The Lindon, Utah company pledged to announce the filing on late Tuesday afternoon but has opted to delay the announcement until 9. a.m eastern standard time. One spokesman for SCOL confirmed that copyright infingement is one of the claims that willbe a part of the filing.
On Tuesday, an OSDL executive said the open source community will stand behind any customers hit with a lawsuit. "The entire Linux ecosystem, including OSDL and its 35-plus member organizations, will stand firm against any legal actions against Linux end-users made by the SCO Group. This is why OSDL announced our defense fund in January," said Stuart Cohen, CEO of OSDL. "SCO's decision to move forward with their end-user lawsuit is unfortunate, but due to the questionable merits of the case, we see no reason why this case will have an impact on the growth of Linux in the enterprise."
Linus Torvalds, the creator of the Linux kernel and an OSDL Fellow, claimed SCO has no copyright claim to Linux and he questioned the timing of the filing against the customer. SCO is due to announce its first quarter earnings on Wednesday. "They know they have no copyright ownership in Linux," Torvalds said, noting that SCO's earnings call is scheduled for Wednesday.