to distract attention from its flawed Linux business model. It repeats the same unsubstantiated allegations made in Red Hats filing earlier this week. If IBM were serious about addressing the real problems with Linux, it would offer full customer indemnification and move away from the GPL license. As the stakes continue to rise in the Linux battles, it becomes increasingly clear that the core issue is bigger than SCO, Red Hat, or even IBM. The core issue is about the value of intellectual property in an Internet age. In a strange alliance, IBM and the Free Software Foundation have lined up on the same side of this argument in support of the GPL. IBM urges its customers to use non-warranted, unprotected software. This software violates SCOs intellectual property rights in UNIX, and fails to give comfort to customers going forward in use of Linux. If IBM wants customers to accept the risks of the GPL, it should indemnify them against that risk. The continuing refusal to provide customer indemnification is the truest measure of IBM's belief in its recently filed claims. Regarding the patent accusations -- SCO has shipped these products for many years, in some cases for nearly two decades, and this is the first time that IBM has ever raised an issue about patent infringement in these products. Furthermore, these claims were not raised in IBMs original answer. SCO reiterates its position that it intends to defend its intellectual property rights. SCO will remain on course to require customers to license infringing Linux implementations as a condition of further use. This is the best and clearest course for customers to minimize Linux problems.
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