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

Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
 
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026