RealTime IT News

SCO Asks Court to Dismiss Red Hat Suit

SCO Group took a shot at Red Hat Monday, filing a motion to dismiss the lawsuit the Linux company initiated against the Unix company in August.

SCO based its motion to dismiss -- filed in a U.S. District Court in Delaware -- reportedly on the claim that it has not specifically targeted Red Hat in its ongoing campaign to prove that Linux is an unauthorized derivative of its Unix operating system.

Red Hat told internetnews.com it has not yet seen the filing, and is not prepared to comment.

SCO whipped up a storm of controversy in the Unix and Linux industries with its claims that versions 2.4 and later of the Linux kernel -- the versions largely geared to enterprise deployments of Linux -- contain substantial amounts of copied and derivative Unix code.

Its first action was to launch a multi-billion dollar lawsuit against IBM , which it claims broached a contract with SCO by releasing portions of its AIX source code to the open source community. SCO claims the AIX code is a derivative work of Unix and thus could not be released.

Since then, SCO has received U.S. copyright registrations for its Unix System V and UnixWare source code, which legal experts say is usually a signal that a firm is preparing to pursue copyright litigation.

In August, Red Hat CEO Matthew Szulik said the company decided to launch its suit against SCO after it was directly mentioned in a SCO conference call concerning its claims about Linux, in which he said SCO strived to create an "atmosphere of fear, doubt and uncertainty about Linux."

"We filed this complaint to stop SCO from making unsubstantiated and untrue public statements attacking Red Hat Linux and the integrity of the Open Source software development process," Red Hat General Counsel Mark Webbink said in a statement at the time. "Red Hat is confident that its current and future customers will continue to realize the significant value that our Red Hat Linux platform provides without interruption."