17 June 2013, 15:05

SCO v IBM case resurrected

SCO graphic

The US District of Utah has re-opened the SCO v IBM court case, as Groklaw reports. The never-ending legal story originally started in 2003 when SCO filed its lawsuit against IBM, alleging the company had violated some of its intellectual property in its Linux products. It temporarily came to an end when SCO filed for reorganisation under Chapter 11 of the US Bankruptcy Code in 2007.

In his decision PDF to resurrect the court case, Judge Nuffer says that the original motion by SCO to re-open the case was wrongly denied. Within the next week, SCO will have to demonstrate what claims it is bringing against IBM after it was ultimately decided that Novell owns the UNIX copyrights in 2011. Aside from the UNIX copyrights, SCO has two other claims to fall back to, according to Groklaw, which IBM can answer by requesting a summary judgement.

After both parties have submitted their motions, the court will decide whether the case will be closed without further hearings with a summary judgement or if it will be re-opened in earnest. Groklaw has compiled a list of motions that are still pending in the case.

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