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The IBM vs. SCO saga continues

IBM has asked U.S. District Court Judge Dale Kimball and Magistrate Brooke Wells to dismiss a lawsuit the SCO group filed against IBM in 2003. The company filed six motions to throw out the claims due to Wells rejecting most of SCO's case earlier this year. SCO filed claims trying to keep the contract and copyright infringement case alive. In June, Wells ruled that SCO “willfully failed to comply” with court orders forcing the company to provide evidence that IBM did anything wrong.

Ten motions were filed on Tuesday by both companies – IBM filed four motions to try and dismiss the case, while two other motions allege that SCO infringed on IBM copyright and it hasn't infringed on SCO's copyright. SCO filed two motions for judgment against eight IBM counterclaims, and one more motion for summary judgment on the case. IBM has an extension – until Friday – to file more materials that would also push for summary judgment.

The legal battle between SCO and IBM started in March 2003, after the SCO claimed IBM used SCO's Unix code in Linux before distributing the software to developers. SCO has also filed suit against Novell, DaimlerChrysler and AutoZone. The company believes the $1 billion lawsuit will go to trial next year.





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