Bonum Certa Men Certa

Translation of Novell's Statement Regarding the SCO Case (Updated)



Summary: Novell's spin is dissected following the end of the copyright/UNIX case

The SCO case seems to be over [1, 2], but SCO's trustee (Cahn) says that there might be additional attempts made by SCO:

So it seems that after seven years, this charade by SCO is finally over. What will it tell the bankruptcy court now? Earlier this year, former U.S. District Judge Edward Cahn, the company's bankruptcy trustee, told the Salt Lake Tribune that the jury decision will not dissuade it from pursuing its lawsuit against IBM. Said Cahn: "The copyright claims are gone, but we have other claims based on contracts."


That's typical SCO, basing its entire existence on lawsuits. But let's look at Novell's official statement from Ian Bruce (PR Director) and interpret it:

"Yesterday, United States District Court Judge Ted Stewart issued a Final Judgment regarding the long standing dispute between SCO Group and Novell."

Novell's message: This entire case is about Novell and SCO. Forget about the other aspects of it.

"As part of the decision, the Court reaffirmed the earlier jury verdict that Novell maintained ownership of important UNIX copyrights

Subtle point: "important" as in valuable, i.e. worth a lot of money to Novell.

"which SCO had asserted to own in its attack on the Linux computer operating system."

Semantics: Linux is a kernel. It's a platform, not an operating system.

"The Court also issued a lengthy Findings of Fact and Conclusions of Law wherein it determined that SCO was not entitled to an order requiring Novell to transfer the UNIX copyrights because “Novell had purposely retained those copyrights.”

Pedant's point: Novell kept UNIX because it is an asset. Novell did not do this to protect Linux, which is had not even sold at the time.

"In addition, the Court concluded that SCO was obligated to recognize Novell’s waiver of SCO’s claims against IBM and other companies, many of whom utilize Linux."

Partial translation: a confrontation over UNIX may have ramifications that apply to other companies.

Commenting on the Judgment, Novell President and CEO Ron Hovsepian...

Note: Ron Hovsepian was working for IBM for many years, almost two decades in fact. He joined Novell in June 2003 (around the time the SCO case was launched).

"...stated “After almost a decade of litigation..."

Observation: Is he talking for Novell or for IBM? Novell got involved only later on. It wasn't there for quite some time.

"..., we are very pleased to see this final judgment uphold all of Novell’s claims. I am very proud of this achievement and the work Novell has done to ensure Linux remains free and open.”"

Spin alert: What Novell did here is insist on the ownership of UNIX, which is worth a lot of money. Novell spins this as "ensur[ing] Linux remains free and open," which is a side effect for the most part.

Update: In Groklaw, Pamela Jones replies to Cahn's quote by writing: "That's the beauty of the ruling, though. Novell has the right to waive."

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026