Red Hat has asked a federal judge to reverse her decision to put its copyright-related lawsuit against the SCO Group on hold. Arguing that the stay was "inappropriate," Red Hat requested on Tuesday that Sue Robinson, chief judge for the U.S. District Court in Delaware, allow it to move forward with its case. The Raleigh, N.C.-based company is seeking a declaration from the Delaware court that it isn't violating SCO's copyrights or trade secrets. Robinson issued a hold in the Delaware case in April until a separate but related lawsuit filed by SCO against IBM had been resolved in Utah federal court. At the same time, she rejected SCO's request to have the case thrown out altogether.
In a case that sent shock waves through the computing industry, SCO sued IBM in March 2003. It argued that Big Blue had moved technology from Unix to Linux against the terms of a contract between the two companies. In February this year, SCO added a copyright-infringement claim to the third version of its complaint against IBM. That move came six months after Red Hat launched its legal bid to protect itself against SCO copyright claims.
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