SCO widens court battles

Company files suits against AutoZone, DaimlerChrysler

Published: Thursday, March 4 2004 7:20 a.m. MST

LINDON — Having already sued International Business Machines Corp. and Novell Inc., the SCO Group is taking a couple of other big-name companies to court as it escalates the battle over the Unix and Linux computer operating systems.

Following through on a promise to use legal action if necessary against end users to defend its rights to Unix, SCO has sued DaimlerChrysler Corp. and AutoZone Inc.

The DaimlerChrysler suit, filed Wednesday in state court in Michigan, accuses the automaker of violating its Unix software agreement with Lindon-based SCO.

The suit against AutoZone was filed Tuesday in federal court in Nevada for alleged copyright violations. SCO contends that AutoZone used versions of the Linux operating system that contained elements of SCO's Unix System V code.

Both suits seek unspecified damages. The AutoZone case seeks to have the auto-parts company stop using or copying any of SCO's copyrighted code.

During a Wednesday conference call, Darl McBride, SCO's president and chief executive officer, said SCO is moving to enforce contract rights and copyrights through lawsuits against end users "who have chosen to ignore SCO's position. SCO will be enforcing its legal rights in the U.S. and around the globe."

SCO in December wrote to thousands of licensees, requiring them, in part, to provide written certification that they are not using SCO's Unix code in Linux or allowing unauthorized use of the licensed Unix code by employees or contractors, including placing Unix code into Linux. It had a Jan. 31 initial deadline.

McBride said Wednesday that more than half did not respond to the letter, adding that some, including DaimlerChrysler, "failed to respond appropriately."

DaimlerChrysler's non-response, he said, violates contract terms. The suit seeks to force the automaker to respond.

"That's all this suit is about — you need to confirm one way or another," he said.

A Deseret Morning News telephone call Wednesday to AutoZone seeking comment was not returned. Attempts to get comments from DaimlerChrysler were unsuccessful. Spokespeople from both companies declined to comment when contacted by The Associated Press and Bloomberg News.

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