AutoZone Borrows SCOs Reasoning to Ask for a Stay

 
 
By Steven Vaughan-Nichols  |  Posted 2004-06-22 Email Print this article Print
 
 
 
 
 
 
 

Saying that SCO's IBM case will resolve threshold issues that would apply to its own legal battle, the auto parts chain quotes directly from SCO's own successful attempt to delay its case with Red Hat.

AutoZone, an auto parts chain that The SCO Group sued in March for allegedly violating SCOs Unix copyrights through its use of Linux, has asked for a stay of its case pending the resolution of SCOs cases with IBM as well as with Red Hat and Novell. The motion quotes from SCOs own attempt to stay its case with Red Hat, in which SCO said "there is no doubt" that the IBM case will resolve threshold issues in the Red Hat case. SCOs lawsuit against AutoZone accused the Memphis, Tenn.-based auto parts chain of "running versions of the Linux operating system that contain code, structure, sequence and/or organization from SCOs proprietary Unix System V code in violation of SCOs copyrights."
AutoZone Inc., which trades on Nasdaq and is a Fortune 500 member, was the first Linux-using company that The SCO Group Inc. sued after it had long promised that it would target Linux end-users in its legal fight against Linux.
Lindon, Utah-based SCO immediately followed its AutoZone suit by suing DaimlerChrysler AG in a Michigan state court both on Linux grounds and for Unix contract violations. Click here to read about the differences in the two suits legal challenges. AutoZone first answered SCOs lawsuit against it in U.S. District Court in Utah by filing a response on April 23.

In AutoZones motion to stay, filed June 4 and here in PDF form, it argues that SCO "has effectively conceded in the Red Hat litigation that AutoZone is entitled to a stay of SCOs claims."

Quoting directly from SCOs own successful attempt in a Delaware court to delay its case with Red Hat, AutoZone said, "There is no doubt that, as it is presently constituted, the IBM case will address central issues raised in [the Red Hat] lawsuit. "Therefore, it would be a waste of judicial resources, and the resources of the parties, to litigate [the Red Hat] case while a substantially similar question is being litigated in federal district court in Utah," continues the SCO statement quoted in the motion, filed in U.S. District Court in Nevada by AutoZones attorneys from Schreck Brignone and Alston & Bird LLP. Next Page: An attorney says AutoZone makes a "very compelling argument."



 
 
 
 
Steven J. Vaughan-Nichols is editor at large for Ziff Davis Enterprise. Prior to becoming a technology journalist, Vaughan-Nichols worked at NASA and the Department of Defense on numerous major technological projects. Since then, he's focused on covering the technology and business issues that make a real difference to the people in the industry.
 
 
 
 
 
 
 

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