Linux ownership case effectively dead as appeals court rejects Xinuos claim
A decades-long dispute over IBM's use of Project Monterey code in Linux ends after Second Circuit rules the case is time-barred.
What to know
- The Second Circuit Court of Appeals rejected Xinuos' claim on August 10, 2026, ruling the decades-old case is time-barred and Xinuos misframed it as a licensing matter when it was really an ownership dispute.
- Xinuos plans to petition for a full-bench rehearing, but such requests succeed in fewer than 0.03% of cases, effectively ending the legal threat to Linux.
- The case originated in 2003 when SCO sued IBM over Project Monterey UNIX code allegedly contributed to Linux without proper rights; an SCO heir settled for $14.25 million in 2021.
This case is absurd and should have ended long ago; its demise is good for everyone.
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“I'd hard to believe this stupid thing is still happening all these years later. I remember when this started, and it was stupid back then.”
mike · Mastodon
“That hardly ever happens, unless the court finds significant errors or major legal issues that make a rehearing worthwhile. Law firm Kaplan says the Second Circuit has allowed reviews of less than 0.03 percent of the cases it has handled.”
The Register · The Register
IBM Defendant; Project Monterey partnerRed Hat Co-defendantXinuos Plaintiff; SCO successorSanta Cruz Operation (SCO) Original claimant (defunct)
The record 4 articles and posts · last 30 days
What people are saying 2 voices from 1 site · verbatim
- Aug 25
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A
Glad to see the final remnants of the SCO bogus lawsuit against Linux finally die. https://www. tomshardware.com/software/linu x/decades-long-linux-ownership-dispute-effectively-dead-after-xinuos-appeal-rejected-us-court-of-appeals-halts-the-legal-wrangling-over-ibms-and-red-hats-use-of-project-monterey-unix-code
- Aug 24
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M
I'd hard to believe this stupid thing is still happening all these years later. I remember when this started, and it was stupid back then. The fact that someone is still trying to cash in on this is boggling. https://www. theregister.com/software/2026/ 08/24/ancient-who-owns-linux-case-now-has-one-foot-very-deep-in-the-grave/5291513