Feeds

Novell owns Unix copyrights after all

Judge tells SCO to find its checkbook

HP ProLiant Gen8: Integrated lifecycle automation

The SCO Group today took a major shot to the groin, when a judge confirmed that Novell still owns the Unix operating system copyrights.

US District Judge Dale Kimball issued a decision that spent 100 pages working its way through the various claims and counterclaims presented by SCO and Novell over the years, concerning Unix ownership rights. Much of the controversy covered by Kimball stems from the vague language of a 1995 Asset Purchase Agreement between Novell and SCO. Subsequent discussions held between the two companies did little to clear up the confusion as to whether or not Novell shifted Unix copyrights to SCO during the technology swap.

Well, now, Kimball has solved the matter for the companies. "The court concludes that Novell is the owner of the Unix and UnixWare copyrights," he wrote.

This decision results in the dismissal of numerous claims against Novell and also affords Novell some attacks against SCO. For example, Novell can once again "direct SCO to waive its claims against IBM and Sequent, and SCO is obligated to recognize Novell's waiver of SCO's claims . . ."

In addition, the judge noted that SCO turned its only profit in company history as a result of agreements with Sun Microsystems and Microsoft. Since Novell is now confirmed as owner of the Unix copyrights that were involved in those deals - and the SCOsource program - Novell should receive compensation from SCO.

Groklaw was reserved in its take on the decision.

"That's Aaaaall, Folks!," the site wrote.

"That's the ball game. There are a couple of loose ends, but the big picture is, SCO lost. Oh, and it owes Novell a lot of money from the Microsoft and Sun licenses."

You can view SCO's historical share price for a summary of the highs and lows in its Unix/Linux battle against IBM and Novell. The good times were way back there in 2003 when SCO first filed suit, and many investors supposed the software maker had a case against a wealthy rival. Since then, SCO's shares and legal attacks have been diminished by a series of judgments.

SCO has yet to craft a statement in response to the ruling. ®

Reducing security risks from open source software

More from The Register

next story
Sysadmin Day 2014: Quick, there's still time to get the beers in
He walked over the broken glass, killed the thugs... and er... reconnected the cables*
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Auntie remains MYSTIFIED by that weekend BBC iPlayer and website outage
Still doing 'forensics' on the caching layer – Beeb digi wonk
SHOCK and AWS: The fall of Amazon's deflationary cloud
Just as Jeff Bezos did to books and CDs, Amazon's rivals are now doing to it
BlackBerry: Toss the server, mate... BES is in the CLOUD now
BlackBerry Enterprise Services takes aim at SMEs - but there's a catch
The triumph of VVOL: Everyone's jumping into bed with VMware
'Bandwagon'? Yes, we're on it and so what, say big dogs
Carbon tax repeal won't see data centre operators cut prices
Rackspace says electricity isn't a major cost, Equinix promises 'no levy'
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.