오픈 이노베이션 전략의 법적 함의 - SCO 대 IBM 소송을 중심으로 -

“Open Innovation” is an industry buzzword today. It is becominga prerequisite for a firm’s survival and growth, especially in the ITindustry. Free/Open Source Software (“FOSS”) movement is differentfrom Open Innovation in terms of its origin and philosophicalfoundation. But it also should be noted that more and more companiesembedded with the Open Innovation concept are now actively utilizingFOSS to make the most of their product value. Furthermore, HenryChesbrough’s Open Innovation model itself contains an element thatrequires participation of FOSS developers and labels them as“innovation missionaries.” The FOSS community is also experiencinglimitless collaboration opportunities with commercial softwaredevelopers and increase in relevant licensing guidelines. IBM, as a leading hardware and software company in the globalmarket, is located at the harmonization point where the OpenInnovation strategy and the FOSS movement can be merged. Weexamined IBM’s Open Innovation strategy and SCO’s legal battleagainst this company, so that we can obtain practical implications onhow to analyze complex legal issues arising out of such disputes andobtain valuable lessons for entrepreneurs and legal experts working fortechnology driven IT enterprises. The litigation between SCO and IBM,which is still pending before the Utah federal court, challenges us todesign appropriate strategy options for innovation leaders that can potentially be involved in IP litigations which are becoming more andmore complicated in case software products would become keycomponents of the dispute. This paper tried to review and explainfactual background, procedural history, courts’ analyses on FOSS issues,litigation strategies, and IP portfolio management practices found in thecourse of this litigation.