SCO v. DaimlerChrysler
The SCO Group v. DaimlerChrysler was a lawsuit filed in the
United States, in the state of Michigan. In December 2003, SCO sent a number of letters to Unixlicensees. In these letters, SCO demanded that the licensees certify certain things regarding their usage of Linux. DaimlerChrysler, a former Unix user and current Linux user, did not respond to this letter. On March 3, 2004SCO filed suit against DaimlerChrysler for violating their Unix license agreement, by failing to respond to the certification request made by SCO.
For use on their
Cray supercomputer, Chrysler Corporationbought a Unix source license from AT&Ton September 2, 1988. A source license allows the licensee to view, modify and use the Unix source codeon a number of specific machines (designated CPUs).
Through a number of acquisitions, The SCO Group became the licensing agent that handled Unix source licenses. Chrysler Motors Corporations merged with
Daimler-Benzin 1998forming DaimlerChrysler.
The licenses sold by AT&T allow the licensor to ask for certification regarding the use of the licensed product.
:"On [SCO's] request, but not more frequently than annually, LICENSEE shall furnish to [SCO] a statement, certified by an authorized representative of LICENSEE, listing the location, type and serial number of all DESIGNATED CPUs hereunder and stating that the use by LICENSEE of SOFTWARE PRODUCTS subject to this Agreement has been reviewed and that each such SOFTWARE PRODUCT is being used solely on DESIGNATED CPUs (or temporarily on back-up CPUs) for such SOFTWARE PRODUCTS in full compliance with the provisions of this Agreement."
The SCO Group invoked their right to ask for certification on
December 18, 2003. In addition to the certification specified in the license, SCO also instructed the Unix licensees to certify their use of Linux, a competing operating system.
DaimlerChrysler did not respond to this letter.
March 3, 2004, The SCO Group filed a " breach of contract" lawsuit against DaimlerChrysler. In its complaint, SCO claimed that DaimlerChrysler refused to comply with the terms of the license. SCO also speculated that DaimlerChrysler broke the licensing agreement when they moved to the Linux operating systemand that this is the reason why they refused to certify.
DaimlerChrysler responded with a motion for
summary dispositionon April 15, 2004. DaimlerChrysler claimed that the letter sent by SCO asked for certifications that were not agreed upon in the original licensing agreement, such as certifications about the use of Linux. Additionally DaimlerChrysler claimed that the original licensing agreement does not mention a specific time in which a licensee should respond to a certification request. DaimlerChrysler also told the court that it had not been contacted by SCO after receiving the letter, instead SCO filed suit without further attempts to receive any certifications.
At the same time, DaimlerChrysler also responded by certifying their use of Unix, according to the provisions specified in the original licensing agreement. In this certification DaimlerChrysler revealed that they have not used Unix for over 7 years.
August 9, 2004, Judge Chabot granted the summary disposition almost completely. The only remaining issue on the case was whether DaimlerChrysler's response was submitted in a timely manner. On November 17, 2004, SCO moved to stay its suit pending SCO v. IBM case, but was denied.
The parties agreed to a stipulated dismissal order on
December 21, 2004. The case was dismissed without prejudice, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004SCO filed a claim of appealnotice. On January 31, 2005the claim of appeal was dismissed.
* [http://sco.tuxrocks.com/?Case=DaimlerChrysler Legal documents of the case]
* [http://scofacts.org/daimler.html Legal documents and analysis by Al Petrofsky]
* [http://www.groklaw.net/staticpages/index.php?page=legal-docs#scovdc SCO v. DaimlerChrysler] at
Wikimedia Foundation. 2010.
Look at other dictionaries:
SCO v. IBM — SCO ControversySCO v. IBM is a civil lawsuit in the United States District Court of Utah. The SCO Group asserted that there are legal uncertainties regarding the use of the Linux operating system due to alleged violations of IBM s Unix licenses… … Wikipedia
SCO-Linux controversies — The SCO Linux controversies are a series of legal and public disputes between the software company SCO Group (SCO) and various Linux vendors and users. The SCO Group alleges that its license agreements with IBM means that source code that IBM… … Wikipedia
SCO gegen Linux — Dieser Artikel wurde aufgrund von formalen und/oder inhaltlichen Mängeln in der Qualitätssicherung Recht zur Verbesserung eingetragen. Dies geschieht, um die Qualität von Artikeln aus dem Themengebiet Recht auf ein akzeptables Niveau zu bringen.… … Deutsch Wikipedia
SCO Group — Infobox Company company name = The SCO Group company company type = Public (Pinksheets|SCOXQ) foundation = Santa Cruz, California (SCO, 1979) Lindon, Utah (Caldera, 1994) location = Lindon, Utah, USA key people = Ralph Yarro III, Chairman Darl… … Wikipedia
SCO-Group — In diesem Artikel oder Abschnitt fehlen folgende wichtige Informationen: Infobox, Umsatz, Mitarbeiterzahl Du kannst Wikipedia helfen, indem du sie recherchierst und einfügst. Die Firma The SCO Group, Inc. ist ein Softwareanbieter, insbesondere … Deutsch Wikipedia
SCO Group — The SCO Group Rechtsform Aktiengesellschaft ISIN US12877Q2066 Gründung 1994 … Deutsch Wikipedia
Timeline of SCO-Linux controversies — The SCO Group is currently involved in a dispute with various Linux vendors and users. SCO has initiated a series of lawsuits that will probably define the future of both Linux and Unix. In this campaign SCO is trying to convince the world that… … Wikipedia
Disputas de SCO sobre Linux — Saltar a navegación, búsqueda La compañía SCO Group actualmente mantiene una disputa con diferentes distribuidores de Linux y sus usuarios. SCO inició una serie de acciones judiciales que será determinante para el futuro tanto de Linux como de… … Wikipedia Español
Red Hat v. SCO — The Red Hat v. SCO lawsuit Red Hat filed suit against The SCO Group on August 4, 2003. Red Hat is asking for a permanent injunction against SCO s Linux campaign and a number of declaratory judgments that Red Hat has not violated SCO s copyrights … Wikipedia
Caldera OpenLinux — SCO Linux controversies Overview Timeline · SCO and SGI · SCOsource Litigation SCO v. IBM · SCO v. AutoZone · SCO v. DaimlerChrysler · SCO v. Novell · Red Hat v. SCO Companies Involved … Wikipedia