Shocking News! SCO Doesn't Own UNIX After All!
Date: Thursday, August 16 @ 05:36:04 PDT
Topic: News

Reviewing their options still

So this week, US District Judge Dale Kimball issued a ruling as a matter of law in the SCO Group vs. Novell, Inc slander of title suit. This lawsuit turns out to be the pivotal one in the galaxy of lawsuits The SCO Group filed against various targets in the deluded hope of frightening the world into avoiding Linux. This particular lawsuit came about when The SCO Group sued IBM back in 2003, claiming it owned the copyrights to Unix System V and IBM was infringing on its copyright by copying Unix code into Linux. As part of the string of events that occurred, SCOG executives attempted to bully Novell into giving it the copyrights which Novell hadn't sold to SCOG's distant predecessor, The Santa Clara Operation. Novell refused, citing their agreements, and also citing their agreements, they instructed SCOG to stop their nonsense with IBM. SCOG then sued Novell for slander of title, claiming that they owned the Unix SYSV copyrights all along.

Now, as a side show to the stupidest lawsuits ever, this slander of title lawsuit has established one very important fact. SCOG does not own the copyrights to Unix System V, they were indeed, as the agreement states, excluded from sale, and a deal is a deal, and SCOG has to keep to its side of the deal too. So some of the more nasty actions SCOG had taken, such as revoking IBM's irrevokable license to develop AIX, are now effectively undone. SCOG's shell game with Red Hat and Autozone will undoubtedly be lost, as they go to trial, assuming IBM doesn't eat SCOG for lunch at trial.

SCOG, like the Terminator 2, remains persistent, however.

"We continue to believe that when SCO paid more than $100 million dollars for the UNIX technology to Novell in 1995, we purchased everything. We believe that “All rights and ownership of UNIX and UnixWare, including but not limited to all versions of UNIX and UnixWare and all copies of UNIX and UnixWare (including revisions and updates in process), and all technical, design, development, installation, operation and maintenance information concerning Unix and UnixWare, including source code, source documentation, source listings…” means just what it says, but the court did not agree."

Yeah right. The court did not agree because it didn't selectively remove pieces of the agreement, it looked at it in total, and noted the "Items Excluded" portion that text belonged to.

Anyway, you can read plenty of spin on the story, any number of ways, depending on who you are rooting for. Expect all of the trials to proceed, and expect SCO to lose every single one of them. And don't worry about Linux, it looks like a keeper.

This article comes from LWD

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