Bonum Certa Men Certa

SCO's Debt to Novell and Sun's Debt to Novell?

Gates on SUSE



Steven continues his fascinating series of analyses which revolve around UNIX and its so-called "imaginary property" (IP). The latest of Novell/SCO was mentioned 3 times a week or so ago [1, 2, 3]. This is a catchup post.



Here is another explanation of why Novell -- and by association Microsoft -- becomes more of a threat to 'Open' Solaris.

Here's how it works: Novell owns Unix's IP (intellectual property). SCO sold Unix's IP to Sun. Sun then included some Unix IP into Solaris. Finally, Sun open sourced Solaris as OpenSolaris. Sounds like trouble, doesn't it?

While Sun's Chief Open Source Officer Simon Phipps described the line of logic above as "sheer speculation," others see a major potential legal problem for Sun. However, analysts, lawyers and open source leaders also agreed that it's unlikely Novell would ever choose to make trouble for Sun. Novell, however, has not commented on its intentions despite several attempts to get the Linux company's take on the issue.


Sun Microsystems is no great foe of GNU/Linux, but then again, as the now-promoted Simon Phipps put it, Novell's leadership does not keep up. His take was joined (or followed) by others at Sun [1, 2]. There's some friction between Novell and Sun, which gets along best with Canonical.

Elsewhere in the news, there was plenty of coverage of SCO's need for money that it has already spent. From ECT:

SCO will have to shell out more than $2 million to Novell for licensing Unix to Sun Microsystems, a Utah judge has ruled. The dispute in part hinged on whether Novell still owned pre-1995 copyrights to Unix, which it sold that year to SCO. The judge last year ruled that Novell in fact did own them.

[...]

A SCO company statement indicated the company will appeal Kimball's ruling from last year and said it continues to disagree with the premise of the May trial. At that proceeding, SCO contended the case should have gone to trial on its original claims that Novell was interfering with its ownership of Unix.

"We are pleased, however, that the court agreed that Novell is not entitled to anywhere near the more than $20 million dollars it was seeking," the SCO statement said.


Linux Journal had a go at it too.

The ruling, which comes nearly three months after the four-day bench trial concluded, was a mix of victories and defeats for each party, though Novell clearly came out ahead. The big victory was the court's determination that SCO lacked authority to enter into its agreement with Sun Microsystems, and as a result, owes Novell just over $2.5 million (plus interest).


UnixFor a sense of completeness (because you only live once to witness the end of SCO):



Here is one which is more of an Op-Ed:

The SCO Group got bad news in court last week. Not an unusual event for this company, but I wish the need for such events would finally go away for good.

I've now been writing about SCO for five years -- how time does fly when you have someone to despise. In my first column about SCO's decision go into the lawsuit business rather than having to do all the hard work of making a product that someone might want to buy, I thought that someone would just buy the slime off. I was wrong -- I guess there is some truth to the punch line of the old joke that "there are just some things a lawyer won't do." I guess IBM's lawyers could not stomach the idea of rewarding such repulsive behavior.


There was also a semi-formal statement from Novell:

Novell issues statement on licensing fee dispute with SCO -- Novell Inc. on Monday issued a statement about last week's federal ruling in which the SCO Group was ordered to make $2.6 million in restitution to the Waltham, Mass. software developer.

That restitution amount is significantly lower than the $19.9 million Novell sought for what it called "unjust enrichment" by SCO because it collected royalty payments on Unix licenses from Sun Microsystems and other Linux users of Unix software without Novell's approval and allegedly refused to account for them.

U.S. District Judge Dale Kimball, in a ruling issued last Wednesday, found SCO "breached its fiduciary duties" to Novell by failing to account for the revenues SCO received from Sun for rights to opensource its own version of Unix products called OpenSolaris. That Unix product is based on the SVRX code, which Kimball on Aug. 10 determined Novell to be the owner.

"We think this is great news for Novell and for the open source community. We're very pleased this ruling reaffirms and strengthens Novell's ownership of the UNIX SVRX copyrights and vindicates Novell's continuing efforts to protect the open source community from SCO's claims," Novell said in Monday's statement.

"This ruling underlines the court's earlier decision, issued in August 2007, which found that Novell, not SCO, owns the copyrights to UNIX SVRX code, and further undermines SCO's claims against Linux users," according to the statement. "We see a pattern in the legal judgments made in this case: Decision after decision makes it clearer and clearer that SCO's legal claims against Linux have no merit."


The statement is also available from here.

Amiga UNIX

Comments

Recent Techrights' Posts

Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
 
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)