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Aussie "CyberKnights" give SCO an Ultimatum

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Perth company gives SCO Australia deadline to withdraw IP claims

By Sam Varghese
February 10, 2004

Perth-based open source company Cyberknights has written to The SCO Group in
Australia giving the latter a deadline of February 13 to withdraw its
claims that it owns IP in the Linux kernel which users should licence if
they wish to use Linux legally.

Cyberknights director Leon Brooks made an initial approach to SCO on January
21 and then repeated the ultimatum on February 2.

On Monday, Brooks sent a registered letter to Kieran O'Shaughnessy, the SCO
Group's regional general manager, Australia and New Zealand; he said he had
received legal advice to do so. He also sent the same text by email.

In the letter, Brooks said: "The heart of the matter is that The SCO Group
Australia and New Zealand (hereinafter TSG-ANZ) has widely published claims
to "intellectual property" in Linux, and claims that users of Linux are
required to purchase a licence from TSG-ANZ in the amount of AUD$999.00 for
each single-CPU server running Linux," today's communication said

"Take notice that such claims are fraudulent, and unless they are retracted
as publicly as they were made, CyberKnights Pty Ltd (hereinafter CK) will
vigorously pursue a conviction of fraud against TSG-ANZ," it said.

SCO filed a case against IBM in the US last March claiming breach of
contract. It also claimed that Linux is an unauthorised derivative of UNIX
and warned commercial Linux users that they could be legally liable for
violation of intellectual copyright.

SCO later expanded its claims against IBM to US$3 billion in June when it
said it was withdrawing IBM's licence for its own Unix, AIX. In July last
year, SCO demanded that Linux users obtain licences for using what it
claims to be its own UNIX code. Later in the year, SCO extended the
deadline for obtaining these licences.

Novell has contested SCO's claims to ownership of UNIX and says that even
though SCO has some UNIX rights, Novell has retained the right to compel
SCO to waive or revoke any of its (SCO's) rights under the contract.

<....the rest is on the web site...>

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