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:: 7.22.2004 ::
:: Tux vs. sco update ::
Judge dismisses SCO suit against DaimlerChrysler
By Bob Mims
The Salt Lake Tribune
A Michigan judge on Wednesday dealt The SCO Group a blow, dismissing the Utah software company's controversial claims that DaimlerChrysler had violated its Unix contract through its use of the Linux operating system.
Michigan Circuit Judge Ray Lee Chabot granted the automaker's motion for dismissal on all but one minor matter. The decision effectively scuttled SCO's suit claiming DaimlerChrysler had refused to certify it was not, by using Linux, violating its Unix contract. SCO, in a $50 billion lawsuit against IBM and other litigation, claims its Unix code has been illegally incorporated into the freely distributed Linux.
However, Chabot rejected the argument, leaving only one point of contention to be resolved: whether DaimlerChrysler missed a 30-day deadline for responding to SCO's initial demands.
SCO initially demanded the certification in December 2003. On April 6, a month after SCO had filed its suit, DaimlerChrysler confirmed that none of its computers was using the SCO software in question.
Last week, a Nevada court stayed a similar lawsuit SCO filed against Autozone pending the outcome of the IBM suit being tried in Salt Lake City's U.S. District Court. IBM, too, is seeking dismissal; a hearing in that case is set for Aug. 4.
Read more here.
posted by me
:: 9:56:00 AM [+] ::
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