Bonum Certa Men Certa

Week of SCO/Novell in Court Culminates in Novell 'Pulling an SCO'

SCO



We do not typically cover any of the SCO trials, but for those who do, here are a few pointers and highlights from the past week.

Several articles heralded the beginning of this latest trial. These included:

1. Trial starts today in SCO lawsuit

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.


2. SCO Novell Trial Starts Today

Somehow I don't think so. SCO has managed to use the legal system to its advantage for years. Somehow it manages to appeal things, and somehow it keeps managing to find people to help bankroll its efforts.


3. Trial Starts Today in SCO Lawsuit over Unix Misuse

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.


More comments from the local press:

Kimball's ruling not only put SCO's claims against IBM in jeopardy but also left it with a potential bill from Novell for Unix fees for as much as $37 million. The trial that begins Tuesday is to determine how much, if anything, The SCO Group owes Novell.

But Lee Hollaar, a professor of computer science at the University of Utah who teaches classes on intellectual property law, said last week the trial is a shadow of what the original case promised to become.


As expected, Groklaw was right at the centre of things, predicting how things would develop.

How the Trial Will Go, Beginning Tomorrow (SCO v. Novell)



The trial in SCO v. Novell -- which has morphed into exclusively Novell's counterclaims against SCO -- begins tomorrow morning, and the parties have filed a Joint Pretrial Stipulation [PDF] and then an Amended one [PDF]. For purposes of this trial, Novell is the plaintiff and SCO the defendant, so Novell will be going first. Thanks to the Stipulation, we know how the trial is structured. Each side will limit itself to 10 hours. It's 10 hours sort of like football, though, so don't imagine it will all be over in, say, a long day or two days. A football team might have a minute left on the clock, but it takes a half hour to play it out. Similarly here, 10 hours each doesn't count things like conferences with the judge at the bench and things like that.


Here is the opening when Novell is said to have turned the table on SCO.

Kimball will open a 4-day bench trial Tuesday to determine whether Novell is entitled to the $37 million it claims [from SCO].


Further coverage from Groklaw included all the necessary court documents. You can find all the details over there, along with heaps of comments.

Here is the interpretation from the local press, which may or may not be biased.

Lawyers for The SCO Group Inc. told a federal judge Tuesday that anything it might owe to Novell Inc. for improperly licensing an older version of the Unix computer operating system to other companies is minimal.

But Novell attorneys told U.S. District Judge Dale Kimball that the pre-1995 version of Unix to which it still holds the copyright, under an earlier ruling by the judge, was a substantial part of what SCO licensed in agreements with Microsoft, Sun Microsystems and other companies.


Mighty Wayne, whom I correspond with sometimes, has joined Ars Technica and recently began covering the SCO case as well. He lives nearby. For an article with some humour and fairly clear bias, consider this.

Novell grilled McBride for the better part of 10 minutes about "filling a form 10-K or 10-Q with the SEC that contained a false statement." Novell's counsel reiterated that two separate 10-Q forms filed by SCO did not include Sun or Microsoft revenue generated by UnixWare licenses. McBride adamantly denied any wrong doing, saying that the licenses were for the trunk of SCO intellectual property consisting of multiple brands, not the UnixWare product branch. This was the most hostile point of the day, with the council asking him the same question in several different ways. After two hours on the stand, McBride stepped down.


Watch the tags and the caption on the image.

It was claimed yesterday that Groklaw is being flooded by participation which includes SCO employees. Someone told me this by E-mail and pointed at some evidence (he has read Groklaw for years). Here are some transcripts Groklaw got hold of, thanks to various people who are physically there.

Brian Proffitt has this nice piece which includes a succinct description of the situation for those who are new to it.

SCO: You stole our code! IBM: Did not! SCO: Did so! Novell: Hey, wait, who's code? SCO: Our code! Novell: Nuh-uh! Ours! SCO: No, it's our code! Ours! Ours! Ours! Grown-up Judge: It's Novell's. Novell: Hah! Pay up! SCO: We're broke. Novell, IBM, Red Hat, Rest of the World: What?!?!?


There are similar IRC-like sessions that put the SCO saga in context. Hilarious.

Now we come to the interesting parts.

Novell Corp. says SCO Group Inc. owes it nearly $20 million. SCO says it owes Novell virtually nothing.

Those two stances are the focus of a four-day trial that started Tuesday in federal court in Salt Lake City. The companies fighting over Lindon-based SCO's licensure of certain technologies in 2003 and 2004 and how much Novell should get from that licensing.


After many hasty speculations [1, 2, 3] Novell has insisted that it is not the next SCO [1], but the following last article raises a brow.

Novell may expand its claims



Company says Unix also found in Microsoft, Sun Microsystems products

Issues at a trial involving The SCO Group Inc. and Novell Inc. threatened Wednesday to spill out once again into the wider software industry, with a Novell attorney indicating it might make claims against Microsoft and Sun Microsystems over Unix code in their products.

Novell presented letters it sent last year to Microsoft and Sun in which Novell said it did not believe that licensing agreements between those companies and The SCO Group were valid. As a result, the letters said, the two companies could be "exposed" to claims by Novell.


Don't forget the many millions of dollars Microsoft is likely to pay Novell in the WordPerfect trial.

We shall soon find out how it all worked out.

Well, friends, the trial in Novell v. SCO is done. The judge will render a decision as soon as possible.


Whatever the outcome, SCO is irrelevant. Let's just ensure Novell does not become as effective as SCO when it comes to FUDding Free software.

Recent Techrights' Posts

Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025