Summary: Analysis of the position Novell is in, including its stake in UNIX

One thing that Novell and SCO have in common is that both want the asset of UNIX because of its value. Both companies are heading into the ashtray and UNIX from Novell appears to have found a buyer in Microsoft.

In the SCO vs. Novell, there is no good side and bad side. Both sides are bad, but Groklaw for example took one side and keeps reporting on it [1, 2, 3, 4, 5] as if for Novell to win the case would be the end of the story. Novell has been fighting for UNIX because of its shareholders, not because of a community of GNU/Linux users. In a later post we are going to say more about the ownership of UNIX and what exactly is about to happen. What we do know, based on Microsoft Nick's post about the SEC filing, is that "Novell entered into a Patent Purchase Agreement (the “Patent Purchase Agreement”) with CPTN Holdings LLC, a Delaware limited liability company and consortium of technology companies organized by Microsoft Corporation (“CPTN”). The Patent Purchase Agreement provides that, upon the terms and subject to the conditions set forth in the Patent Purchase Agreement, Novell will sell to CPTN all of Novell’s right, title and interest in 882 patents (the “Assigned Patents”) for $450 million in cash (the “Patent Sale”)." It's likely that AttachMSFT [sic] will just put all the remaining assets up for sale and the funding source behind AttachMSFT is a subject we'll touch another day (clues below). ⬆

On Novell sale:

• Novell May be Going Private, Hedge Fund Has Cash
• Analyst Expects Microsoft Bid to Buy Novell
• Ron Hovsepian Receives Another Large Lump of Cash as Novell Sale Looms
• GNU/Linux-Savvy Writers View Elliot Associates as Bad Neighbourhood
• Firm Behind Novell Bid Has Shady Past, Could be Tied to Microsoft (Paul E. Singer's 'Vulture Fund')
• Simon Phipps: “Seems Even With Microsoft’s Support Novell Couldn’t Cut It”
• Vulture Fund Still the Only Bidder for Novell
• Paul Singer Still Goes After Novell
• With Novell up for Sale, Novell Products Become Too Risky to Buy
• Novell for Sale
• Reuters: “Novell Has Put Itself up for Sale”
• Novell Might be Sold This Month