AutoZone filed a motion asking a court to delay action in SCO's lawsuit against AutoZone, pending resolution of SCO's lawsuits against IBM, Red Hat and Novell.
AutoZone filed a motion asking a court to delay action in SCO's lawsuit against
AutoZone, pending resolution of SCO's lawsuits against IBM, Red Hat and Novell.
AutoZone, a user of both Linux and SCO's Unix products, says that the outcome of
the lawsuit against it will hinge on the other lawsuits, according to papers
filed Friday in the U.S. District Court in Nevada.
"The resolution of each of these prior filed actions will significantly clarify,
if not resolve, SCO's claims against AutoZone," AutoZone's attorneys said in
court papers. "Staying SCO's claims will thereby avoid duplicative litigation
and save the parties and the court significant time and expense that may
ultimately prove to be unnecessary."
AutoZone noted that the lawsuit between Red Hat and SCO has already been stayed
on similar grounds. Because AutoZone uses Red Hat Linux, the case against
AutoZone ought to be stayed until the Red Hat lawsuit is resolved, AutoZone
AutoZone also said if the court is unwilling to postpone litigation, the court
should force SCO to be more specific about the charges against AutoZone.
"SCO's Complaint broadly alleges that AutoZone's distribution and copying of
Linux infringes SCO's alleged rights in Unix; however, it is impossible to tell
from the face of the complaint how AutoZone's actions infringe any rights in
Unix or what portions of Linux or Unix are at issue. Without a more definite
statement of the factual basis for SCO's claims, AutoZone cannot legitimately
evaluate or answer the claims," the court papers read.
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