01.09.07

Gemini version available ♊︎

Is Novell the New SCO?

Posted in Antitrust, Apple, Deals, Intellectual Monopoly, Microsoft, Novell, SCO, Servers, UNIX, Windows at 12:04 pm by Shane Coyle

In a posting on Groklaw regarding SCO v. Novell, Novell is demanding the lions’ share of the Microsoft and SUN license revenues, since it appears that SCO was selling something that didn’t belong to them. One notable statement in the filing is this statement by Novell:

For SCO, bankruptcy is inevitable; it characterizes its assets as merely those "remaining" and does not rebut Novell’s arguments that its bankruptcy is imminent.

The question has already been asked, but will Novell acquire SCO’s assets? Tom Yager believes so, in a posting where he theorizes that the Microvell cartel could be colluding against Apple (and everyone else, for that matter) in the x86 server market.

Microsoft bought its way out of Novell v Microsoft, I think, by pretty much ceding majority share of the x86 enterprise server market to Novell. The deal, which Microsoft announced as a partnership, is a real ankle-grabber: a) Microsoft will give 70,000 licenses of SuSE Linux Enterprise Server to Windows server customers, b) Microsoft will let Novell ride along on sales calls, c) Microsoft waives its right to sue Novell over intellectual property, and d) well, the D is not something that Microsoft is handing over. But it’s an awfully big D.

Novell is going to take back ownership of System V UNIX. It supposedly transferred this to SCO, but a Federal Judge found that the contracts had more holes than paper. Novell has leave to contest the agreements, and if SCO goes belly-up while the matter is in debate, Novell’s there to snatch up a very valuable property.

Novell’s management is almost entirely new appointees, with only Hovsepian and LaSala with more than 18 months tenure. Recent financial moves by the company seem to have a familiar feeling, is Novell the new SCO?

Update (Roy):

There are two new items that fit rather well into this discussion. In the first, Dana deal with Novell’s ‘inheritance’ of SCO’s issues.

If this is the end it seems to leave Novell in a curious position. In its deal with Microsoft, Novell appears to have granted Microsoft the power to claim that Microsoft holds the same kinds of rights to Linux that SCO claimed, and fourth quarter downloads indicate that many customers are taking those claims seriously.

You can now brace yourself for what could prove to be SCO’s ‘judgment day’.

In conjunction with the financial results press release, the company will also host a conference call that same day at 5:00 p.m. (Eastern Time) to discuss the Company’s results.

Update #2 (Roy): SCO Responds to Novell FUD

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

3 Comments

  1. Rich Wermske said,

    January 10, 2007 at 11:00 pm

    Gravatar

    Your data is in error and unfortunately it calls your thesis into question. I have been commenting on the Novell board’s activities recently at http://www.wermske.com

    Thomas G. Plaskett,
    Director since 2002, Non-Executive Chairman since June 2006, age 63, also a director of Alcon, Inc. and RadioShack Corporation

    Albert Aiello Jr.,
    Director since 2003, age 63, currently a Managing Director of Albert Aiello & Associates

    Fred Corrado,
    Director since 2002, age 66, also a director of two non-profit organizations, Covenant House and the New Jersey Performing Arts Center.

    Richard Crandall,
    Director since 2003, age 63, currently a Managing Director of Arbor Partners, also serves as the chairman of the Enterprise Software Roundtable, also a director of Diebold, Inc., and the Dreman/Claymore Dividend & Income Fund. Chairman of another organization?

    Ronald W. Hovsepian,
    Director since 2006, age 45, serves as President and Chief Executive Officer of Novell, Inc., also is non-executive Chairman of the Board of Directors of the Ann Taylor Corporation.

    Claudine B. Malone,
    Director since 2003, age 70, currently President and Chief Executive Officer of Financial and Management Consulting Inc., also serves on the boards of Hasbro, Inc., and Aviva Life Insurance Company, and Science Applications International Corp., and LaFarge North America.

    Richard L. Nolan,
    Director since 1998, age 66, currently an active professor for several universities, also a director of The Great Atlantic & Pacific Tea Company.

    John W. Poduska, Sr., Ph.D.,
    Director since 2001, age 69, also a director of Anadarko Petroleum Corporation and Safeguard Scientifics, Inc.

    James D. Robinson III,
    Director since 2001, age 71, currently General Partner of RRE Ventures and currently Chairman of RRE Investors, LLC, also is a director and the non-executive Chairman of Bristol-Myers Squibb Company, also serves as a director of The Coca-Cola Company and First Data Corporation, also a director of several private IT Companies held as investments in RRE Ventures.

    Kathy Brittain White,
    Director since 2003, age 57, currently President and Founder of Rural Sourcing, Inc., also serves as President of the Horizon Institute of Technology, also is a director of Mattel, Inc.

    Now, I will be the last person to defend this lack luster board and I have called for the ouster of several of its members. But I would hardly characterize the board as junior or comprised of “almost entirely new appointees.”

    The concept of a Boycott is simply absurd. This isn’t the middle school play yard. It’s business. The critical mass of decision makers necessary to create any material impact on Novell’s financial statements isn’t going to be swayed by passionate screams that the “sky is falling” from idealistic opensource misanthropes.

    I appreciate Tom Yager’s razor wit and the point he is making regarding System V Unix has to be digested as literature and not a legal reference. You are reading far too much into the letter of his words.

    Finally, the logic is non-existent. Novell’s behavior has not been properly established in any context that can be affiliated with SCO’s or Microsoft’s behavior. Despite all the desires to the contrary, Novell is not an innocent youth and this is certainly not their first time at the rodeo. Marketing FUD, by its very nature, is a strategy that lacks substance but sells well. To even imply that Novell is in the Minor Leagues plying *nix FUD with a backwater team like SCO is naive and obtuse. Why market FUD when the facts are so much more effective?

    Vista and Longhorn contain System V code. Follow the yellow brick road, Dorthy.

    Rich Wermske

  2. shane said,

    January 10, 2007 at 11:08 pm

    Gravatar

    My apology, its "management" that is listed on the google page, not the "board" that is an error. Thank you.

    Everything else, including Novell FUDding against *nix (albeit in a more sophisticated and profitable manner than SCO), and Boycotting a company in order to show its management and investors that its actions are unacceptable, I stand by.

  3. Rich Wermske said,

    January 10, 2007 at 11:21 pm

    Gravatar

    Well stated. I respect your conviction and position even as I disagree with it. Ultimately, I suppose we have common cause, yet choose to carry different weapons to the battlefield.

    Oo-Rah, Shane! :-) If nothing else, it will be an interesting drama. Be well.

DecorWhat Else is New


  1. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)



  2. This is What the Microsoft-Sponsored Media Has Been Hyping Up for Weeks (Ahead of Microsoft Layoffs)

    Reprinted with permission from Ryan



  3. [Meme] António Campinos Wants to Be F***ing President Until 2028

    António Campinos insists he will be EPO President for 10 years, i.e. even longer than Benoît Battistelli (despite having appalling approval rates from staff)



  4. European Patent Office Staff Losing Hope

    The EPO’s management with its shallow campaign of obfuscation (pretending to protect children or some other nonsense) is not fooling patent examiners, who have grown tired and whose representatives say “the administration shows no intention of involving the staff representation in the drafting of the consultant’s mandate” (like in Sirius ‘Open Source’ where technical staff is ignored completely for misguided proposals to pass in the dark)



  5. IRC Proceedings: Thursday, January 26, 2023

    IRC logs for Thursday, January 26, 2023



  6. Sirius Relegated/Demoted/Destined Itself to Technical Hell by Refusing to Listen to the Technical Staff (Which Wanted to Stay With Asterisk/Free Software)

    In my final year at Sirius ‘Open Source’ communication systems had already become chaotic; there were too many dysfunctional tools, a lack of instructions, a lack of coordination and the proposed ‘solution’ (this past October) was just more complexity and red tape



  7. Geminispace Approaching Another Growth Milestone (2,300 Active Capsules)

    The expansion of Geminispace is worth noting again because another milestone is approached, flirted with, or will be surpassed this coming weekend



  8. [Meme] Cannot Get a Phone to Work... in 2022

    Sirius ‘Open Source’ wasted hours of workers’ time just testing the phone after it had moved to a defective system of Google (proprietary); instead of a rollback (back to Asterisk) the company doubled down on the faulty system and the phones still didn’t work properly, resulting in missing calls and angst (the company just blamed the workers who all along rejected this new system)



  9. [Meme] Modern Phones

    Sirius ‘Open Source’ is mistaking “modern” for better; insecurity and a lack of tech savvy typically leads to that



  10. The ISO Delusion: Sirius Corporation Demonstrates a Lack of Understanding of Security and Privacy

    Sirius ‘Open Source’, emboldened by ISO ‘paperwork’ (certification), lost sight of what it truly takes to run a business securely, mistaking worthless gadgets for “advancement” while compelling staff to sign a new contract in a hurry (prior contract-signing scandals notwithstanding)



  11. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day



  12. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  13. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  14. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  15. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  16. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  17. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  18. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  19. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  20. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day



  21. IRC Proceedings: Tuesday, January 24, 2023

    IRC logs for Tuesday, January 24, 2023



  22. ISO Certification Hardly Tackles Any of the Real Issues

    The real-world threats faced by private companies or non-profit organisations aren't covered by the ISO certification mill; today we publish the last post on this topic before proceeding to some practical examples



  23. [Meme] Medical Data Sovereignty

    What happens when your medical records/data are accessible to a company based abroad after a mysterious NDA with the Gates Foundation? The International Organization for Standardization (ISO) does not mind.



  24. The ISO Delusion: Sirius Open Wash Ltd. and Medical Data/Projects at Risk/Peril

    Sirius ‘Open Source’ was good at gloating about “ISO” as in ISO certification (see our ISO wiki to understand what ISO truly is; ISO certification needs to be more widely condemned and exposed) while signing all sorts of dodgy deals and lying to clients (some, like the Gates Foundation, were never mentioned because of a mysterious NDA); security and privacy were systematically neglected and some qualified as criminal negligence (with fines/penalties likely an applicable liability if caught/reported)



  25. Links 24/01/2023: Wine 8.0 is Ready, FSF Bolsters Copyleft

    Links for the day



  26. Azure Has Layoffs Again, Microsoft Still Cutting

    Even supposed ‘growth’ areas at Microsoft are being culled (this growth is faked, it is a lie)



  27. Links 24/01/2023: Tails 5.9 and ArcoLinux v23.02

    Links for the day



  28. Links 24/01/2023: GStreamer 1.22 and Skrooge Gets New Site

    Links for the day



  29. IRC Proceedings: Monday, January 23, 2023

    IRC logs for Monday, January 23, 2023



  30. The Inside(r) Story of ISO 'Certification' Mills

    Based on my experiences inside Sirius ‘Open Source’ — as I was there for nearly 12 years — I finally tell what I’ve witnessed about ISO certification processes (see ISO wiki for prior experiences)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts