"Our view is that our AIX license is irrevocable and perpetual and cannot be terminated. We intend to defend this vigorously," she said. IBM intends to continue shipping and investing in AIX and supporting its customers as they implemented AIX solutions. SCOs CEO Darl McBride told eWEEK in an interview on Monday that "AIX customers will not have an authorized right to use the software and we are going to tell them to seek legal opinion as to what it means to be running your business on unauthorized version of software."McBride told eWEEK that SCO is now simply enforcing its legal rights. "We have every right in the world to revoke their right to use the software. We have been through the 100-day cure period and we did not get resolution, so we have every right to revoke their license," he said. SCO had met with IBM after it informed them it intended to revoke their AIX license, and had taken nine people to see them, from business staff to technology staff to its attorneys and had given them "every opportunity to sit down and work through this. But we continually got the cold shoulder from IBM. They have not solved the problem so we are taking the next step: enforcing the very strong contract rights we have," he said. SCO also decided to go for a permanent injunction to prevent IBM from shipping AIX rather than first starting with an audit of its customer base, McBride said. "Were not going to play softball at this point, we are simply going to go in and enforce our rights by seeking a permanent injunction," he said. AIX is based on Unix System V, to which SCO holds the copyrights, McBride said. If the injunction is granted and upheld, AIX users will have to stop running AIX unless IBM and SCO reach an agreement of some sort.
When SCO first announced the lawsuit it informed IBM that it intended to revoke its AIX license if the two companies could not reach agreement within 100 days, the amount of time specified in the Unix licensing agreement between them. That deadline passed Friday, June 13, with no resolution.