Compliance Toolkit

SCO files suit in Linux-using court

Munir Kotadia ZDNet.co.uk

Published: 03 Mar 2004 17:55 GMT

The Nevada court where SCO Group has filed a lawsuit against US retailer AutoZone could itself theoretically be subject to legal proceedings because the court is using Linux to run its Web site. SCO is suing AutoZone and DaimlerChrysler as part of its claim that its Unix intellectual property is contained in Linux.

SCO, which owns a disputed amount of Unix intellectual property and claims some of the code was improperly used in Linux, threatened in November to sue Linux users, although it missed a self-imposed mid-February deadline to file such lawsuits. On Monday, SCO chief executive Darl McBride said the company was planning on announcing two legal targets shortly before announcing its financial results for the first quarter of fiscal 2004. On Wednesday, the company announced the AutoZone and DaimlerChrysler lawsuits.

According to Internet services company Netcraft, the US District Court, District of Nevada's Web site has been using Linux with a Lotus Domino database since November 2002 -- after it switched over from Windows NT4.

SCO's lawsuit, filed in the same court, requests injunctive relief against AutoZone's further use or copying of any part of SCO's copyrighted materials and also requests damages as a result of AutoZone's infringement in an amount to be proven at trial.

The official Web sites of the White House and the Federal Bureau of Investigation are also powered by the open-source operating system, according to Netcraft.