EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.14.09

SCO Wants Copyrights It Does Not Own

Posted in Courtroom, GNU/Linux, Novell, SCO, UNIX at 8:30 am by Dr. Roy Schestowitz

Amiga UNIX

Summary: SCO refuses to die and here is its latest confrontation with Novell

Having decided to focus only on litigation, SCO has also awoken for a moment and it filed an appeal brief against Novell. Groklaw, as usual, has the details and the pertinent documentation.

SCO has filed its appeal brief [PDF], appealing the decision in SCO v. Novell. Novell has until April 9 to file its brief in response, plus any appeal issues it might itself wish to raise.

Evidently, the court found SCO’s first filing deficient, and so it told SCO [PDF] to correct the deficiencies, which it has done. One deficiency was that SCO failed to tell the appeals court why it felt oral argument was necessary. So, SCO now tells them, in essence, that the case is *complicated*.

Then, the copyright gig got resurrected, as Heise reported:

The SCO Group has filed an appeal against last years ruling that it did not buy the copyright to Unix from Novell. The company is hoping to overturn the judgement and resume its legal action against IBM and Linux. When SCO started to pursue IBM in court in 2003, Novell said that when it sold its Unix business to SCO in 1995 it retained copyright to the code and merely sold SCO a licence to use it. SCO then sued Novell over that claim.

This was also covered locally, in Utah (it’s also here).

The SCO Group of Lindon has filed an appeal reasserting its ownership of the copyright of Unix computer operating system software, a move officers believe will get it back on track to pursue claims against IBM in a case that has riled the open source software community.

[...]

The SCO Group also is moving to sell its computer software business as part of its reorganization in bankruptcy court in Delaware. The company filed for bankruptcy after Kimball’s 2008 ruling. After selling the software business to an outside party, SCO plans to continue to pursue its legal claims against IBM and others.

Regarding the above, wrote Groklaw:

Here’s SCO’s appeal brief [PDF] in SCO v. Novell as text. The Salt Lake Tribune has an article on the filing, of course.

I wanted to highlight something odd I stumbled across going through old documents, something I never noticed before, that relates to one of SCO’s allegations. In SCO’s appeal, you find this statement:

Within two hours of Novell’s public claim that it owns the UNIX copyrights, SCO’s stock plummeted, even though SCO had announced record revenues that day.

I’m not sure that is accurate. According to what I’ve found, as I’ll show you, Novell put out a press release early in the morning, apparently even before the market opened, and yet IDG reported that same day that the stock at mid-morning was trading *up* by 3.33%.

By the end of the day, the stock was down, for sure, but what made it happen? We can only guess. SCO also put out a prepared statement in the morning, almost immediately after Novell’s, and then at 11 AM, SCO held a conference call. If the stock went down by the end of the day, who is to say that it wasn’t the conference call that caused it? Or SCO’s prepared statement, for that matter? Or some combination of all of them? What is SCO’s basis for its claim that it was Novell’s statement that caused the stock to “plummet”? At any rate, piecing together all the evidence I have collected, I am unable to confirm that the stock plummeted within two hours of Novell’s statement, and I see indications that it didn’t happen that way. I will show you what I found so you can draw your own conclusions.

Glyn Moody doesn’t buy this copyright sob story of SCO because it’s all done and over.

Since then, SCO has seen its revenue fall, and blames the losses on competition from Linux. It sued Novell after Novell claimed it and SCO owned the Unix copyrights.

But in August of 2008, Kimball granted Novell’s request for summary judgment. After a trial, he also awarded Novell about $2.5 million, plus interest in licensing revenue.

What’s interesting is that unlike six years ago, nobody thinks that SCO stands a chance; even more tellingly, nobody is even *interested* any more. SCO is fighting a zombie case: it’s dead but somehow still moving.

One service that SCO has done to the open source world is demonstrate finally and irrevocably that there is no copyright infringement in Linux – because if there had been, SCO would certainly have found it by now.

Groklaw has a few more articles about SCO and it seems to have returned to a full-time posting pace (with the RSS feeds finally restored after months of being frozen).

Ultimately, SCO seems to be running away with that devilish tail between its legs. “What a surprise,” writes PJ, “SCO has withdrawn its Motion for an Order Establishing Sale and Bid Procedures, Approving Form of Asset Purchase Agreement, etc.” Still all about deception, eh?

SCO is very much over in many respects. Let us focus on future risks such as Novell, which Microsoft is fueling in exchange for uninvited trouble like Mono.

“[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would ‘backstop,’ or guarantee in some way, BayStar’s investment…. Microsoft assured me that it would in some way guarantee BayStar’s investment in SCO.”

Larry Goldfarb, Baystar, key investor in SCO

Licence plate from Utah

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. David Gerard said,

    March 14, 2009 at 6:09 pm

    Gravatar

    Linux vs SCO, the Gandhi in reverse:

    First they fight you
    Then they laugh at you
    Then they ignore you
    Then you lose

    (written by some brilliant Slashdot commenter several years ago)

  2. ZiggyFish said,

    March 15, 2009 at 1:18 am

    Gravatar

    David, Shouldn’t he quote be more like this (to be more correct)?:

    First you win
    Then they fight you
    Then they laugh at you
    Then they ignore you

What Else is New


  1. Links 5/12/2019: qBittorrent 4.2.0, Expensive Librem 5 and OpenBSD Bugs

    Links for the day



  2. Microsoft Staff Repeatedly Refuses to Tell How Many People Use WSL, Defends Patent Extortion and Blackmail of Linux Instead

    The people who develop WSL (mostly Microsoft employees) get easily irritated when asked how many people actually use this thing; but more interestingly, however, they reveal their disdain for GNU/Linux and support for Microsoft blackmail (for 'Linux patent tax')



  3. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



  4. Links 4/12/2019: Tails 4.1, UCS 4.4-3 and Proxmox VE 6.1

    Links for the day



  5. Google Tightens Its Noose

    Now it’s official! Google is just a bunch of shareholders looking to appease the Pentagon at all costs



  6. Europeans Still Need to Save the European Patent Office From Those Who Attack Its Patent Quality

    Patent quality is of utmost interest; without it, as we're seeing at the EPO and have already seen at the USPTO for a number of years, legal disputes will arise where neither side wins (only the lawyers win) and small, impoverished inventors or businesses will be forced to settle outside the courts over baseless allegations, often made by parasitic patent trolls (possessing low-quality patents they don't want scrutinised by courts)



  7. We Never Accepted and Will Never Accept Corporate Money

    Corporate money is a unique problem because of its magnitude and the fact that it's impersonal; shareholders can only ever accept its supposed justifications if they're receiving something in return (of proportional worth to the payment/transaction)



  8. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



  9. Links 3/12/2019: elementary OS 5.1 Hera, Plasma 5.17.4, Firefox 71

    Links for the day



  10. Laundering the Reputation of Criminals: That's an Actual Job

    An important reminder that the manufactured, paid-for (media is being bribed) image of Bill Gates is the product of the PR industry he enlisted to distract from his endless crimes



  11. 'Priceless' Tickets to the EPO's Back End and Team UPC

    CIPA's and the EPO's event (later this week) is more of the same; the EPO exists not to serve European businesses but a bunch of law firms and their biggest clients (which usually aren't even European)



  12. IRC Proceedings: Monday, December 02, 2019

    IRC logs for Monday, December 02, 2019



  13. New EPO Leak Shows That the Rumours and Jokes Are Partly True and We Know Who 'Runs the Show'

    Europe’s second-largest institution is so profoundly dysfunctional, a reprehensible kakistocracy of tribalism, money-grabbing career-climbing autocrats and possibly major fraud; today’s leak looks at what motivated and enabled the formation and latest incarnation of “Team Campinos”



  14. Links 2/12/2019: Linux Mint 19.3 Beta, DPL Sam Hartman Talks About SystemD

    Links for the day



  15. What Former Debian Project Leader (Second to the Late Ian Murdock) Thinks About SystemD in Debian GNU/Linux

    Now that Debian is debating and voting on diversity in the technical sense the thoughts of Bruce Perens merit broader audience/reach



  16. Free/Libre Software Will Eventually Become the Norm, 'Open Source' is Just Proprietary Software Trying to 'Buy Time'

    More people are starting to ask questions about Free software while “Open Source” languishes (people can see it’s just a mask for proprietary software); it was a two-decade delaying tactic that’s wearing off (people see GitHub and the OSI/Linux Foundation for what they really are)



  17. IRC Proceedings: Sunday, December 01, 2019

    IRC logs for Sunday, December 01, 2019



  18. Richard Stallman is Active and Doing Well

    The rumour mill may still be humming along; but against all odds — as Chief GNUisance of the GNU Project — Stallman keeps fighting the good fight (in the face of growing resistance)



  19. Banning Former Microsoft Employees Who Complain About Microsoft Lies, Abuses and Crimes

    The official account of Windows Insider is banning people whom it never even spoke to; this seems like a way of 'punishing' people who are not 'true believers' in Microsoft



  20. Wikileaks: Thierry Breton May Have Misused Regulatory/Government Positions to Attack His Competition (in the Market)

    Thierry 'revolving doors' Breton as seen by the United States government



  21. 13 Years of UPC Promises

    The anatomy of UPC 'fake news' or lobbying tactics along the lines of self-fulfilling prophecies and false predictions



  22. Is Water Wet?

    The criteria for patent eligibility reduced only to this question: will allowing these patents increase ‘production’ (number of patent grants)?



  23. The EPO's President Admits He's Illegally Granting Software Patents (CII, 4IR, IoT, AI and Blockchain Mean Software Patents at the EPO)

    The EPO's chief liar is openly and proudly promoting software patents using buzzwords and hype waves (and mysterious acronyms that are rather meaningless but spread by the media in exchange for money received from the EPO)



  24. Tone Policing and the Linux Foundation

    A timely example of situations where the Linux Foundation can seemingly 'cancel' people (using the Code of Conduct) for political opinions



  25. It EEEsn't Just a Microsoft Thing Anymore

    The EEErosion of Python's independence is a known problem and Microsoft is not the sole culprit



  26. Links 1/12/2019: KDE's GTK CSD Support, Skrooge 2.21.0

    Links for the day



  27. Links 1/12/2019: Genode OS 19.11 Release, Sam Hartman (DPL) Speaks Out on SystemD

    Links for the day



  28. Maximalists Cherry-Picking the So-Called 'Corbyn' 'Leak' for Their Patent Agenda While the US Lobbies Britain for Software Patents and Worse

    A quick look at what last week's media coverage may have missed and what patent maximalists don't want to tell us about confidential trade-related documents



  29. IRC Proceedings: Saturday, November 30, 2019

    IRC logs for Saturday, November 30, 2019



  30. Microsoft Loves Linux Because It Pays for It

    Microsoft cannot ‘buy’ Linux itself, so it has been buying (bribing) all the ‘right’ people while telling them (and then they tell us, too!) they “love Linux” (which they don’t even use!)


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