Bonum Certa Men Certa

Do-No-Evil Saturday - Part III: SCO, Legacy, and Local Events

This is the last post in today's series [1, 2]. It looks at a variety of topics.



SCO



There has been less action from Utah in this past week, but Groklaw shared a few reports:

1. New Novell Deadline for Filing Brief on Interest, Judgment & Some 2003 SEC Filings About SCOsource

The parties stipulated to another extension on the deadline for Novell to file a brief describing what pre-judgment interest it wants from SCO on the amount ordered by the Utah District Court on July 16. The new deadline is August 29. Just a brief note in case you were wondering why there was no filing on the 22nd


2. For the Sake of History, a Novell 1994 10K: Unix source and UnixWare 2 separate products

Unix System V and UnixWare were not the same thing to Novell, nor was UnixWare just the latest version of Unix System V or the only way to get the source. That gives context to the wording of the Novell-Santa Cruz Asset Purchase Agreement the following year...


3. Novell and SCO Agree on Interest, Trust Amounts; Final Judgment Still in Dispute

Novell filed today, as per the deadline, two documents, one an unopposed filing regarding interest due Novell by SCO -- SCO has agreed to the sum of $918,122 in prejudgment interest and $489 per day until the final judgment is entered.


Legal



"FUD or not FUD?" was the question I asked Pamela when I sent a pointer the following piece from Local Tech Wire:

The Microsoft-Novell Problem

In a bold move, GPL 3 also implicitly addresses a recent deal between Microsoft and Novell by prohibiting certain patent indemnification arrangements found in licensing or patent agreements between parties. Microsoft agreed not to sue Novell’s customers for patent infringement for such customers’ use of certain Microsoft products, and vice versa. The Microsoft-Novell arrangement also provides payment from and to each other based upon how many of each party's customers agree to such no-sue provision.

Conclusion

The storms seen after several of the draft releases of GPL 3 did not reoccur when the final version was released. Only time will tell if companies will transition from GPL 2 to GPL 3 in a relatively uninterrupted manner. While GPL 3 takes steps to integrate open source software with proprietary software in the modern era, its targeting of certain practices and companies may end up alienating the very users it is trying to retain.



Groklaw wrote: "There is an article about GPLv3 and patents written by a lawyer at Ward and Smith. I thought I should point out that this is not the same firm whose partner, Johnny Ward, is suing PatentTrollTracker, Ward & Smith, the Texas firm (scroll down to keyword Cisco). The article is factual until the last sentence, "While GPL 3 takes steps to integrate open source software with proprietary software in the modern era, its targeting of certain practices and companies may end up alienating the very users it is trying to retain." I don't see anything in the article leading to that conclusion; it's not users that may be alienated, just patent aggressors maybe, but that is quite deliberate."

Finance



Larry Dignan was optimistic about Novell's results. We strongly disagree, but here is how he concludes.

Admittedly sell-side analysts can get a little bubbly, but it’s rare that praise is heaped on Novell. Given customers and partners are also headed Novell’s way it may be time to pay a little more attention to the company...


Maybe Microsoft gave the analyst some "bubbly" to prop up Novell. Analysts are just messing about with perception.

Having been pressured/brainwashed by Novell, Matt Asay seems to forget or neglect what Novell has done. His post was long and it included the following observation.

Unfortunately, Microsoft, but some signs suggest that Novell is increasingly standing on its own in the Linux market, rather than relying on Microsoft to peddle SUSE Linux (which it has no long-term incentive to do).


Another 'yes man' assumes that the PR charade echoes the sentiments in the industry:

Lots of open source fans booed when Novell jumped into bed with Microsoft. But perhaps sleeping with Microsoft really is good for Novell’s health. Anecdotal evidence is starting to suggest that CIOs (chief information officers) actually like seeing Novell and Microsoft arm in arm.


is this based on word of mouth? A study? A Novell press release? Either way, another optimist has shown up.

An increase in Linux software sales has helped Novell beat market expectations for the quarter and raise its year-end forecast.


Expectations and actual performance are totally different but not independent. Novell's losses widened, so looking ahead is just wishful thinking.

Netware



Gone are the days of 'de facto' Netware, but the following article pays attention to it.

It now has only one IT person who handles desktop support and special project work. masterIT utilizes EVault InfoStage and EVault InfoStage DualVault from Seagate (NYSE: STX), plus Agent plug-ins for Microsoft SQL Server, Novell Netware and Open Transaction Manager.


This legacy cash cow is also mentioned in an interesting article which delves into Novell's history.

Two years earlier, Microsoft paid Novell $536 million to settle a patent lawsuit relating to NetWare and at the same time Novell launched another lawsuit relating to alleged antitrust infringements by Microsoft's software stack on Novell's WordPerfect software. The U.S. Supreme Court was petitioned by Microsoft to quash the case back in January, and in March of this year the court refused to hear an appeal of the case. That means the antitrust case Novell has put together--which concerns grievances back in the 1990s when Novell briefly owned WordPerfect and tried to take on the Office stack before bailing out and selling the software off to Corel--is still proceeding. It is amazing that this latest round of Linux money from Microsoft did not include a settlement of the WordPerfect suit. Then again, if you do the math on the damages, Novell is probably trying to wrestle a few billion dollars out of Microsoft for what its aggressive tactics did to the WordPerfect empire in word processing.


Novell has won this award -- whatever its significance may be -- for network management.

WALTHAM, Mass., Aug. 27 /PRNewswire-FirstCall/ -- Novell today announced it has been named overall winner and Company of the Year in Systems and Network Management in the 2008 Annual Report Card (ARC) from Everything Channel's VARBusiness. The VARBusiness ARC awards, now in its 23rd year, recognize outstanding partner programs and superb vendor service in 18 major product categories. In addition to being awarded Company of the Year in Systems and Network Management, Novell took first place in the three Systems and Network Management sub-categories, product innovation, support and partnership, which determine performance and partner satisfaction.


In the following article covering storage certifications, the Certified NetWare Engineer certification gets a quick mention.

Storage suppliers need to make customers care about certification. I don't want to date myself here but I can remember when Novell rolled out this thing called a CNE (Certified NetWare Engineer) certification. It marketed the importance of that training to customers, who learned that it was important and started asking resellers for people with that training. I even paid extra to have the cool little logo on my card. The program then was ruined by the cram session courses, where resellers could take all the exams in a condensed class; when the quality of the training went down, customers stopped asking for it. That brings us to the situation we have today around certification.


There's also this new ZENworks whitepaper.

Virtualisation



Sys-con had this new session:

View PlateSpin/ Novell's Virtualization Conference & Expo Session Through A SYS-CON Webcast


Another good post from Joe Brockmeier attempts to explain why Novell does not earn the virtualisation recognition it deserves. It's a response to claims of artificial hype (grassroots or Astro-Turf) from Microsoft and VMWare.

Even though it might be nice to think that journalists (and bloggers, and dual-duty freelancers who wear both hats interchangeably...) are out there doing tons of research to bring the right information to IT readers -- guess what? Most writers are struggling to hit deadlines, make up for incessant staff cuts as publications trim budgets, and generally ride the tide of news in their various beats.


Identity/Security Management



There was this new press release from Novell, but it isn't particularly significant and it only refers to Microsoft's Partner Group [1, 2].

Novell today announced it has been positioned in the leaders quadrant of Gartner, Inc.'s, "Magic Quadrant for User Provisioning," by Earl Perkins and Perry Carpenter, August 15, 2008. The Novell(R) portfolio of identity and security management solutions -- which includes Novell Identity Manager, Novell Sentinel(R), Novell Access Manager(TM) and Novell SecureLogin -- helps customers reduce deployment and administration costs, simplify complex provisioning, manage user roles more securely and enforce compliance with industry regulations.


Teaming



That too is a press release.

With a focus on helping organizations improve workforce productivity, Novell today announced the availability of the Novell(R) Teaming Starter Pack program, which includes 20 free user licenses. Novell Teaming is a flexible collaboration solution designed to help groups successfully work together, regardless of location. Available as an easy, pre-installed download with a quick start guide and tutorial videos, the Starter Pack is a risk-free way for organizations to try next generation collaboration tools and experience more productive and creative teamwork to drive better business results.


Some more here.

Novell announced the availability of the Novell Teaming Starter Pack program which includes 20 free user licenses, to help organizations improve workforce productivity.


Mail



Novell's GroupWise got the shaft.

Chiquita, an international marketer, producer and distributor of fresh and value-added food products with annual revenue of $4.7 billion, consolidated its 4,000 e-mail accounts from Novell GroupWise and other platforms onto Azaleos OneStop services.

The full report is available at www.azaleos.com from an easy link off of the homepage.

Chiquita was using Novell GroupWise for its messaging and collaboration needs. As a result of the 2006 acquisition of Fresh Express, Chiquita inherited 1,500 users of Microsoft Exchange. The company decided to standardize all of its users on one messaging platform and consolidate its infrastructure around a Microsoft system.


Here is another example among many recent ones of iPhone playing with GroupWise.

CompanionLink Software, a leader in mobile synchronization solutions, releases iPhone software for GroupWise users. The software, called iClink, wirelessly synchronizes contacts, calendar events, and tasks between the iPhone and GroupWise.


Security



It's interesting to discover that Mitnick had stolen code from Novell. Maybe SCO can sue him if it still believes to be the owner of UNIX. [sarcasm /]

In the mid 1990s, Mitnick became the world's poster boy for the "hacker threat" when he was identified as the guy sneaking into and stealing code from networks including those belonging to Sun Microsystems, Motorola, Novell and Fujitsu.


People



A former Novell CTO finds himself in Conviva.

In conjunction with the Series B funding, Dr. Carl Ledbetter, managing director of UV Partners, has joined the Conviva board of directors. Prior to joining UV Partners, Ledbetter was senior vice president, engineering/research and development and chief technology officer at Novell, and was responsible for Novell's venture fund. Earlier in his career Dr. Ledbetter was president of AT&T's consumer products division and held senior positions at Sun Microsystems, IBM, and Control Data Corporation.


Certified Novell Engineer Mark Cenicola will present in this event.

Presenters: Mark Cenicola Before founding Cenicola-Helvin Enterprises in 1999, Mark worked as a Network Engineer (Certified Novell Engineer) for the City of North Las Vegas responsible for helping with the design, layout and maintenance of a new multi-million dollar computer network. Mark was a shareware computer software author with titles written for both the Macintosh and PC which have been featured in magazines and CD-ROMs across the globe in places like Japan, France, and the US.


One more presentation from Novell:

Presenters are subject-experts from companies including Embarq, KeyBank, Novell, TELUS and many more. CTC also provides attendees with first-hand knowledge of Callidus' ever-growing offering of SPM solutions.


Here is another quick take on the Utah Open Source Conference, which was mentioned about an hour ago.

Conference on open-source software to be held at SLCC The Utah Open Source Conference 2008 is set for Thursday to Saturday at the Salt Lake Community College Redwood Campus. XMission and the Utah Open Source Foundation are sponsoring the second annual event that draws devotees of open source software, which is offered free to the public.


Marketing



Novell (or more likely some of its fans) seems to have dropped more promotional videos onto YouTube. It's a couple of related ones





YouTube is becoming filled with promotional tosh. There is hopefully a way to stop this.

Recent Techrights' Posts

Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
 
How Techrights Search Works
Hopefully bots won't use it
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025