SCO Successor Xinuos Asks Court to Rehear Its Claims Against IBM/Red Hat Over Project Monterey
The long legal battle over ownership of Linux "is closer than ever to ending," reports the Register, "after a panel of three judges ruled a claim against IBM and Red Hat isn't valid, and that time has expired for further action." In 2021, an heir to SCO settled with IBM for $14.25 million — a sum that reflects the fact SCO had for years failed to produce strong evidence to back its claims.…
The legal dispute over Linux ownership appears to be nearing its conclusion, according to the Register. In 2021, a settlement was reached between SCO and IBM for $14.25 million, suggesting SCO's claims lacked sufficient evidence. Another SCO successor, Xinuos, filed a new claim accusing IBM of infringing on non-exclusive licensing rights.
Xinuos claimed that IBM, when contributing Project Monterey code to Linux 25 years ago, breached the licensing agreement. Despite Xinuos appealing this decision to the US District Court for the Southern District of New York, they were unsuccessful. The United States Court of Appeals for the Second Circuit recently dismissed Xinuos' appeal, indicating that the original legal framework governing Project Monterey renders further litigation infeasible.
Xinuos plans to file a petition for a full bench review, a rare occurrence, as the court only grants reviews in about 0.03% of cases. With this development, it seems the dispute may be drawing to a close.
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