The 28-Year Fight Over Linux Ownership: Nearly Over
A US appeals court has affirmed the dismissal of the last live claim in the long-standing debate over who owns Linux, as reported by The Register. IBM does not contest that it utilized the code, or that Xinuos holds ownership, but the claim failed due to its late filing.
The Ruling
On August 10, the US Court of Appeals for the Second Circuit upheld the lower court’s judgment, rejecting Xinuos’ remaining arguments as without merit. This summary order, while not setting a legal precedent, provides a clear stance on the matter.
The Disputed Events
The controversy dates back to 1998 with the establishment of Project Monterey, a joint venture between IBM and The Santa Cruz Operation. The goal was to develop a family of UNIX-based operating systems. A Joint Development Agreement allowed each party to license the other’s code, with a two-year limit for legal action in case of breach.
The Breakup and Alleged Code Contribution
IBM’s decision to prioritize Linux and its own architectures led to the project’s dissolution in 2001. Santa Cruz Operation later sold its business to Caldera Systems, and IBM allegedly contributed Project Monterey code to Linux and its proprietary systems.
A Long Legal Battle
This dispute has spanned 23 years of legal battles, with Caldera’s initial lawsuit against IBM filed in 2003. Now, with the appeals court’s ruling, the chapter on this lengthy ownership fight appears to be closing.
Xinuos, however, still has one long-shot chance to challenge the ruling.