Bonum Certa Men Certa

Week of SCO/Novell in Court Culminates in Novell 'Pulling an SCO'

SCO



We do not typically cover any of the SCO trials, but for those who do, here are a few pointers and highlights from the past week.

Several articles heralded the beginning of this latest trial. These included:

1. Trial starts today in SCO lawsuit

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.


2. SCO Novell Trial Starts Today

Somehow I don't think so. SCO has managed to use the legal system to its advantage for years. Somehow it manages to appeal things, and somehow it keeps managing to find people to help bankroll its efforts.


3. Trial Starts Today in SCO Lawsuit over Unix Misuse

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.


More comments from the local press:

Kimball's ruling not only put SCO's claims against IBM in jeopardy but also left it with a potential bill from Novell for Unix fees for as much as $37 million. The trial that begins Tuesday is to determine how much, if anything, The SCO Group owes Novell.

But Lee Hollaar, a professor of computer science at the University of Utah who teaches classes on intellectual property law, said last week the trial is a shadow of what the original case promised to become.


As expected, Groklaw was right at the centre of things, predicting how things would develop.

How the Trial Will Go, Beginning Tomorrow (SCO v. Novell)



The trial in SCO v. Novell -- which has morphed into exclusively Novell's counterclaims against SCO -- begins tomorrow morning, and the parties have filed a Joint Pretrial Stipulation [PDF] and then an Amended one [PDF]. For purposes of this trial, Novell is the plaintiff and SCO the defendant, so Novell will be going first. Thanks to the Stipulation, we know how the trial is structured. Each side will limit itself to 10 hours. It's 10 hours sort of like football, though, so don't imagine it will all be over in, say, a long day or two days. A football team might have a minute left on the clock, but it takes a half hour to play it out. Similarly here, 10 hours each doesn't count things like conferences with the judge at the bench and things like that.


Here is the opening when Novell is said to have turned the table on SCO.

Kimball will open a 4-day bench trial Tuesday to determine whether Novell is entitled to the $37 million it claims [from SCO].


Further coverage from Groklaw included all the necessary court documents. You can find all the details over there, along with heaps of comments.

Here is the interpretation from the local press, which may or may not be biased.

Lawyers for The SCO Group Inc. told a federal judge Tuesday that anything it might owe to Novell Inc. for improperly licensing an older version of the Unix computer operating system to other companies is minimal.

But Novell attorneys told U.S. District Judge Dale Kimball that the pre-1995 version of Unix to which it still holds the copyright, under an earlier ruling by the judge, was a substantial part of what SCO licensed in agreements with Microsoft, Sun Microsystems and other companies.


Mighty Wayne, whom I correspond with sometimes, has joined Ars Technica and recently began covering the SCO case as well. He lives nearby. For an article with some humour and fairly clear bias, consider this.

Novell grilled McBride for the better part of 10 minutes about "filling a form 10-K or 10-Q with the SEC that contained a false statement." Novell's counsel reiterated that two separate 10-Q forms filed by SCO did not include Sun or Microsoft revenue generated by UnixWare licenses. McBride adamantly denied any wrong doing, saying that the licenses were for the trunk of SCO intellectual property consisting of multiple brands, not the UnixWare product branch. This was the most hostile point of the day, with the council asking him the same question in several different ways. After two hours on the stand, McBride stepped down.


Watch the tags and the caption on the image.

It was claimed yesterday that Groklaw is being flooded by participation which includes SCO employees. Someone told me this by E-mail and pointed at some evidence (he has read Groklaw for years). Here are some transcripts Groklaw got hold of, thanks to various people who are physically there.

Brian Proffitt has this nice piece which includes a succinct description of the situation for those who are new to it.

SCO: You stole our code! IBM: Did not! SCO: Did so! Novell: Hey, wait, who's code? SCO: Our code! Novell: Nuh-uh! Ours! SCO: No, it's our code! Ours! Ours! Ours! Grown-up Judge: It's Novell's. Novell: Hah! Pay up! SCO: We're broke. Novell, IBM, Red Hat, Rest of the World: What?!?!?


There are similar IRC-like sessions that put the SCO saga in context. Hilarious.

Now we come to the interesting parts.

Novell Corp. says SCO Group Inc. owes it nearly $20 million. SCO says it owes Novell virtually nothing.

Those two stances are the focus of a four-day trial that started Tuesday in federal court in Salt Lake City. The companies fighting over Lindon-based SCO's licensure of certain technologies in 2003 and 2004 and how much Novell should get from that licensing.


After many hasty speculations [1, 2, 3] Novell has insisted that it is not the next SCO [1], but the following last article raises a brow.

Novell may expand its claims



Company says Unix also found in Microsoft, Sun Microsystems products

Issues at a trial involving The SCO Group Inc. and Novell Inc. threatened Wednesday to spill out once again into the wider software industry, with a Novell attorney indicating it might make claims against Microsoft and Sun Microsystems over Unix code in their products.

Novell presented letters it sent last year to Microsoft and Sun in which Novell said it did not believe that licensing agreements between those companies and The SCO Group were valid. As a result, the letters said, the two companies could be "exposed" to claims by Novell.


Don't forget the many millions of dollars Microsoft is likely to pay Novell in the WordPerfect trial.

We shall soon find out how it all worked out.

Well, friends, the trial in Novell v. SCO is done. The judge will render a decision as soon as possible.


Whatever the outcome, SCO is irrelevant. Let's just ensure Novell does not become as effective as SCO when it comes to FUDding Free software.

Recent Techrights' Posts

IBM: Hiring, Then Disposing of, Unpaid or Low-Paid European Staff to Spread or Play Up Buzzwords and Hype
Like Google With "Summer of Code", this seems like a low-cost marketing stunt more than anything substantial
The Europe Conversation: The EPO Has Cocaine at the High-Level Management and Isn't Denying It
Now we plan to ensure the matter is properly documented in European press
Corporate Media Helps IBM Relay Vapourware (Misinformation/Fake News)
They compensate with words for a lack of compelling products
Web Searches Far Too Polluted, Gamed by LLM Slop and "Plagiarised Information Synthesis Systems" (PISS)
old articles are already getting difficult to find in mainstream search engines, even if they are still online
"AI" is a Lie. It Always Was. What They Call "AI" Is Not.
This MSM does no favours to the economy
 
Many Times in the Past We Said That Microsoft Lunduke Was Becoming a Spokesperson/Voice for - and Occasionally Weaponising - 4Chan. He's Proving Us Right This Week.
Stay away
The Register MS is Profiting From Pyramid Schemes Run by Americans
We cannot help but feel disgusted by what this publisher became
Casual Reminder That We Also Publish GNU/Linux Stories and News Coverage in Tux Machines
Without trust in our robustness (including fearlessness, not just success in protecting stories and sources) we'd not have come this far, nor would I devote my life to it
Links 14/11/2025: Goddard Space Center Abused by the White House, Jeffrey Epstein Scandal Expands (Cheetos Need Distraction)
Links for the day
Hacking on Recipes
Maybe, in due course perhaps, we can also release some of our own cooking recipes or "forks"
Privacy-respecting Metasearch Engine SearX/SearXNG Still Jailed by Microsoft
The official site and code still sadly controlled by Microsoft
Our First Week of Our Twentieth Year
My wife and I have had a very productive week here and in Tux Machines
Links 14/11/2025: Sleep Research, France to Suspend Pension 'Reform' Law, and Linux Foundation's Latest Openwashing
Links for the day
Gemini Links 14/11/2025: KDE vs XFCE and Leaving the Web
Links for the day
Google Admits It Lost Control of Slop (While Google Itself is Selling Slop, Currently Under the Name "Gemini" Instead of "Bard")
Slop is nothing to be celebrated
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 13, 2025
IRC logs for Thursday, November 13, 2025
Mozilla Handed Over Control Over Firefox to Microsoft, Now Firefox is Preloaded With Microsoft Spyware and It's Proprietary
Who would still want to download Firefox?
Slopwatch: LinuxSecurity, Brian Fagioli, and WebProNews
becoming a slopfarm is a site's suicide
"Sponsored Posts" in The Register MS
That's The Register MS in 2025
IBM RAs in India (Apparently)
IBM is a bad place to work
Another Richard Stallman Talk in Two Days
His talk will be a remote talk, as he won't be travelling to Argentina
Links 13/11/2025: "Fight for Control Over In-Car Technology" and "Climate Crisis is a Health Crisis"
Links for the day
Gemini Links 13/11/2025: Disbelief in the Moon Landings and Doom That Came to Scrolling
Links for the day
A Month After "End of 10" analytics.usa.gov Says More People Use Vista 7 Than Use Vista 11
Does it get any more pathetic than this?
Links 13/11/2025: Ghost (E-mails) of Jeffrey Epstein Chases Cheeto, Uproar Over SLAPP Threats Against British Broadcasters
Links for the day
IBM Layoffs Seem to Have Reached Europe
Is it Europe's turn to fall on its sword?
A Lot of What's Left of the Online "Media" is Paid-for SPAM
How much of online media can people still trust?
Synopsys, Which Controls a Microsoft FUD Operation (Black Duck), to Lay Off Hundreds of Workers
Microsoft had plenty of layoffs this year, well over 30,000 in total, including at least two waves of layoffs last month
The EPO Has Spent Years Attacking European Media, Led by a Cocaine Addict (the EPO's Spokesperson)
The EPO silences critics
Prominent German Media Dares Not Mention Cocaine at the European Patent Office, Germany's "Cash Cow" (Seller of Monopolies for the Whole of Europe)
It seems like a case of the corrupt hiring the corrupt to bully those who speak about the corruption
Techrights Protects Against Collective Amnesia (Forgetting History the Rich and Powerful Want Us to Forget or be Misled About)
Keeping full access to our material with a good search facility is a priority for us
Mainstream Media Compliments Techrights on Its Work
Google isn't "the Web" and this site isn't "the Web" either
Microsoft-Sponsored FSFE is Exploiting the Success of Jean-Baptiste Kempf to Market Itself and Its GAFAM-Funded Messaging (While Pretending to be "FSF" Europe)
No doubt Jean-Baptiste Kempf accomplished a lot (not limited to VLC) in not so many years
A Week of Techrights Search
Tomorrow it'll be one week since we turned 19
LLMs Will Never Work, You Need to Type What You Know
Voice recognition is too imprecise to be practical or really save any time if you can type fast
Your Computers Are Work and Entertainment Tools, Not a Fashion Statement
If you're into fashion, find another job or keep cruft out of the workplace
The Federation? Almost 90% of Its Users Have Quit Participating.
If one counts offline (historic) instances, it's even worse than this
Under IBM, Red Hat Isn't a Linux Company, It's Sold to Clients as "AI Company"
IBM is sacrificing Red Hat for Wall Street (share price)
IBM Will Carry on or Carry Out Mass Layoffs Until Tomorrow, Based on Unverified Claim (Silent Layoffs Under Secrecy Clauses/Deals)
Red Hat (as a "company" with a Web site) will probably never announce layoffs again
It Looks Like Microsoft is Really Abandoning XBox (the Brand "XBox" Means Just an Online "Games Store" or Streaming)
Published last night
The Register MS Has Just Taken Money to Promote Microsoft Windows Under the Guise of "HEY HI" (AI)
Just 'consume' the ads disguised as "journalism" at The Register MS
Apple is Waning, Shows Data (Web Stats)
Is Apple doing as well as Apple-sponsored (paid to run Apple ads) claims?
IBM is a Buzzwords Vendor
Does anyone even pay attention to anything IBM promises these days?
It's Patently False That Apple Has Avoided Layoffs
be sceptical of people who say Apple hasn't got layoffs
IRC.com is Vendor-Locked (Freenode)
Web client
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 12, 2025
IRC logs for Wednesday, November 12, 2025
Slopwatch: Spam, Scams, and Plagiarised Information Synthesis Systems (LLMs)
The way things are going, LinuxSecurity might become entirely inactive
IBM "Trying to Memory Hole the RA With Positive News."
it's clear they have no real plan, just vapourware
Gemini Links 13/11/2025: Pictures From the Aurora and Cryptography of the Internet
Links for the day
Links 12/11/2025: Botulism Outbreak and Increased Russian Censorship
Links for the day
British Army Officer Said Ubuntu Needed to Abandon Sudo for Rust's Imitation of Sudo and You Can Guess What Happened Next...
The not-so-drop-in replacement
The Open Web Has Fallen, It's Just Chrome
We cannot envision any other rendering engine (or "base") making any measurable headway
Patients' Data Should Not be Outsourced to Any Party at All, Let's Redo the Storage Scheme
Far better than giving all our data to Microsoft and Palantir (US)
The EPO's Central Staff Committee Complains About the EPO's Management Faking "Production" (Monopolies) to Make More Money
The Central Staff Committee has a new communication
The Second-Largest Institution in Europe (EPO) is Playing With Fire and Now It Puts the Largest One (EU) at Risk
The EPO will have some more shake-ups
Ethical Consumer Could Use a Mention of "Ethical Software"
Maybe the Free Software Foundation (FSF) can get in touch with them
Links 12/11/2025: A US President (Insurrectionist) Attacking British Media, Hyundai's Digital Restrictions (DRM)
Links for the day
Gemini Links 12/11/2025: Trains in Switzerland, Software Survival, and More
Links for the day
The EPO's Own 'Drug Bust': Berenguer is Gone, But Who Else?
EPO latest news
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025