SCO Group, Inc. v. International Business Machines Corp.

SCO Group, Inc. v. International Business Machines Corp., commonly abbreviated as SCO v. IBM, is a civil lawsuit in the United States District Court of Utah. The SCO Group asserted that there are legal uncertainties regarding the use of the Linux operating system due to alleged violations of IBM's Unix licenses in the development of Linux code at IBM. The lawsuit was filed in 2003, it has lingered on through the bankruptcy of SCO Group and the adverse result in SCO v. Novell, and was reopened for continued litigation by order of a new judge on June 14, 2013. Pursuant to the court order reopening the case, an IBM Motion for Summary Judgment was filed based upon the results of the Novell decision. On December 15, 2014, the judge granted most of IBM's motion, thereby narrowing the scope of the case, which remained open. On March 1, 2016, following a ruling against the last remaining claims, the judge dismissed SCO's suit against IBM with prejudice. SCO filed an appeal later that month. In February 2018, as a result of the appeal and the case being partially remanded to the circuit court, the parties restated their remaining claims and provided a plan to move toward final judgement.

SCO Group, Inc. v. International Business Machines Corp.
CourtUnited States Court of Appeals for the Tenth Circuit
Full case nameThe SCO Group, Inc. v. International Business Machines Corporation
DecidedOctober 30, 2017
Citation(s)879 F.3d 1062
Case history
Prior history2:03-cv-00294 (D. Utah)
Subsequent historyRehearing en banc denied, 879 F.3d 1062 (10th Cir. January 2, 2018)
Court membership
Judge(s) sittingPaul Joseph Kelly Jr., David M. Ebel, Robert E. Bacharach
Case opinions
MajorityEbel, joined by Kelly
Concur/dissentBacharach
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