Bonum Certa Men Certa

SCO Wants Copyrights It Does Not Own

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

Comments

Recent Techrights' Posts

In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
 
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025