Bonum Certa Men Certa

Latest SCO-Novell Drama in a Nutshell

Alcatraz



Summary: How SCO orchestrated attacks on Groklaw and other takes on the trial against Novell

WE generally cover the SCO case only when there is a major development. One new post that we found particularly curious is titled "Blake Stowell Email to Maureen O'Gara: 'I Need You to Send a Jab PJ's Way'" (SCO also paid O'Gara, who carries on lying about the case).



This shows how corruptible the press really is, but then again it's Sys-Con [1, 2, 3, 4, 5], which is far worse than Fox. Microsoft also used Maureen O'Gara to send a jab in the Linux Foundation's way (OSDL at the time). Microsoft didn't do this directly. In order to reduce the risk, it used its main PR agency (there are several), Waggener Edstrom. Anyway, here is what Groklaw writes:

So. Now I know. Now we all know.

Blake Stowell, then the PR guy for SCO, sent an email to Maureen O'Gara, saying "I need you to send a jab PJ's way," and then right afterwards she wrote that invasive so-called expose, in which she revealed, or at least intended to reveal, things like who I called on my phone. A la the HP scandal. She got fired for doing it the way she did, and the then-publisher apologized to me publicly, but she says in the deposition she's not sorry a bit.

We learn this by reading excerpts from her deposition, previously under seal, attached to a letter [PDF] SCO's attorney sent to the court. SCO doesn't want the part of her deposition video played where she talks about me and Groklaw. It's beyond eye-opening, however, despite her pretense, as I see it, that there is no connection between the two events.

They also don't want the part about an email she sent to SCO, subject line, "I want war pay," played. It's allegedly humor. Just chatter. But you know, she is on the list of people SCO owes money to, now that I think of it, filed in connection with the bankruptcy. I wonder for what?

It isn't acceptable, in my eyes, that SCO's attorneys invariably smear Groklaw in every filing that mentions it. They don't just say "Groklaw," they say "the anti-SCO website, Groklaw." One can say quite a lot in legal filings, and get away with it, but there is a line where it becomes libel, when it is gratuitous, and that language is gratuitous. There isn't a media outlet that I can think of, other than Maureen O'Gara's newsletters, that hasn't criticized what SCO did. The Wall Street Journal was the first, actually, to suspect there was something rotten in Lindon, if you recall. Would it be acceptable to call it, in legal papers, the anti-SCO newspaper, the Wall St. Journal? I think not, and I suggest they are crossing a line.


Microsoft evangelists (on the payroll) are doing this to Boycott Novell and anonymous Novell employees too. Thus, they would be hypocrites to paint themselves as victims of bad publicity.

Our reader The Mad Hatter writes some more about the SCO case, calling it "SCOicide".

Due to the interest in the case, Judge Kimbell told both parties to minimize redactions in the documents that they filed, and not to minimize the number of documents filed under seal. Because of this we learned that Caldera had hired people to investigate and prove the transfer of code, and that they reported that they COULD NOT FIND PROOF OF ANY TRANSFER. They filed their reports before the original lawsuit was launched. Darl, the CEO knew that he didn’t have any proof. None. But he went ahead with the lawsuit against IBM anyway.


Other coverage from the latest episode in this case includes:

1. Novell asks for further ruling on Motion in Limine No. 4

Novell has asked the Court to rule further on their Motion in Limine No. 4 [PDF; text]. The Court had previously issued a ruling [PDF] granting that Motion, but Novell now asks for further ruling, stating that "[t]he Court addressed this issue solely in the context of SCO’s covenant of good faith claim. However, Novell’s motion covered all of SCO’s claims, including slander of title. The Court’s prior ruling did not expressly address other claims, so Novell requests the Court to rule on the issue that was left open by its prior order."


2. Attorney: IBM-Novell worked together to hurt SCO

Novell Inc. lied about owning the copyrights for the Unix computer operating system then collaborated with IBM to damage Unix owner The SCO Group, the latter's attorney told a federal court jury Tuesday.

In the first day of testimony in a trial to settle a long-running legal dispute between SCO and Novell, SCO went on the attack by calling as its first witness the former CEO and chairman of Novell. Robert Frankenberg testified that despite Novell's claims of ownership, his intent was to sell the copyrights in a 1995 deal that's at the heart of the conflict.

The SCO Group claims that Novell "slandered" its title to the Unix system and caused it to lose as much as $215 million in revenue at a time when it was in a related dispute with IBM. SCO had accused IBM of improperly using Unix code for improvements that made the Linux operating system a commercial competitor.

SCO's 2003 lawsuit potentially put IBM on the hook for hundreds of millions of dollars. But then Novell late that year claimed that it, and not SCO, owned the copyrights, meaning SCO did not have a basis for its IBM lawsuit nor for demands that businesses using Linux pay licensing fees.


3. Novell, IBM accused of collaborating to hurt Unix owner, lawyer says

A trial in federal court that could have a major impact on the Linux operating system opened in Salt Lake City on Monday with The SCO Group’s lawyer taking aim at Novell and IBM.


4. Arguments begin in SCO v. Novell over copyrights

5. Day 2 of the SCO v. Novell Trial - Opening argument - Updated Repeatedly - 1st Witness, Frankenberg (more documents)

Would it surprise you to find out that it turns out that apparently one of the jurors might be related to one of SCO's prior corporate officers? At any rate they have the same last name, and Salt Lake City is a big place, so perhaps not. Novell noticed the similarity in names, according to our reporter today, MSS2, only after jury selection was over.

MSS2 has just sent me his first report of day 2 of the jury trial in SCO v. Novell, with more to come. Today was opening arguments by both sides. And we have lots more goodies for you from two eyewitnesses, MSS2 and Tilendor. We begin with SCO's opening argument by Stuart Singer. All I can say after reading it is maybe you needed to be there. Or SCO must be a slow learner or Mr. Singer never reads Groklaw, or ... well, see what you think.


6. Day 1 of the Jury Trial, SCO v. Novell - Updated 2Xs - We Have a Jury

7. Jury seated in SCO lawsuit against Novell

A jury has been seated to hear the lawsuit in which The SCO Group is claiming Novell interfered with its ownership of the Unix computer operating system and cost it more than $100 million in business.


8. Last-Minute Filings from Judge Stewart, SCO, Novell

9. More Back-and-Forth on Proposed Jury Instructions/Verdict Forms in SCO v. Novell

10. Day 2 of the SCO v. Novell Trial - Opening argument - Updated Repeatedly - 1st Witness, Frankenberg

11. Volunteer Needed for Thursday Trial Coverage

The Salt Lake Tribune then published this somewhat controversial article (also posted here), which led to this rebuttal from Groklaw.

And on it goes until Friday:

12. Day 4 of the Trial in SCO v. Novell - and Novell's Petition for Certiorari

13. Novell's Motion to Allow Evidence: SCO Opened the Door

14. Day 5 of the SCO v. Novell Trial & Some Help for Journalists Covering the Trial

Some readers of Boycott Novell have sufficient knowledge about the case and they comment about it in IRC. But for well researched commentary regarding SCO, we recommend that people read Groklaw, which could use more volunteers.

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, Baystar, key investor in SCO approached by Microsoft

Comments

Recent Techrights' Posts

Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
 
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025