Feeds

SCO ordered to pay Novell $2.5m Unix royalties

Cheque, mate

Using blade systems to cut costs and sharpen efficiencies

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. ®

The smart choice: opportunity from uncertainty

More from The Register

next story
HIDDEN packet sniffer spy tech in MILLIONS of iPhones, iPads – expert
Don't panic though – Apple's backdoor is not wide open to all, guru tells us
Do YOU work at Microsoft? Um. Are you SURE about that?
Nokia and marketing types first to get the bullet, says report
Microsoft takes on Chromebook with low-cost Windows laptops
Redmond's chief salesman: We're taking 'hard' decisions
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
EU dons gloves, pokes Google's deals with Android mobe makers
El Reg cops a squint at investigatory letters
Chrome browser has been DRAINING PC batteries for YEARS
Google is only now fixing ancient, energy-sapping bug
Big Blue Apple: IBM to sell iPads, iPhones to enterprises
iOS/2 gear loaded with apps for big biz ... uh oh BlackBerry
prev story

Whitepapers

Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.