Back in 2006, IBM
filed a document in the
SCO v. IBM litigation that includes five reasons IBM told the court it has what it called "a complete defense" to any SCO claim of copyright infringement, even if SCO had any UNIX copyrights, which a jury in Utah has just ruled it doesn't.
It talks about
ELF,
Streams, all the oldies and goodies, the claims that survived Magistrate Judge Brooke Wells's
order granting
IBM's motion to limit SCO's claims as a sanction. Most of SCO's list of allegedly infringed materials,
filed by SCO under seal, was tossed for lack of specificity. It wasn't a long list, in any case, as you will see, judging from IBM's math.
I just noticed we never did this memorandum as text. Can anyone help by doing an OCR for us, so we can add it to our collection on Groklaw? Before you say yes, it's long, in two parts, IBM's Redacted Memorandum in Support of its Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-infringement (IBM's Tenth Counterclaim}:
Part 1
Part 2
Even the title is long. If the
SCO v. IBM case gets resurrected, unlikely but conceivable as long as SCO's appeal in the
Novell litigation is still pending, it will be important to have this as text. It was never ruled on because SCO filed for bankruptcy, and everything got put on a back burner. In any case, it's important for history.
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