Xinuos initiated Judicial proceedings against IBM and Red Hat. Xinuos claims that IBM illegally copied belonging Xinuos code for its server operating systems and has conspited with Red Hat with the aim of illegal separation of the market.
According to Xinuos, the IBM and Red Hat collusion caused damage to the community of developers of open software, consumers and competitors, and also contributed to the development of innovation development. Including the actions of IBM and Red Hat on the division of the market, the provision of mutual preferences and promotion of each other’s products negatively influenced the distribution of the product developed in Xinuos y OpenServer 10 competing with Red Hat Enterprise Linux.
Xinuos (Unxis) in 2011 bought business from the bankrupt SCO Group and continued the development of the OpenServer operating system. OpenServer is the SCO Unix and UnixWare successor, but starting from the OpenServer 10 release as the basis in this operating system uses FreeBSD.
The proceedings are expanded in two directions: violation of antitrust laws and disruption of intellectual property. In the first part, it is proposed that having achieved dominance in the server operating system operating systems based on UNIX / Linux company IBM and Red Hat have provided competing systems such as OpenServer based on FreeBSD. Xinuos argues that the market manipulation as a result of CORDS IBM and Red Hat began long before the purchase of Red Hat by IBM, while Unixware 7 and OpenServer 5 occupied a noticeable part of the market. The absorption of the Red Hat company IBM is interpreted as an attempt to strengthen conspiracy and translating the implemented scheme in the category of permanent.