The patents

The patents

Posted Aug 8, 2003 5:11 UTC (Fri) by mbp (guest, #2737)
In reply to: The patents by sbergman27
Parent article: A brief look at IBM's counterclaims

> So why these particular patents? From their vast portfolio,
> this is the best they could do?

IBM probably have good grounds to suspect that SCO violated those patents. But it doesn't really matter. The technique is fairly similar to stoning to death: IBM can start a practically unbounded number of patent lawsuits if they wish, from their portfolio of thousands. Some of them will hit, but even if they all missed, SCO could not afford to defend them.

As Ian Lance Taylor said <http://www.linuxjournal.com/article.php?sid=6956>

> IBM is a past master of the IP extortion strategy. For example, see
> this Forbes article about IBM's shakedown of Sun in Sun's early days.
> For SCO to attack IBM using IP is somewhat like trying to eat a live
> tiger.

http://www.forbes.com/asap/2002/0624/044_print.html

IBM are fighting to preserve a multi-billion dollar Linux and AIX business. The minor expenditure of bringing four, or forty, or four hundred other lawsuits against SCO is well worth while.

I am not really happy that the legal system works this way, but in this case it's for the good.

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