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Xinuos' Linux ownership appeal rejected, effectively ending decades-long dispute
Key points
- U.S. Court of Appeals rejected Xinuos' claims against IBM and Red Hat.
- Xinuos alleged improper contribution of Project Monterey UNIX code to Linux.
- The court ruled the case was too old and framed as ownership, which is time-barred.
- Xinuos plans to seek a full-bench rehearing, which has a 0.03% chance of success.
Appeals Court Rejects Xinuos' Claims
The United States Court of Appeals for the Second Circuit rejected Xinuos' claims against IBM and Red Hat. Xinuos had alleged that IBM and Red Hat improperly contributed jointly-developed Project Monterey UNIX code to Linux. This ruling effectively concludes a legal battle that has spanned decades.
Background of the Dispute
The dispute originated from Project Monterey in 1998, a collaboration between IBM, Santa Cruz Operation (SCO), Intel, and Sequent to build a unified UNIX. As Linux gained prominence, IBM shifted its focus. SCO first complained in the early 2000s that IBM contributed UNIX code to Linux without proper rights, leading to litigation.
In 2003, SCO sued IBM for billions over unauthorized use of UNIX code. Xinuos acquired SCO's UNIX business and IP in 2011. In 2021, Xinuos sued IBM and Red Hat, claiming IBM breached its non-exclusive license by contributing Monterey code to Linux.
Court's Rationale and Future Steps
The U.S. District Court (SDNY) rejected Xinuos' claims in 2022-2025. The Court of Appeals upheld this dismissal, stating the case was too old to relitigate and that Xinuos' argument, framed as licensing, was fundamentally about ownership, which is time-barred. Xinuos has announced its intention to petition for a full-bench rehearing, though IBM's legal representatives indicate a 0.03% chance of such a hearing being granted.
✨ This summary was generated by AI from the outlets' reporting listed below. It is not independently verified and may contain errors — check the original sources. How BrevFeed works →
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Reporting from
The U.S. Court of Appeals for the Second Circuit rejected Xinuos' claims that IBM and Red Hat improperly contributed Project Monterey UNIX code to Linux. This decision effectively ends a decades-long legal dispute over Linux code ownership, despite Xinuos' intent to seek a rehearing.