See Lawrence R. Goldfarb (Wikipedia)
IS the SCO saga "over"? That's what they told us half a decade ago, yet today's (and yesterday's) headlines [1-4] suggest this is definitely it, no matter what happens next. Novell was actually "over" a long time before SCO was truly "over" ("don't make me over," it perpetually insists and shouts at the judges, like Dianne Warwick while throwing her now-famous fit at Burt Bacharach and Hal David), unless one counts the "Novell" brand which was carried forward, or abandoned efforts/teams such as Mono/Ximian, which based on this news from Phoronix is already being used for E.E.E. (this time involving Vulkan), shortly after Microsoft tied the knot. Don't ever forget Microsoft's true colours. The company hates GNU/Linux with a great passion; it just tries to hide it while working to undermine GNU/Linux. ⬆
The case was opened in 2003, when SCO filed a $1B claim against IBM. The suit alleged that IBM had inserted some code from Unix, over which SCO claimed ownership, into the Linux kernel.
The long-running SCO vs. IBM case looks like it might just be over.
A new filing (PDF) scooped up by the good folks at Groklaw sees both SCO and IBM agree to sign off on two recent decisions in which SCO's arguments advancing its claims to own parts of Unix were slapped down by the US District Court.
As The Register reads the PDF we've linked to above, and our informal legal counsel concurs, the new document describes IBM and SCO both signing off on the recent court orders. Those orders left SCO without a legal argument to stand on.
The new filing also points out that SCO remains bankrupt and has “has de minimis financial resources beyond the value of the claims on which the Court has granted summary judgment for IBM.”
Or in plain English, SCO is broke and the only asset it possess of any value is its claims against IBM, and now it doesn't even have those because it just lost a court case about them. That leaves SCO in no position to carry on.
“Accordingly,” the new filing continues, “the disposition of SCO’s appeal is the practical course most likely to conserve both judicial and private resources.” That's the legal sense of “disposition”, by the way, so what the document's saying is that SCO giving up its appeal is most likely to stop the courts spending any more time or energy on this matter. Courts don't like wasting resources. So this is both parties explaining that wrapping things up now is a desirable thing.
Today in Linux news the Ubuntu ZFS controversy isn't quite settled after all. Fedora's Adam Williamson today blogged, " Lots of stuff is busted. We are aware of this, and fixing it. Hold onto your hats." Richard Freeman reminded folks the systemd disagreements aren't over either and Debian has finally stopped renaming Firefox to Iceweasel. Dedoimedo said today that Mepis derivative MX-15 is on the "highway to rad" and Christine Hall signed SCO's death warrant.
It appears as if SCO’s case against IBM, which began as a blustering tornado back in 2003, finally died with a whimper last week. The death notice came in the form of what is essentially a one page agreement between SCO and IBM which calls “for certification of the entry of final judgment on the Court’s orders concerning all of SCO’s claims….”