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To read comments to this article, go here
AutoZone Complaint - as text
Wednesday, March 03 2004 @ 07:54 PM EST

Here's the AutoZone complaint, thanks to JeR, once again, who stayed up until 3 in the morning, his time, to do this for us. Thank you.

The operative paragraphs are 11, where SCO once again claims clear title to the copyrights, and 19:

"19. The Copyrighted Materials include protected expression of code, structure, sequence and/or organization in many categories of UNIX System V functionality, including but not limited to the following: System V static shared libraries; System V dynamic shared libraries; System V inter-process communication mechanisms including semaphores, message queues, and shared memory; enhanced reliable signal processing; System V file system switch interface; virtual file system capabilities; process scheduling classes, including real time support; asynchronous input/output; file system quotas; support for Lightweight Processes (kernel threads); user level threads; and loadable kernel modules."

Netcraft has an ironic detail, which Groklaw's muzza found. This court runs on GNU/Linux:

"However, the defence may take heart that the court in which SCO filed suit runs its own web site on Linux, and that the key electronic documents SCO filed in the case will be living on a Linux server. Plaintiffs filing lawsuits must enter copies of their legal documents in Adobe PDF format in the court's Linux-based Case Management/Electronic Case Filing (CM/ECF) system, which will provide electronic updates of case information for the litigants and their lawyers."

Cute, huh? SCO's problem is, they are surrounded by GNU/Linux users. There is a comical picture on SCO's SCOSource page.

****************************************************

Stanley W. Parry, Esq.
State Bar No. 1417
Glenn M. Machado, Esq.
State Bar No. 7802
CURRAN & PARRY
[address, phone]

Stephen N. Zack, Esq.
Mark J. Heise, Esq.
[address, phone]

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

THE SCO GROUP, INC.,
a Delaware corporation.

Plaintiff,

v.

AUTOZONE, INC.,
a Nevada corporation,

Defendant.

COMPLAINT

JURY DEMAND

CV-S-04-0237-DW11-LRL


COMES NOW, the Plaintiff, The SCO Group, Inc. (“SCO”) sues Defendant, AutoZone, Inc., (“AutoZone”) and alleges as follows:

INTRODUCTION

1. Defendant uses one or more versions of the Linux operating system that infringe on SCO’s exclusive rights in its propriety UNIX System V operating system technology. This case seeks relief under the Copyright Act to compensate SCO for damages it has sustained as result of Defendant’s infringing uses of SCO’s proprietary UNIX System V technology, and to enjoin any further use by Defendant of the protected UNIX System V technology contained in Linux.

2. Plaintiff SCO is a Delaware corporation with its principal place of business in Utah County, State of Utah.

3. Defendant is a Nevada corporation with its principal place of business in the State of Tennessee.

4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. '' 1331 and 1338.

5. Venue is properly situated in this District pursuant to 28 U.S.C. '' 1391 and 1400.

BACKGROUND FACTS

6. UNIX is a computer software operating system. Operating systems serve as the link between computer hardware and the various software programs (known as applications) that run on the computer. Operating systems allow multiple software programs to run at the same time and generally function as a “traffic control” system for the different software programs that run on a computer.

7. In the business-computing environment for the Fortune 1000 and other large corporations (often called the “enterprise computing market”), UNIX is widely used.

8. The UNIX operating system was originally developed by AT&T Bell Laboratories (“AAT&T”). After successful in-house use of the UNIX software, AT&T began to license UNIX as a commercial product for use in enterprise applications by other large companies.

9. Over the years, AT&T Technologies, Inc., a wholly owned subsidiary of AT&T, and its related companies licensed UNIX for widespread enterprise use. Pursuant to a license with AT&T, various companies, including International Business Machines, Hewlett-Packard, Inc., Sun Microsystems, Inc., Silicon Graphics, Inc., and Sequent Computer Systems, became some of the principal United States-based UNIX vendors, among many others.

10. These license agreements place restrictions on the valuable intellectual property developed by AT&T, which allow UNIX to be available for use by others while, at the same time, protecting AT&T’s (and its successors’) rights..

11. Through a series of corporate acquisitions, SCO presently owns all right, title and interest in and to UNIX and UnixWare operating system source code, software and sublicensing agreements, together with copyrights, additional licensing rights in and to UNIX and UnixWare, and claims against all parties breaching such agreements.

12. During the past few years a competing, and free, operating system know as Linux has been transformed from a non-commercial operating system into a powerful general enterprise operating system.

13. Linux is in material respects an operating system variant or clone of UNIX System V technology. According to leaders within the Linux community, Linux is not just a “clone” but is intended to displace UNIX System V.

CAUSE OF ACTION

(Copyright Infringement)

14. Plaintiff repeats and re-alleges all allegations set forth in paragraphs 1 through 13 of this Complaint as though fully set forth herein.

15. SCO is the owner of copyright rights to UNIX software, source code, object code, programming tools, documentation related to UNIX operating system technology, and derivative works thereof. These materials are covered by numerous copyright registrations issued by the United States Copyright Office (the “Copyrighted Materials”). Registrations in the Copyrighted Materials have been obtained by SCO and its predecessors in interest and are owned by SCO. Included among such registrations are the following reference materials:
TITLE REGISTRATION NO.
UNIX SYSTEM V RELEASE 4 Integrated Software Development Guide TX 2 931-646
UNIX SYSTEM V RELEASE 4 Reference Manual For Intel Processor Commands m-z TX 3 221-656
UNIX SYSTEM V RELEASE 4 Reference Manual for Intel Processors Commands a-1 TX 3 227-639.
UNIX SYSTEM V RELEASE 4 Device Driver Interface/Driver Kernel Interface Reference Manual for Intel Processors TX 3 232-578
UNIX SYSTEM V RELEASE 4 Programmer’s Guide: Streams for Intel Processors TX 3 218-286
UNIX SYSTEM V RELEASE 4 Device Driver Interface/Driver Kernel Interface Reference Manual for Motorola Processors
TX 220-500
UNIX SYSTEM V RELEASE 4 Reference Manual for Motorola Processors Commands a-1 TX 3 220-331
UNIX SYSTEM V RELEASE 4 PROGRAMMER’S GUIDE TX 2 120-502
UNIX SYSTEM V/386 RELEASE 4 Transport Application Interface Guide TX 2 881-542
UNIX SYSTEM V/386 RELEASE 4 Device Interface/Driver Kernel Interface (DDI/DKI) Reference Manual TX 2 883-235
UNIX SYSTEM V/386 RELEASE 4 Programmers Guide: SCSI Driver Interface TX 2 902-863
UNIX SYSTEM V/386 RELEASE 4 System Administrators Reference Manual TX 2 881-543
UNIX SYSTEM V/386 RELEASE 4 Programmers Reference Manual
TX 2 853-760
UNIX SYSTEM V/386 RELEASE 4 Users Reference Manual TX 2 890-471
UNIX SYSTEM V/386 RELEASE 4 Users Reference Manual TX 2 820-791
UNIX SYSTEM V RELEASE 4 Device Driver Interface/Driver Kernel Interface (DDI/DKI) Reference Manual TX 3 820-792
UNIX SYSTEM V RELEASE 4 Programmers Guide: Streams TX 2 833-114
UNIX SYSTEM V RELEASE 4 Programmers Reference Manual TX 2 832-009
UNIX SYSTEM V RELEASE 4 System Administrator’s Reference Manual TX 2 830-989.
UNIX SYSTEM V/386 Programmers Guide Vol. II TX 2 454-884
UNIX SYSTEM V/386 RELEASE 3.2 Programmers Reference Manual TX 2 494-658
UNIX SYSTEM V/386 Programmers Reference Manual TX 2 373-759
UNIX SYSTEM V/386 System Administrators Reference Manual TX 2 371-952
UNIX SYSTEM V/386 Streams Programmers Guide TX 2 367-657
UNIX SYSTEM V/386 Streams Primer TX 2 366-532
UNIX SYSTEM V RELEASE 3.2 System Administrators Reference Manual TX 2 611-860
UNIX SYSTEM V. RELEASE 3.2 Programmers Reference Manual TX 2 605-292
UNIX SYSTEM V Documentors Workbench Reference Manual TX 2 986-119
UNIX SYSTEM V RELEASE 4 Users Reference Manual/System Administrators Reference Manual for Motorola Processors Commands m-z TX 3 218-267
UNIX SYSTEM V RELEASE 4 System Files and Devices Reference Manual for Motorola Processors TX 3 221-654

16. Pursuant to 17 U.S.C. _410 (c) the Certificates of Copyright Registrations identified above constitutes prima facie evidence of the validity of the copyrights and of the facts stated in the Certificates. SCO’s registered copyrights in the Copyrighted Materials as embodied in the above Copyright Registrations are entitled to such statutory presumptions.

17. Registrations in the Copyrighted Materials have also been obtained by SCO and its registrations in the following additional registrations of software code:
UNIXWARE 7.1.3 TX 5-787-679
UNIX SYSTEM V RELEASE 3.0 TX 5-750-270
UNIX SYSTEM V RELEASE 3.1 TX 5-750-269
UNIX SYSTEM V RELEASE 3.2 TX 5-750-271
UNIX SYSTEM V RELEASE 4.0 TX 5-776-217
UNIX SYSTEM V RELEASE 4.1ES TX 5-705-356
UNIX SYSTEM V RELEASE 4.2 TX 5-762-235
UNIX SYSTEM V RELEASE 4.1 TX 5-762-234
UNIX SYSTEM V RELEASE 3.2 TX 5-750-268

18. SCO and its predecessors in interest created the Copyrighted Materials as original works of authorship, and, as such, the Copyrighted Materials constitute copyrightable subject matter under the copyright laws of the United States. The Copyrighted Materials were automatically subject to copyright protection under 17 U.S.C. Section 102(a) when such programs were fixed in a tangible medium of expression. Copyright protection under 17 U.S.C. Section 102 and 103 extends to derivative works. Derivative works are defined in 17 U.S.C. Section 101 to include works based on the original work or any other form in which the original work may be recast, transformed, modified or adapted.

19. The Copyrighted Materials include protected expression of code, structure, sequence and/or organization in many categories of UNIX System V functionality, including but not limited to the following: System V static shared libraries; System V dynamic shared libraries; System V inter-process communication mechanisms including semaphores, message queues, and shared memory; enhanced reliable signal processing; System V file system switch interface; virtual file system capabilities; process scheduling classes, including real time support; asynchronous input/output; file system quotas; support for Lightweight Processes (kernel threads); user level threads; and loadable kernel modules.

20. On information and belief, parts or all of the Copyrighted Material has been copied or otherwise improperly used as the basis for creation of derivative work software code, included one or more Linux implementations, including Linux versions 2.4 and 2.6, without the permission of SCO.

21. Defendant has infringed and will continue to infringe SCO’s copyrights in and relating to Copyrighted Materials by using, copying, modifying, and/or distributing parts of the Copyrighted Materials, or derivative works based on the Copyrighted Materials in connection with its implementations of one or more versions of the Linux operating system, inconsistent with SCO’s exclusive rights under the Copyright Act.

22. Defendant does not own the copyright to the Copyrighted Materials nor does it have permission or proper license from SCO to use any part of the Copyrighted Materials as part of a Linux implementation.

23. Upon information and belief, Defendant’s conduct was and is willfully done with knowledge of SCO’s copyrights.

24. Plaintiff has no adequate remedy at law. Defendant’s conduct has caused, and if not enjoined, will continue to cause, irreparable harm to SCO.

25. As a result of Defendant’s wrongful conduct, SCO is entitled to the following relief:

a. Injunctive relief pursuant to 17 U.S.C. Section 502 against Defendant’s further use or copying of any part of the Copyrighted Materials;

b. SCO’s actual damages as a result of Defendant’s infringement and, to the extent applicable and elected by SCO prior to trial pursuant to 17 U.S.C. Section 504, SCO’s statutory damages and enhanced damages; and

c. Attorney’s fees and costs pursuant to 17 U.S.C. Section 505

PRAYER FOR RELIEF

WHEREFORE, having fully set forth its complaint, plaintiff prays for relief from this Court as follows:

1. Injunctive relief pursuant to 17 U.S.C. Section 502 against Defendant’s further use or copying of any part of the Copyrighted Materials;

2. SCO’s actual damages as a result of Defendant’s infringement and, to the extent applicable and elected by SCO prior to trial pursuant to 17 U.S.C. Section 504, SCO’s statutory damages and enhanced damages;

3. Attorney’s fees and costs pursuant to 17 U.S.C. Section 505; and

4. Pre- and post-judgment interest, and all other legal and equitable relief deemed just and proper by this Court.

JURY DEMAND

Plaintiff demands that all issues in this case be tried by a jury in accordance with the Seventh Amendment to the U.S. Constitution and Rule 38(b) of the Federal Rules of Civil Procedure.

DATED this 2nd day of March, 2004.


Stanley W. Parry, Esq.
Nevada Bar No. 1417
Glenn M. Machado, Esq.
State Bar No. 7802
CURRAN & PARRY
[address, phone]
Attorneys for Plaintiff


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