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    DaimlerChrysler Denies SCOs Allegations

    By
    Steven J. Vaughan-Nichols
    -
    April 29, 2004
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      Along with AutoZone Inc., DaimlerChrysler AG is now fighting back against The SCO Group Inc.s legal assaults. The automobile giant on April 15 filed a motion to dismiss SCOs case, here in PDF form, at the Circuit Court for Oakland County in Michigan.

      But unlike AutoZone—which is striving to delay any action in its case until resolution has been reached in SCOs cases with IBM, Novell Inc. and Red Hat Inc.—DaimlerChrysler aggressively asked the court in its motion for summary disposition to “dismiss plaintiffs complaint with prejudice, award DC its costs and attorneys fees as may be permitted by law, and grant such other relief as may be appropriate.”

      In its motion, DaimlerChrysler categorically denies almost all of SCOs claims against it, starting with SCOs claim that it owns the intellectual property rights to Unix. DaimlerChrysler argues repeatedly that SCOs characterizations of DaimlerChryslers Unix license are incorrect, and the company denies all of SCOs allegations based on the license.

      More to the point, though, DaimlerChrysler also contends that SCO isnt a party to its Unix license agreements, “and therefore the plaintiff may lack standing to sue.” In addition, DaimlerChrysler says SCO lacks any standing to sue it because Novell has expressly requested SCO to waive any rights it might have to enforce this Unix license.

      /zimages/3/28571.gifClick here to read more about the SCO v. Novell case concerning Unix.

      DaimlerChrysler, still the worlds fifth-largest automobile maker, has been troubled recently. Restructuring expenses for its ailing American Chrysler division have led to a 33 percent decline in its first-quarter profit from a year earlier.

      In addition, DaimlerChryslers board recently decided not to bail out troubled Japanese carmaker Mitsubishi Motors. The move brought widespread speculation that DaimlerChrysler CEO Juergen Schrempp would be fired, but the board instead decided to continue backing him.

      /zimages/3/28571.gifCheck out eWEEK.coms Linux & Open Source Center at http://linux.eweek.com for the latest open-source news, reviews and analysis. Be sure to add our eWEEK.com Linux news feed to your RSS newsreader or My Yahoo page: /zimages/3/19420.gif http://us.i1.yimg.com/us.yimg.com/i/us/my/addtomyyahoo2.gif

      Steven J. Vaughan-Nichols
      I'm editor-at-large for Ziff Davis Enterprise. That's a fancy title that means I write about whatever topic strikes my fancy or needs written about across the Ziff Davis Enterprise family of publications. You'll find most of my stories in Linux-Watch, DesktopLinux and eWEEK. Prior to becoming a technology journalist, I worked at NASA and the Department of Defense on numerous major technological projects.
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