Ashton-Tate saw the rise of xBase as an illegal threat to its proprietary technology. In 1988 they filed suit against Fox Software and Santa Cruz Operation (SCO) for copying dBase's "structure and sequence" in FoxBase+ (SCO marketed XENIX and UNIX versions of the Fox products). In December 1990, U.S. District judge Terry Hatter Jr. dismissed Ashton-Tate's lawsuit and invalidated Ashton-Tate's copyrights for not disclosing that dBase had been based, in part, on the public domain JPLDIS. In October 1991, while the case was still under appeal, Borland International acquired Ashton-Tate, and as one of the merger's provisions the U.S. Justice Department required Borland to end the lawsuit against Fox and allow other companies to use the dBase/xBase language without the threat of legal action.