Feeds

SCO ordered to pay Novell $2.5m Unix royalties

Cheque, mate

Providing a secure and efficient Helpdesk

A US district court judge yesterday ordered SCO to pay Novell $2.5m for unjust enrichment, breach of fiduciary duty and conversion.

Judge Dale A Kimball’s ruling in the SCO vs Novell lawsuit came 10 weeks after a four-day trial to decide how much money SCO should cough up to Novell.

Groklaw, which has a copy of the ruling here (pdf), said: “So, SCO breached its fiduciary duty to Novell, converted funds, and so it has to pay. That is ironic, in that this case started with SCO accusing Novell of slander of title, and asking for millions in damages. Instead it has to *pay* Novell millions.”

SCO kicked off the legal spat in January 2004 by slapping a slander of title action lawsuit on Novell in which it alleged that the software company improperly claimed to own UNIX SVRX copyrights that rightfully belonged to SCO.

Kimball issued a decision on 10 August 2007 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 stemmed 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.

Kimball effectively turned the lawsuit inside out by ruling that Novell still owned the Unix operating system copyrights.

Yesterday the judge ordered SCO to pay Novell $2,547,817 for agreeing to unilaterally amend Sun's SVRX licence. Novell had sought $20m at trial.

"The court concludes that SCO was entitled to enter into the 2003 Microsoft Agreement and the other SCO source Licenses, but was not authorized to enter into the 2003 Sun Agreement based on its amendment of the provisions concerning Sun’s SVRX confidentiality requirements under the 1994 Agreement," said Kimball. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
iOS 8 release: WebGL now runs everywhere. Hurrah for 3D graphics!
HTML 5's pretty neat ... when your browser supports it
Mathematica hits the Web
Wolfram embraces the cloud, promies private cloud cut of its number-cruncher
Mozilla shutters Labs, tells nobody it's been dead for five months
Staffer's blog reveals all as projects languish on GitHub
'People have forgotten just how late the first iPhone arrived ...'
Plus: 'Google's IDEALISM is an injudicious justification for inappropriate biz practices'
SUSE Linux owner Attachmate gobbled by Micro Focus for $2.3bn
Merger will lead to mainframe and COBOL powerhouse
iOS 8 Healthkit gets a bug SO Apple KILLS it. That's real healthcare!
Not fit for purpose on day of launch, says Cupertino
Netscape plugins about to stop working in Chrome for Mac
Google kills off 32-bit Chrome, only on Mac
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.