A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil matter. In the United States, under the rules of civil procedure governing practice in federal courts and most state courts, the entry of judgment is the final order entered by the ...

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• Judgment - Spelling

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SCO's lawsuit has been consistent only in its claim of breach of contract (since the abandonment in early 2004 of its claim of misappropriation of trade secrets). SCO's initial claims were: Misappropriation of trade secrets Unfair competition Interference with contract Breach of IBM Software Agreement On July 22, 2003, SCO amended its complaint. It added two new claims: Breach of IBM Sublicensing Agreement ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - SCO's claims

On August 6, 2003, IBM filed its counterclaims against SCO. [8] [9] It made 10 counterclaims: breach of contract Lanham Act violation Unfair competition Intentional interference with prospective economic relations Unfair and deceptive trade practices Breach of the GNU General Public License and four counts of patent infringement In response to these counterclaims, SCO has asserted that the GPL is unenforceable, void, and violates the United States Constitution. ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - IBM counterclaims against SCO

The discovery portion of the lawsuit has been dragging on for an unusual amount of time. The basis for SCO's suit is that any code developed on top of SVR5 is a derivative work of SVR5 (which would include AIX), and that IBM has publicly admitted to contributing AIX code to the Linux kernel. Since SCO has never seen the AIX code, it has, as part of the discovery process, deposed IBM for the AIX code, so that it can compare AIX code to Linux kernel code. IBM, rejecting SCO's concept of derivative work, has deposed SCO for which lines of code ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - Discovery

A number of Linux supporters have characterized SCO's actions as an attempt to create fear, uncertainty and doubt about Linux. Many believe that SCO's aim is to be bought out by IBM. Others have pointed to Microsoft's subsequent licensing of the SCO source code as a possible quid pro quo for SCO's action. Univention GmbH, a Linux integrator, reported on May 30, 2003 it was granted an injunction by a Bremen court under German competition law that prohibits the SCO Group's German division from saying that Linux contains illegally ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - Fear uncertainty and doubt

Section 8 of Article One of the United States Constitution states that [Congress shall have power] to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. SCO claimed that this pre-empts the GNU General Public License, since the main purpose of the GPL is to remove exclusive rights, and promote rights for all, that the GPL is therefore a violation of that part of the US Constitution. This may ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - The GPL and the US Constitution

The lawsuit caused moral indignation and outrage in the free software and open source communities, who consider SCO's claims to be without merit, even cynically dishonest. Open source advocates' arguments include: that the Linux operating system was unlikely to contain UNIX code, as it had been written from scratch by hundreds of collaborators, with a well-documented provenance and revision history that was entirely in the public view; that it made no technical sense to incorporate SCO UNIX code in Linux, as Linux had t ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - Free software/open source community reaction

Within a few months of the filing of the lawsuit, Eben Moglen, the Free Software Foundation's legal counsel, stated that SCO's suit should not concern Linux users other than IBM. In an interview with internetnews.com, he was reported as saying: "There is absolute difficulty with this line of argument which ought to make everybody in the world aware that the letters that SCO has put out can be safely put in the wastebasket," ... "From the moment that SCO distributed that code under the GNU General Publi ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - The GPL issue

Novell entered the controversy by publishing on May 28, 2003, a press release concerning the SCO Group's ownership of UNIX. "To Novell's knowledge, the 1995 agreement governing SCO's purchase of UNIX from Novell does not convey to SCO the associated copyrights," a letter to the SCO Group's CEO Darl McBride said in part. "We believe it unlikely that SCO can demonstrate that it has any ownership interest whatsoever in those copyrights. Apparently you share this view, since over the last few months you have repeatedly asked Novell to transfe ...

See also:

SCO v. IBM, SCO v. IBM - SCO's claims, SCO v. IBM - Free software/open source community reaction, SCO v. IBM - The GPL issue, SCO v. IBM - The GPL and the US Constitution, SCO v. IBM - Novell enters the controversy, SCO v. IBM - Fear uncertainty and doubt, SCO v. IBM - IBM's AIX license, SCO v. IBM - IBM counterclaims against SCO, SCO v. IBM - Discovery, SCO v. IBM - Examples of controversial code revealed, SCO v. IBM - Copyright claims December 2003

Read more here: » SCO v. IBM: Encyclopedia II - SCO v. IBM - Novell enters the controversy