SCO v. DaimlerChrysler
Encyclopedia
The SCO Group v. DaimlerChrysler was a lawsuit filed in the United States
, in the state of Michigan
. In December 2003, SCO
sent a number of letters to Unix
licensees. In these letters, SCO demanded that the licensees certify certain things regarding their usage of Linux
. DaimlerChrysler, a former Unix user and current Linux user, did not respond to this letter. On March 3, 2004, SCO filed suit against DaimlerChrysler for violating their Unix license agreement, by failing to respond to the certification request made by SCO. The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal notice. On January 31, 2005, the claim of appeal was dismissed.
bought a Unix source license from AT&T
on September 2, 1988. A source license allows the licensee to view, modify and use the Unix source code
on a number of specific machines (designated CPU
s).
Through a number of acquisitions, The SCO Group became the licensing agent that handled Unix source licenses. Chrysler Motors Corporations merged with Daimler-Benz
in 1998 forming DaimlerChrysler.
The SCO Group invoked their right to ask for certification on December 18, 2003. In addition to the certification specified in the license, SCO also instructed the Unix licensees to certify their use of Linux, a competing operating system.
DaimlerChrysler did not respond to this letter. In fact, it is possible that DaimlerChrysler never received it; it was addressed to Chrysler Motors Corporation at 12800 Oakland Avenue in Highland Park, Michigan
, but Chrysler Corporation (as it was then known) had announced the move of its Highland Park headquarters in 1992, and famously moved
into a massive, 4400000 sq ft (408,773.4 m²) headquarters complex
(1000 Chrysler Drive) in nearby Auburn Hills
between 1993-1996. The company closed down its Highland Park facilities in 1997.
The name of the company, too had changed: "Chrysler Motors Corporation" had become part of DaimlerChrysler when it merged with Daimler-Benz
AG in 1998. The former Chrysler operations were now referred to informally as "the Chrysler Group", but were legally known as DaimlerChrysler Motors Company LLC
.
lawsuit against DaimlerChrysler. In its complaint, SCO claimed that DaimlerChrysler refused to comply with the terms of the license. SCO also speculated that DaimlerChrysler broke the licensing agreement when they moved to the Linux operating system
and that this is the reason why they refused to certify.
DaimlerChrysler responded with a motion for summary judgment
on April 15, 2004. DaimlerChrysler claimed that the letter sent by SCO asked for certifications that were not agreed upon in the original licensing agreement, such as certifications about the use of Linux. Additionally DaimlerChrysler claimed that the original licensing agreement does not mention a specific time in which a licensee should respond to a certification request. DaimlerChrysler also told the court that it had not been contacted by SCO after receiving the letter, instead SCO filed suit without further attempts to receive any certifications.
At the same time, DaimlerChrysler also responded by certifying their use of Unix, according to the provisions specified in the original licensing agreement. In this certification DaimlerChrysler revealed that they have not used Unix for over 7 years.
On August 9, 2004, Judge Chabot granted the summary disposition almost completely. The only remaining issue on the case was whether DaimlerChrysler's response was submitted in a timely manner. On November 17, 2004, SCO moved to stay its suit pending SCO v. IBM case, but was denied.
The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice
, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal
notice. On January 31, 2005, the claim of appeal was dismissed.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, in the state of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. In December 2003, SCO
SCO Group
TSG Group, Inc. is a software company formerly called The SCO Group, Caldera Systems, and Caldera International. After acquiring the Santa Cruz Operation's Server Software and Services divisions, as well as UnixWare and OpenServer technologies, the company changed its focus to UNIX...
sent a number of letters to Unix
Unix
Unix is a multitasking, multi-user computer operating system originally developed in 1969 by a group of AT&T employees at Bell Labs, including Ken Thompson, Dennis Ritchie, Brian Kernighan, Douglas McIlroy, and Joe Ossanna...
licensees. In these letters, SCO demanded that the licensees certify certain things regarding their usage of Linux
Linux
Linux is a Unix-like computer operating system assembled under the model of free and open source software development and distribution. The defining component of any Linux system is the Linux kernel, an operating system kernel first released October 5, 1991 by Linus Torvalds...
. DaimlerChrysler, a former Unix user and current Linux user, did not respond to this letter. On March 3, 2004, SCO filed suit against DaimlerChrysler for violating their Unix license agreement, by failing to respond to the certification request made by SCO. The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal notice. On January 31, 2005, the claim of appeal was dismissed.
History
For use on their Cray supercomputer, Chrysler CorporationChrysler
Chrysler Group LLC is a multinational automaker headquartered in Auburn Hills, Michigan, USA. Chrysler was first organized as the Chrysler Corporation in 1925....
bought a Unix source license from AT&T
AT&T
AT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
on September 2, 1988. A source license allows the licensee to view, modify and use the Unix source code
Source code
In computer science, source code is text written using the format and syntax of the programming language that it is being written in. Such a language is specially designed to facilitate the work of computer programmers, who specify the actions to be performed by a computer mostly by writing source...
on a number of specific machines (designated CPU
Central processing unit
The central processing unit is the portion of a computer system that carries out the instructions of a computer program, to perform the basic arithmetical, logical, and input/output operations of the system. The CPU plays a role somewhat analogous to the brain in the computer. The term has been in...
s).
Through a number of acquisitions, The SCO Group became the licensing agent that handled Unix source licenses. Chrysler Motors Corporations merged with Daimler-Benz
Daimler-Benz
Daimler-Benz AG was a German manufacturer of automobiles, motor vehicles, and internal combustion engines; founded in 1926. An Agreement of Mutual Interest - which was valid until year 2000 - was signed on 1 May 1924 between Karl Benz's Benz & Cie., and Daimler Motoren Gesellschaft, which had...
in 1998 forming DaimlerChrysler.
Background information
The licenses sold by AT&T allow the licensor to ask for certification regarding the use of the licensed product.- On [SCO's] request, but not more frequently than annually, LICENSEE shall furnish to [SCO] a statement, certified by an authorized representative of LICENSEE, listing the location, type and serial number of all DESIGNATED CPUs hereunder and stating that the use by LICENSEE of SOFTWARE PRODUCTS subject to this Agreement has been reviewed and that each such SOFTWARE PRODUCT is being used solely on DESIGNATED CPUs (or temporarily on back-up CPUs) for such SOFTWARE PRODUCTS in full compliance with the provisions of this Agreement.
The SCO Group invoked their right to ask for certification on December 18, 2003. In addition to the certification specified in the license, SCO also instructed the Unix licensees to certify their use of Linux, a competing operating system.
DaimlerChrysler did not respond to this letter. In fact, it is possible that DaimlerChrysler never received it; it was addressed to Chrysler Motors Corporation at 12800 Oakland Avenue in Highland Park, Michigan
Highland Park, Michigan
- Geography :According to the United States Census Bureau, the city has a total area of , all land.- Demographics :As of the census of 2000, there were 16,746 people, 6,199 households, and 3,521 families residing in the city. The population density was 5,622.9 per square mile . There were 7,249...
, but Chrysler Corporation (as it was then known) had announced the move of its Highland Park headquarters in 1992, and famously moved
into a massive, 4400000 sq ft (408,773.4 m²) headquarters complex
Chrysler Headquarters and Technology Center
The Chrysler Headquarters and Technology Center is the world headquarters and main research and development facility for the automobile manufacturer Chrysler Group LLC. It is located in the Metro Detroit suburb of Auburn Hills, Michigan, USA. Completed in 1996, the complex has on located near I-75...
(1000 Chrysler Drive) in nearby Auburn Hills
Auburn Hills, Michigan
Auburn Hills is a city in Metro Detroit, Oakland County, in the U.S. state of Michigan. The population was 21,412 at the 2010 census. The city was formed in 1983 when Pontiac Township became the City of Auburn Hills.-Economy:...
between 1993-1996. The company closed down its Highland Park facilities in 1997.
The name of the company, too had changed: "Chrysler Motors Corporation" had become part of DaimlerChrysler when it merged with Daimler-Benz
Daimler-Benz
Daimler-Benz AG was a German manufacturer of automobiles, motor vehicles, and internal combustion engines; founded in 1926. An Agreement of Mutual Interest - which was valid until year 2000 - was signed on 1 May 1924 between Karl Benz's Benz & Cie., and Daimler Motoren Gesellschaft, which had...
AG in 1998. The former Chrysler operations were now referred to informally as "the Chrysler Group", but were legally known as DaimlerChrysler Motors Company LLC
Chrysler
Chrysler Group LLC is a multinational automaker headquartered in Auburn Hills, Michigan, USA. Chrysler was first organized as the Chrysler Corporation in 1925....
.
The lawsuit
On March 3, 2004, The SCO Group filed a breach of contractBreach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
lawsuit against DaimlerChrysler. In its complaint, SCO claimed that DaimlerChrysler refused to comply with the terms of the license. SCO also speculated that DaimlerChrysler broke the licensing agreement when they moved to the Linux operating system
Operating system
An operating system is a set of programs that manage computer hardware resources and provide common services for application software. The operating system is the most important type of system software in a computer system...
and that this is the reason why they refused to certify.
DaimlerChrysler responded with a motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
on April 15, 2004. DaimlerChrysler claimed that the letter sent by SCO asked for certifications that were not agreed upon in the original licensing agreement, such as certifications about the use of Linux. Additionally DaimlerChrysler claimed that the original licensing agreement does not mention a specific time in which a licensee should respond to a certification request. DaimlerChrysler also told the court that it had not been contacted by SCO after receiving the letter, instead SCO filed suit without further attempts to receive any certifications.
At the same time, DaimlerChrysler also responded by certifying their use of Unix, according to the provisions specified in the original licensing agreement. In this certification DaimlerChrysler revealed that they have not used Unix for over 7 years.
On August 9, 2004, Judge Chabot granted the summary disposition almost completely. The only remaining issue on the case was whether DaimlerChrysler's response was submitted in a timely manner. On November 17, 2004, SCO moved to stay its suit pending SCO v. IBM case, but was denied.
The parties agreed to a stipulated dismissal order on December 21, 2004. The case was dismissed without prejudice
Prejudice (law)
There are two meanings for "prejudice" in legal proceedings; civil and criminal.-Civil procedure:Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. Thus, in a civil case, dismissal without...
, but if SCO wishes to pursue the timeliness claim again, it must pay DaimlerChrysler's legal fees since August 9. On December 29, 2004, SCO filed a claim of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
notice. On January 31, 2005, the claim of appeal was dismissed.
External links
- Legal documents of the case
- Legal documents and analysis by Al Petrofsky
- SCO v. DaimlerChrysler at GroklawGroklawGroklaw is an award-winning website covering legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003 by paralegal Pamela Jones at Radio UserLand, it has covered issues such as the SCO-Linux lawsuits, the EU anti-trust case against Microsoft, and...