The convoluted dispute began in March last year when SCO sued IBM, accusing Big Blue of letting parts of UNIX 'slip' into the Linux operating system in breach of SCO's rights.
It originally sued IBM for $1 billion, increased the claim to $3 billion, then gained approval for another increase to $5 billion.
The case represents the biggest clash between open source and proprietary software groups since open source software began to be recognised as a credible business alternative to proprietary products.
Developments over the past year include a counter suit by IBM against SCO, the filing of a suit against SCO by Linux distributor Red Hat, and actions between Novell and SCO over who owns what intellectual property rights in the UNIX system.
In March this year SCO extended the scope of its suits to Linux users, suing both AutoZone and DaimlerChrysler for damages and an injunction against their using the infringing SCO source code contained in Linux.
AutoZone has now responded, asking that the case be delayed pending resolution of the earlier disputes or alternatively that SCO reveal exactly which sections of code are supposed to be in breach of copyright.
The fundamental issues of whether SCO actually owns valid copyright in UNIX and whether that copyright has actually been infringed are due to be answered in the course of the Novell, IBM and Red Hat cases. AutoZone argues that there is no point in duplicating these arguments.
Alternatively, the motion argues, if the case does continue, SCO "should provide AutoZone with a clear, direct explanation of each of its infringement claims so that AutoZone can frame proper responsive pleadings." To date SCO has not done so, although it is assumed to have provided the relevant evidence to IBM, following a court order to that effect.
Finally, the motion asks the court to transfer the case from Nevada, where the company is incorporated, to Western Tennessee, where the company headquarters are situated.
