GoKawiilXinuos Seeks Full Court Rehearing After Losing Linux Case Against IBM, Red Hat
A federal appeals panel rejected Xinuos's claim that IBM improperly contributed Project Monterey code to Linux, ruling the deadline to pursue such action had passed. Xinuos, a legal successor to SCO, now plans to petition for the case to be reheard by the full Second Circuit Court of Appeals rather than just a three-judge panel.
GoKawiil's interpretation of the reporting above, not reported fact.
This case is a late chapter in the decades-long SCO-vs-Linux saga that once threatened the open-source ecosystem with sweeping ownership claims. Given that full-court rehearings are granted in less than 0.03 percent of cases at the Second Circuit, this move likely represents one of the final legal maneuvers before the dispute is settled for good.
- A three-judge panel ruled Xinuos's claim against IBM and Red Hat is time-barred and invalid.
- Xinuos plans to ask for a rare full-bench rehearing, which succeeds in under 0.03% of Second Circuit cases.
- The ruling brings the long-running SCO-linked litigation over Linux ownership closer to a definitive end.
The Cathedral & the Bazaar by Eric S. Raymond — If decades of courtroom drama over who owns Linux has you curious about how open source actually came to be, Raymond's classic essay collection is the place to start. It lays out the open development model that IBM, Red Hat and the wider Linux world built on long before Project Monterey ended up in front of judges. A compact, readable piece of tech history for any shelf.
See The Cathedral & the Bazaar by Eric S. Raymond on Amazon → Affiliate link — we may earn a commission on purchases, at no extra cost to you. Product picked by AI based on this article; it is not a tested recommendation.Source: linux.slashdot.org — Posted, 2026-08-24
Published there as: “SCO Successor Xinuos Asks Court to Rehear Its Claims Against IBM/Red Hat Over Project Monterey”
Read the original report → The summary and analysis above are GoKawiil's own, written from reporting by the source above. Facts and quotes belong to the original publisher.