Bonum Certa Men Certa

SCO Wants Copyrights It Does Not Own

Amiga UNIX



Summary: SCO refuses to die and here is its latest confrontation with Novell

Having decided to focus only on litigation, SCO has also awoken for a moment and it filed an appeal brief against Novell. Groklaw, as usual, has the details and the pertinent documentation.

SCO has filed its appeal brief [PDF], appealing the decision in SCO v. Novell. Novell has until April 9 to file its brief in response, plus any appeal issues it might itself wish to raise.

Evidently, the court found SCO's first filing deficient, and so it told SCO [PDF] to correct the deficiencies, which it has done. One deficiency was that SCO failed to tell the appeals court why it felt oral argument was necessary. So, SCO now tells them, in essence, that the case is *complicated*.


Then, the copyright gig got resurrected, as Heise reported:

The SCO Group has filed an appeal against last years ruling that it did not buy the copyright to Unix from Novell. The company is hoping to overturn the judgement and resume its legal action against IBM and Linux. When SCO started to pursue IBM in court in 2003, Novell said that when it sold its Unix business to SCO in 1995 it retained copyright to the code and merely sold SCO a licence to use it. SCO then sued Novell over that claim.


This was also covered locally, in Utah (it's also here).

The SCO Group of Lindon has filed an appeal reasserting its ownership of the copyright of Unix computer operating system software, a move officers believe will get it back on track to pursue claims against IBM in a case that has riled the open source software community.

[...]

The SCO Group also is moving to sell its computer software business as part of its reorganization in bankruptcy court in Delaware. The company filed for bankruptcy after Kimball's 2008 ruling. After selling the software business to an outside party, SCO plans to continue to pursue its legal claims against IBM and others.


Regarding the above, wrote Groklaw:

Here's SCO's appeal brief [PDF] in SCO v. Novell as text. The Salt Lake Tribune has an article on the filing, of course.

I wanted to highlight something odd I stumbled across going through old documents, something I never noticed before, that relates to one of SCO's allegations. In SCO's appeal, you find this statement:

Within two hours of Novell's public claim that it owns the UNIX copyrights, SCO's stock plummeted, even though SCO had announced record revenues that day.

I'm not sure that is accurate. According to what I've found, as I'll show you, Novell put out a press release early in the morning, apparently even before the market opened, and yet IDG reported that same day that the stock at mid-morning was trading *up* by 3.33%.

By the end of the day, the stock was down, for sure, but what made it happen? We can only guess. SCO also put out a prepared statement in the morning, almost immediately after Novell's, and then at 11 AM, SCO held a conference call. If the stock went down by the end of the day, who is to say that it wasn't the conference call that caused it? Or SCO's prepared statement, for that matter? Or some combination of all of them? What is SCO's basis for its claim that it was Novell's statement that caused the stock to "plummet"? At any rate, piecing together all the evidence I have collected, I am unable to confirm that the stock plummeted within two hours of Novell's statement, and I see indications that it didn't happen that way. I will show you what I found so you can draw your own conclusions.


Glyn Moody doesn't buy this copyright sob story of SCO because it's all done and over.

Since then, SCO has seen its revenue fall, and blames the losses on competition from Linux. It sued Novell after Novell claimed it and SCO owned the Unix copyrights.

But in August of 2008, Kimball granted Novell's request for summary judgment. After a trial, he also awarded Novell about $2.5 million, plus interest in licensing revenue.

What's interesting is that unlike six years ago, nobody thinks that SCO stands a chance; even more tellingly, nobody is even *interested* any more. SCO is fighting a zombie case: it's dead but somehow still moving.

One service that SCO has done to the open source world is demonstrate finally and irrevocably that there is no copyright infringement in Linux – because if there had been, SCO would certainly have found it by now.


Groklaw has a few more articles about SCO and it seems to have returned to a full-time posting pace (with the RSS feeds finally restored after months of being frozen).

Ultimately, SCO seems to be running away with that devilish tail between its legs. "What a surprise," writes PJ, "SCO has withdrawn its Motion for an Order Establishing Sale and Bid Procedures, Approving Form of Asset Purchase Agreement, etc." Still all about deception, eh?

SCO is very much over in many respects. Let us focus on future risks such as Novell, which Microsoft is fueling in exchange for uninvited trouble like Mono.

"[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

--Larry Goldfarb, Baystar, key investor in SCO



Licence plate from Utah

Comments

Recent Techrights' Posts

Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead
Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
 
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Slopwatch: Google News Full of Slop
Google News has serious problems
Gemini Links 16/11/2025: The Cure for Slop, Rapsberry Pi Zero 2 W, and POSIX from Ada
Links for the day
NHS Data Breach Caused by Proprietary Software, as Usual, The Register MS Blames "Hackers" and "Cybercriminal Gang"
Nothing will get solved unless we have a rethink and media quits using the "hacker" narrative, which shifts blame from the holes to those who merely exploit them
IBM is Vanishing (First Moving, Then Going Away Completely)
Salary reduction is only the first step
Links 16/11/2025: Japan-China Tensions Grow, Surveillance Giant Google Checked for Breach of the Digital Markets Act (DMA)
Links for the day
Links 16/11/2025: Censorship Battles and Margaret Sullivan Speaks
Links for the day
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day
Flagging or Labelling LLM Slop Meaningfully to Discourage the Practice
We're still refining the annotation for better contrast
LLM Slop is an Addiction One Can Quit
Sites that crossed over to "the dark side" (slop) can still return, and even fully regain the trust lost by betraying people with 'botspew'.
BILD is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office, as It's Based on Germany
Journalist contact details
Techrights Site Search Pushed to 'Stable'
we've just added it to the navigation menu and footer
Situation Publishing's DevClass (Sister Site of The Register MS, Run by MS Tim) Has Been Abandoned, Microsoft's MS Tim Now Interjects Anti-Linux Directly Into The Register MS
Not only does this sell Microsoft; it's also googlebombing - as before - the real "maui" (or "MauiKit" in Linux).
Many IBM Workers to Become Unemployed a Few Weeks - Maybe Just Days - Before Christmas
as one last humiliating exercise IBM pimps/trots them out in social control media, telling "happy" stories
Slopwatch: LinuxSecurity, WebProNews, and Linux Journal (Slopfarms)
More fake articles about "Linux"
Links 15/11/2025: Openwashing of Kubernetes and Austerity Planned for Canada
Links for the day
Links 15/11/2025: "Small Web, Big Voice" and China Cracking Down on Slop
Links for the day
Links 15/11/2025: Science, Conflicts, and International Politics
Links for the day
Annus Horribilis at the European Patent Office (EPO)
The article explains how the EPO "Cocainegate" scandal is turning 2025 into an Annus Horribilis for Campinos
Links 15/11/2025: Latest in "Component Abuse Challenge" and Qt Keeps Promoting LLM Slop
Links for the day
Gemini Links 15/11/2025: Egoism, Misunderstood Universe, DeX, and "Why desktop Linux is growing"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 14, 2025
IRC logs for Friday, November 14, 2025
Richard Stallman Talk Tomorrow in Ethereum Cypherpunk Congress 2
It's not clear if a livestream of some kind will exist
Many "Last Days" at IBM on Allegedly the "Last Day" for IBM to RA People This Quarter
"Last day" is "social media code" for "got laid off", more so at IBM because they compel people to act like it's a happy departure with gratitude, photos and so on