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

Karen Melchior Fought the Good Fight
stay tuned for Part 29
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
 
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day