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

03.13.10

Latest SCO-Novell Drama in a Nutshell

Posted in Courtroom, GNU/Linux, Microsoft, Novell, OSDL, SCO, UNIX at 7:38 am by Dr. Roy Schestowitz

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

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. your_friend said,

    March 13, 2010 at 11:15 am

    Gravatar

    The “Unix Copyrights” are basically a big joke. Bell tried to crush BSD with copyrights for the better part of a decade and failed, making ownership of the copyrights worthless. Novell bought them as a trophy more than anything else. SCO’s abuse of the same copyrights, which they don’t even own, for yet another decade is an even worse joke. If that were not bad enough, SCO published most of the same source code under the GPL before it was captured by people best described as liars and thieves compared to which IBM at its historic worst looked positively angelic.

    Dr. Roy Schestowitz Reply:

    Regardless of the SCO case, it’ll be interesting to see where “UNIX” ends up if Novell is sold in chunks.

What Else is New


  1. Links 3/5/2016: Mozilla Firefox 46.0.1, More Jolla Funding

    Links for the day



  2. New Paper About the UPC Explains Why It is Bad for Small- and Medium-sized European Businesses

    A detailed academic analysis of the Unitary (or Unified) Patent Court reveals/concludes/asserts that it is being marketed or promoted using a misleading premise and promise



  3. [ES] Gobiernos en Europa Todavía Activos en Contra de la Gerencia de la EPO

    Todavía hay trabajo político que está siendo hecho — aunque discretamente — contra Battistelli y sus chácales en la alta gerencia de la Oficina Europea de Patentes



  4. Links 3/5/2016: International Day Against DRM, 25th Anniversary of Linux (Kernel) Near

    Links for the day



  5. Interesting Supreme Court Cases About Patents in the United States

    A quick review of some of the latest developments regarding SCOTUS (the US Supreme Court) as far as patents go



  6. Governments in Europe Still Active Against EPO Management

    There is still political work being done -- albeit rather discreetly -- against Battistelli and his goons at the European Patent Office's top-level management



  7. The European Spam Office (EPO)

    EPO budget at 'work', days after doing copy-paste jobs and also working overtime in the weekend for an extravagant and needless/purposeless event (except for Battistelli's own pride)



  8. Not Just Benoît Battistelli and Willy Minnoye (EPO): Željko Topić Too Thinks He is Above the Law, Avoids the Judges and Courts

    The latest developments regarding some of the criminal complaints and civil lawsuits against Topić, who is now a Vice-President at the European Patent Office (EPO)



  9. Nefarious Forces for Patent Abuse and Software Patents in the United States, Australia, India, Korea, and Europe

    A roundup of news from the weekend and today, with emphasis on the elements inside the system (or the media) which push for regressive policies that benefit them financially at the expense of everybody else



  10. [ES] El Sistema de Patentes de los EE.UU: Donde Uno Desperdicia Años en Corte y Gasta $8,000,000 en Honorarios de Abogados Peleándo una Patente Falsa

    un sumario de noticias acerca de las patentes de software en los EE.UU. Y ha lo que han llevado, debido en gran manera al decline en calidad de las patentes por parte de la USPTO (dejando que otros se las arreglen limpiando el desórden)



  11. [ES] La Oficina Europea de Patentes Todavía Sigilósamente Abusiva, Pagará $15,000 en Compensasió a Trabajadora Tras un Tardío Fallo de la ILO

    La Organización Internacional del Trabajo (ILO) emite un fallo en un caso de abuso de la EPO y nota “la excesiva duración de los procedimienteos internos de apelación.”



  12. Links 2/5/2016: Linux 4.6 RC6, DragonBox Pyra

    Links for the day



  13. Links 1/5/2016: Wine 1.9.9, Devuan Jessie 1.0 Beta

    Links for the day



  14. The US Patent System: Where One Wastes Years in Court and Spends $8,000,000 in Lawyers' Fees Fighting a Bogus Patent

    A roundup of news about software patents in the US and what they have led to, owing in part to the USPTO's declining patent quality (leaving others to clean up its mess)



  15. The European Patent Office Still Silently Abusive, Will Pay $15,000 in Compensation to Female Worker After Belated ILO Judgment

    The International Labour Organisation (ILO) issues a judgment on a case of abuse by the EPO and notes "excessive length of the internal appeal proceedings."



  16. [ES] Alice Continúa Quebrando Patentes de Software Asi Que los Abogados de Patentes, Cabilderos de los Monopolistas, Etc. Ahora Atacan a la Corte Suprema por Hacer Esto

    los cabilderos Corpórativos y abogados de patentes están tratándo de poner a Alicia en la tumba, por su impacto en las patentes de software que es muy profundo y así hasta ahora casi indetenible



  17. [ES] ¿Cómo Salvar la Reputación de la EPO?: Crear Más Jurados de Apelaciónes en Europa y Abolir la Malgíada/Malintencionada Fantasía de la UPC

    Una crítica evaluación de lo que ocurre en la Oficina Europea de Patentes (EPO), la que rápidamente se está yendo para abajo (y degradando sobre todo) a el nivel de los sistemas Chinos, en conjuntamente con corrupción, los abusos, y la bajísima calidad de las patentes



  18. [ES] La Corte de Apelaciónes del Circuito Federal (CAFC) Acaba de Ponerse a Favor de los Trolles de Patentes

    la tristémente célebre CAFC, que manifestó las patentes de software en los EE.UU, acaba de dar un regalo a los trolles de patentes quienes típicamente usan las patentes de software para extorsión enc complicidad con los jueces del Este de Texas



  19. [ES] Análisis de los Últimos Datos de Lex Machina Acerca de la Litigación de Patentes Muestra Como está Declinándo

    el Professor Mark Lemley de Lex Machina resalta las tendencias en litigation al colectar y analizar datos relacionados con patente y concerniéntes a monopolios intelectuales en general; actualmente muestra una sequía de litigaciones (muestran que ha disminuído)



  20. [ES] La India Está Teniendo Otra Prueba de los Peligros de las Patentes Occidentales, Debe Aprender a Rechazar Completamente las Patentes de Software en Medio de Gran Presión

    El gigante de software que es la India continua enfrentándos ea la cruel y agresivo cabildeo de Occidente, haciéndo que este controle a la India por patentes que no deberían de existir en primer lugar



  21. [ES] Microsoft Dice que Continuará Extorsiónando a Compañías Que Distribuyan Linux, Usando Patentes de Software Usuallmente

    La guerra de Microsoft contra Linux, una guerra que es peleada usando patentes de software patents (por ganancias y/o por chantáje con arreglos empaquetados), todavía continúa a pesar de todas las tácticas de relaciónes públicas de Microsoft y sus sócios



  22. Alice Continues to Smash Software Patents So Patent Lawyers, Monopolists' Lobbyists Etc. Now Attack the Supreme Court for Doing This

    Corporate lobbyists and patent lawyers are trying to put Alice in the grave, for its impact on software patents is very profound and thus far almost unstoppable



  23. How to Salvage the EPO's Reputation: Create More Boards of Appeal in Europe and Abolish the Misguided UPC Fantasy

    A critical evaluation of what goes on at the European Patent Office (EPO), which is quickly descending down (and overall degrading) to the level of Chinese systems, along with the corruption, the abuses, and the low quality of patents



  24. Court of Appeals for the Federal Circuit (CAFC) Has Just Sided With Patent Trolls

    The notorious CAFC, which manifested software patents in the United States, has just given a gift to patent trolls that typically use software patents for extortion down in Texas



  25. Analyses of the Latest Data From Lex Machina About Patent Litigation Show Some Litigation Declines

    Professor Mark Lemley's Lex Machina highlights litigation trends by collecting and analysing data related to patents and pertaining to intellectual monopolies in general; now it shows litigation droughts



  26. India is Having Another Taste of the Dangers of Western Patents, Must Learn to Reject Software Patents in the Face of Great Pressure

    The growing software giant which is India continues to face cruel and aggressive lobbying from the West, enabling the West to control India by patents that should not exist in the first place



  27. Links 29/4/2016: GNOME 3.21.1, Fairphone

    Links for the day



  28. Microsoft Says It Will Continue to Extort Companies That Distribute Linux, Using Software Patents As Usual

    Microsoft's war on Linux, a war which is waged using software patents (for revenue and/or for coercion in bundling deals), is still going on in spite of all the PR tactics from Microsoft and its paid partners



  29. Australia Might be Next to Block Software Patents If Commission's Advice is Followed

    Australian advice against software patents, which can hopefully influence Australian politicians and put an end, once and for all, to all software patents in Australia



  30. [ES] ''Si la Forma de Pensar de la EPO fuese Seguida, Guantánamo Sería Posible en Suelo Alemán.”

    La EPO está todavía bajo fuego, pero mucho de ello pasa detrás de las cortinas y envuelve abogados y/o burócratas


CoPilotCo

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

CoPilotCo

Recent Posts