The antitrust charge seems to suggest a conspiracy that's been ongoing since Project Monterey which – again – began 23 years ago in 1998 and culminated in IBM's 2018 acquisition of Red Hat. Xinuos further explained that the two companies agreed to divide the pie so that IBM would take the big enterprise players, leaving SMBs to Red Hat. "[S]tolen property in IBM's hand, IBM and Red Hat illegally agreed to divide the relevant market and use their growing market powers to victimize consumers, innovative competitors, and innovation itself," Xinuos told the court. "[A]fter IBM and Red Hat launched their conspiracy, IBM then acquired Red Hat to solidify and make permanent their scheme. ... IBM has been misleading its investors by falsely claiming all infringement claims against IBM regarding the copied code have been waived." The good news for Linux users is that so far all copyright infringement claims are being made solely against IBM's Unix operating systems.