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Novell Claims Ownership of UNIX System V

Novell has put out a press release this morning unequivocally claiming that they, and not SCO, own the patents and copyrights to UNIX System V. If true, this would torpedo SCO's claims over the last few months about intellectual property infringement in the Linux kernel, GNU/Linux distributions, etc. News.com has a story from last night, prior to this press release. SCO is releasing quarterly financial results today, including their notes about how much they've made from their licensing claims. You can join their conference call (mirror) if you like, and Bruce Perens weighs in below with a strongly-worded statement about SCO and Novell. Update: 05/28 14:22 GMT by M : SCO issued a response.

Bruce Perens writes:

"We knew that SCO's attack on Linux was a lie. But we never dreamed of the big lie behind it.

"This morning, Novell announced some of the terms of the company's 1995 agreement to sell its Unix business to SCO. The shocking news is that Novell did not sell the Unix intellectual property to SCO. Instead, they sold SCO a license to develop, sell, and sub-license Unix. The title to Unix copyrights and patents remains with Novell. To back up this assertion, Novell refers to public records at the Library of Congress Copyright Office and the U.S. Patent Office.

"In their announcement, Novell refers to recent letters from SCO asking Novell to assign the Unix copyrights to SCO. So, apparently SCO's management team knew that they did not own Unix while pursuing their sham campaign against Linux.

"Along with this revelation, Novell is reiterating its support of the Linux and Open Source developer community, and its status as a partner in that community. Novell rejects SCO's accusations of plagiarism. Novell management says they do not intend to stand in the way of the development of the Linux kernel, its companion GNU system, and other Free Software.

"It would be an understatement to say that this leaves SCO in a bad position. The company has loudly and repeatedly asserted that they were the owner of the Unix intellectual property, all of the way back to AT&T's original development of the system 30 years ago. They've lied to their stockholders, their customers and partners, the 1500 companies that they threatened, the press, and the public. Their untruthful campaign caused the loss of sales and jobs, and damaged Linux companies and developers in a myriad of ways. And now, SCO will be the lawsuit target. SCO's quarterly earnings conference call is this morning, at 9 AM MST (11 AM EST, 8 AM PST). Call 800-406-5356, toll-free, to participate. You might even get to ask a question. It should be fun to watch them try to weasel out of this one.

"Microsoft executives also have egg on their faces. The company self-servingly rushed to buy an SCO license one business day after the threat letter, bringing a senior attorney to the office on a Sunday to tell the press how much Microsoft values intellectual property. Microsoft's management could have taken the time to analyze SCO's claims, if the company had wanted this license for practical and technical reasons. Their decision to buy when they did must have been motivated by a desire to add to SCO's fear campaign. Of course they'll grab any opportunity to spread fear about Linux, but this time Microsoft bought a pig in a poke.

"SCO management, if they insist on standing in the way of a train, could still claim that software they developed in the years since 1995 is being infringed by the Open Source developers. That claim, always a dubious one, will be difficult to take seriously now that their prevarication throughout this campaign has come to light. SCO would be well advised to drop their suit against IBM in exchange for IBM's agreement not to counter-sue. But IBM might not feel that charitable toward SCO.

"In contrast to SCO, Novell's made a friend among the Free Software developers. We're always happy to see people using our software. But a real partnership between an IT vendor and our community is an equal partnership, with the company donating services and new software in exchange for the value it receives. Novell has already placed important software under Open Source licenses. Today, the company has done us a tremendous service, by stomping upon an obnoxious parasite."

61 of 1,179 comments (clear)

  1. Conference Call by stu_coates · · Score: 5, Funny

    Oh my god, you /.'ed the conference call.... You bastards! ;-)

    1. Re:Conference Call by bsharitt · · Score: 4, Funny

      Maybe their phone company is AT&T so we can start over again.

    2. Re:Conference Call by squiggleslash · · Score: 2, Funny

      They're streaming MP3 are they? I do hope they're up to date with their licence payments to Thompson/Fraunhoffer. ;-)

      --
      You are not alone. This is not normal. None of this is normal.
  2. real Unix owner by mschoolbus · · Score: 4, Funny

    Will the real Unix owner, please stand up, please stand up...

    1. Re:real Unix owner by gerf · · Score: 4, Funny

      Will the real Unix owner, please stand up, please stand up...

      or, "Who owns the code code to the Unix source? SCO does.

      who me?

      yes you.

      Couldn't be

      Then who?

      Novell owns the code to the Unix source

      who me?

      Yes you.

      continue...

      Ah, shit, why don't we just call it all open source and be happy.

    2. Re:real Unix owner by jpmahala · · Score: 2, Funny

      Ahem! I would like to announce that I am the real UNIX IP owner. (I can prove it. No, really...) And in the spirit of goodwill, I hereby declare that the code be given back to the people!

      Now I'll go back to my FreeBSD box (which is arguably more UNIX than Linux) and hasn't come under fire at all for this...

    3. Re:real Unix owner by Bob+McCown · · Score: 3, Funny

      I'm Sparticus!

    4. Re:real Unix owner by Anonymous Coward · · Score: 5, Funny

      May I have your attention please?
      May I have your attention please?
      Will the real UNIX Owner please stand up?
      I repeat, will the real UNIX Owner please stand up?
      We're gonna have a problem here..

      Y'all act like you never seen linux source code before
      Jaws all on the floor like Bruce, like Linus just burst in the door
      and started whoopin that SCO's ass worse than before
      they were first with the source, throwin it over IBM (Ahh!)
      It's the return of the... "Ah, wait, no way, you're kidding,
      he didn't just say what I think he did, did he?"
      And Novell Man said... nothing you idiots!
      Novell Man's dead, he's locked in my basement! (Ha-ha!)
      Kernel lovin men love Novell too
      SCO UNIX, I'm sick of it
      Look at them, walkin around suing users' you-know-what
      Flippin the you-know-who, "Yeah, but he's so cute though!"
      Yeah, SCO probably got a couple of screws up in the head loose
      But no worse, than what's goin on in their corporate boardrooms
      Sometimes, I wanna get on Slashdot and just let loose, but can't
      but it's cool for Cowboy Neal to spread his lie caboose
      "My source is on your lips, my source is on your lips"
      And if I'm lucky, you might just give it a little kiss
      And that's the message that we deliver to little kids
      And expect them not to know what an OS's source code is
      Of course they gonna know what linux sourse is
      By the time they hit fourth grade
      They got the Discovery Channel don't they?
      "We ain't nothing but hackers.." Well, some of us are slackers
      who cut other people open like smashed crackers But if we can hack a dead OS and take our source
      then there's no reason that a man and his penguin can't recourse
      But if you feel like I feel, I got the antidote
      Men here wave anti-SCO flags, sing the chorus and it goes

      I'm UNIX Owner, yes I'm the real Owner
      All you other UNIX Owners are just lying loaners
      So won't the real UNIX Owner please stand up,
      please stand up, please stand up?

    5. Re:real Unix owner by kenthorvath · · Score: 5, Funny

      Repeat after me Linux Is Not UniX. Damn Linus couldn't have named it any more perfectly if he had thought of lame recursive acronyms...

    6. Re:real Unix owner by thogard · · Score: 3, Funny

      Well... lets count who the players are:
      1) AT&T
      Easy right? No. There is Bell Labs and AT&T switching (whatever its called this week) who both maintain different versions. There is the terminal company that was spun off (TTY maybe?). Many compaines that came out of the bell breakup do have full rights to use and resell Unix [TM] even tough "main" control was sold off.
      2) AT&T and Sun sort of did some cross breeding and Sun did get full rights to that as well. So add Sun to the list.
      3) Cray computer company has a full license but they no longer exist but SGI and Sun own the remains. So add Sun to the list again.
      4) Sun bought the rights from SCO or Novel for like $80 million. Full unquestionalbe rights. Add them in again but there was a reason they wrote the check.
      5) SCO (who bought some rights from Novel or was it the other way around and aren't they related at some level anyway?)
      6) All early bell licenses have rights and most of them have different rights. Many schools have rights. OU for example has license rights that few other schools had but the rumor is they used their 1st Unix tape to spiff up a Christmas tree.
      7) UCB. They ended up in court. Ended up with rights and still pulled the old stuff out. They might have more rights though since Sys V was a blend between their stuff (through Sun again) and AT&T.
      8) M$ had some rights that they blew away because of some pesky judge being insightful to their business model. Just how much those rights were released could be left as an exercise for a new judge but the last ruling may have done away with the 1st ruling. Opps.
      9) Cowboy Neil might be in there somewhere too. I'm sure of it...

  3. And.... by mhore · · Score: 2, Funny
    the plot thickens!

    *duh duh duh!!!!* (ASCII MP3)

    --

    Mmmm......sacrelicious.

    1. Re:And.... by nolife · · Score: 2, Funny

      Yeah, just like that WinXP EULA I just negotiated. The pressed CD and I agreed that I could install it on as many workstations as I wanted and I could change the terms later at my choice. I backed it up with an email to support@microsoft.com (the only contact email contained in the EULA) with a clause that if they disgreed with the new terms, to respond in 15 business days. I never got a response. It is a contract and contracts are amendable and the new language I added is consistant with existing terms so nothing out of the ordinary was added.

      --
      Bad boys rape our young girls but Violet gives willingly.
  4. AT&T by budcub · · Score: 4, Funny

    How long before AT&T makes a statement of being the "real" owner of Unix?

  5. TV by DreadSpoon · · Score: 5, Funny

    This could make an excellent soap opera. All we need now is a love triangle in this SCO/Novell/Linux/UNIX/IBM mess!

  6. SCO by Apostata · · Score: 2, Funny

    In light of this news, I wonder if the "SC" in "SCO" will stand for "Shit's Creek".

    --

    This wasn't just plain terrible, this was fancy terrible. This was terrible with raisins in it. - Dorothy Parker
    1. Re:SCO by will_die · · Score: 4, Funny

      Santa Cruz but the two are the same.

  7. This is golden... by Lumpy · · Score: 3, Funny

    All I can say is.... this is getting really funny. it's like everyone is coming out of the woodwork with whatever sticks they have to beat the SCO beast into submission.

    what's next in this saga?

    --
    Do not look at laser with remaining good eye.
    1. Re:This is golden... by TheRaven64 · · Score: 4, Funny
      what's next in this saga?

      Novell discovers that they don't actually own the IP anymore. They sold it to MS a while back when they were short of cash.

      Next week we'll find out who MS sold it to.

      The week after, we'll find the relevant patents on eBay, and an intense bidding war going on between MS and IBM.

      --
      I am TheRaven on Soylent News
  8. W00t!!! by da'+WINS+pimp · · Score: 5, Funny

    This makes me proud to be a Novell admin! After all the years of abuse from *nix and even Windo$e admins I can stand proud behind a company that does the right thing. ;)

    Proud Novell Admin, pimpin' to keep Bill in business.

    --

    "I'm just here to regulate funkyness." - James Gandolfini, as Winston in The Mexican
  9. Unix by gmuslera · · Score: 5, Funny
    Multiuser, multitasking, and now, multiowner!

    At this point, I'm not sure if I want it to be owned by everybody or by nobody, but at least being "owned" by two is better than by (a bad) one.

    1. Re:Unix by Anonymous Coward · · Score: 1, Funny
      At this point, I'm not sure if I want it to be owned by everybody or by nobody,


      Just add the 'nobody' user to the 'everybody' group, then you can be owned by both!

  10. Does this mean? by AndroidCat · · Score: 1, Funny

    That Microsoft isn't going to give SCO money? tsk!

    --
    One line blog. I hear that they're called Twitters now.
  11. In Microsoft-ese by agentZ · · Score: 2, Funny

    You have performed an illegal operation and will be shut down.

  12. wow by EZmagz · · Score: 1, Funny
    Holy shit, I didn't see THAT coming!

    Anyone else suprised?

    --

    "Hell hath no fury like a woman scorned for SEGA. ..."

  13. next up: by Machine9 · · Score: 0, Funny
    -How Steve Jobs is the REAL owner of Windows.
    -Bill Gates claims to have the IP rights to the concept of desktop computing

    etc. etc.

    is there no end to the madness!!!??!

  14. Re:Finally by Anonymous Coward · · Score: 1, Funny
    Finally, SCO being put in its place. I just wonder why this took so long for Novell to bring up.

    They where one of the 1500 companies to get the nastygram from SCO, and they probably had partners/customers asking them about that letter as well. And the letter probably had to go thru the legal department a couple of times. And there was probably a cooling off period as well...

    Today is not a good day to be Darl McBride...

  15. I would have gotten away with it... by Anonymous Coward · · Score: 1, Funny

    ...If it weren't for these meddling kids!!!

    Scooby Dooby Doo!!!

  16. /. 's reactions: by A_Non_Moose · · Score: 1, Funny

    1) Oh, Shit....

    2) Fight! Fight! Fight!

    3) Microsoft's Lic. 6.0 vs Unix Sys V lic 0.6

    4) Are Tux and the BSD Daemon safe from the pillage of The Mouse who buys Congress???

    5) Iago from Aladdin: "WHY am I NOT Suprised!!"

    .

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  17. Re:Best Kirk Douglas gladiator type voice by tx_mgm · · Score: 3, Funny

    I am Spartic^H^H^H^H^H^H^H the UNIX System V IP owner!

    --
    Gentlemen...BEHOLD!
    -Dr. Weird
  18. does this remind anyone of wrestling? by Gizzmonic · · Score: 5, Funny

    You know, where the bad guy (SCO) comes out and talks trash about the good guy (IBM). Then when the good guy comes out to attack him, he gets jumped by another bad guy (Microsoft). And then just as they're about to pummel the hell out of IBM, Novell comes out of the crowd brandishing a folding chair...

    Next week they'll be a tag match to determine the UNIX championship...in the cage!

    --
    (-1, Raw and Uncut is the only way to read)
    1. Re:does this remind anyone of wrestling? by BgJonson79 · · Score: 2, Funny

      I think this is more like in a prison shower, where IBM and Linux were strong enough to hold their own against Microsoft and SCO. Now, though, Microsoft was transfered to a different prison, Novell shows up all horny, and SCO has dropped the soap.

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

  19. Idiot at SCO by lauterm · · Score: 2, Funny

    It was in this context that we recently received your "Letter to Linux Customers." Many Novell business partners and customers apparently received the same letter. Your letter compels a response from Novell.

    So who was the idiot at SCO that sent the "you're a bad Linux user" letter to Novell?

  20. hehe.... by notque · · Score: 5, Funny

    Then Novell and IBM are walking to the ring, accompanied by Bruce Pearns.

    IBM and SCO start out, with IBM teasing a test of strength, SCO begins, but gets scared and immediately tags in Microsoft.

    Microsoft and IBM go at it, with Microsoft gaining the upperhand. IBM is almost down and out, when a diving tag in to Novell.

    HOT TAG!

    Novell clears house, and the crowd is going wild, SCO gets back up, and they start double teaming both until

    CHAIRSHOT!

    Bruce Pearns jumps out from the side, and knocks Novell out!

    JIM ROSS: "OH MUH GOD! THEY'VE BEEN DOUBLE CROSSED!"

    --
    http://use.perl.org
  21. Dialed in right now by missing000 · · Score: 1, Funny

    This should be real run.

    I actualy have a crowd around my desk :)

  22. Re:and in the latest news by QuackQuack · · Score: 2, Funny

    ...And AT&T Asserts rights over Unix IP claim, claiming they never actually sold them to Novell

    --
    By reading this sig, you agree to the terms of my sig license.
  23. Re:Finally by notque · · Score: 2, Funny

    .....in the land.... of the free...

    (Rockets blazing... single tear out of the eye...) ...and in the home.... of the... geek....

    (Cheers!)

    It almost feels like we matter in the world... almost.

    --
    http://use.perl.org
  24. Re:New Number and Code! by Just+Some+Guy · · Score: 4, Funny

    Crap! I just told them I was Bruce Perens! Hang up quick!

    --
    Dewey, what part of this looks like authorities should be involved?
  25. Re:Conference Call - Don't do it by Anonymous Coward · · Score: 1, Funny

    Do you charge your customers extra for fire and rain?

  26. ownership by IAR80 · · Score: 2, Funny

    Unix claimed ownership of the Novel 5.0

    --
    http://ebgp.net/ccc/
  27. Behold the Power of Slashdot... by E1ven · · Score: 4, Funny

    From his Speech, on the Conferance Call-

    "Last year we had 7 callers for our earnings, this year we have over.. 240 callers on the line"

    Behold the Power of Slashdot.

    Slashdotting a Telephone.

    -Colin

    --
    Colin Davis
  28. Re:No, _I_ own Unix! by TheRaven64 · · Score: 3, Funny
    This just in:

    Novell reveals that after the SCO license deal, they actually sold the UNIX patents to MS to rais capital.

    Tomorrows news:

    MS admits that it thought any UNIX IP was worthless, and sold it to a .com startup, which has since gone bust. The UNX IP in question was then awarded to a now out-of-work janitor somewhere in the silicon valley at liquidation, in compensation for a lack of salary. A hunt for this individual is now in progress...

    --
    I am TheRaven on Soylent News
  29. Re:media by Anonymous Coward · · Score: 2, Funny

    >so I just gave the name of one of the media I've written for regularly.

    What happens when they figure out that CDR isn't a news agency? :)

  30. Re:Best Kirk Douglas gladiator type voice by chez69 · · Score: 2, Funny

    AD 2003 war was begining
    SCO CEO: what happen
    SCO lawyer: somebody set up us the bomb
    SCO lawyer: we get press release
    SCO CEO: main screen turn on
    SCO CEO: it's you!!!
    NOVEL: how are you gentlemen!
    NOVEL: all your unix IP are belong to us
    NOVEL: your lawsuit is on the path to dismissal
    SCO CEO: what you say!!!
    NOVEL: you have no chance to sue, make your time
    NOVEL: ha ha ha

    --
    PHP is the solution of choice for relaying mysql errors to web users.
  31. Re:Finally by The_K4 · · Score: 2, Funny

    And if they cashed out then the SEC gets to send them to prision.....maybe they can share a cell block with Martha!

  32. Re:New Number and Code! by nolife · · Score: 5, Funny

    I tried as Cowboy Neal and they said, "Nice try but Mr. Neal is already registered as one of the SCO reps and will be taking questions soon".

    --
    Bad boys rape our young girls but Violet gives willingly.
  33. Re:Stock Performance by Dasaan · · Score: 2, Funny

    Just remember stocks are like gravity...
    ...what goes up must come down! and the higher it goes up the harder it'll come down.

    --
    XP is basicly 98 with a lot more extra features to hunt down and disable. --Dram
  34. Oh fuck it... by be-fan · · Score: 2, Funny

    This UNIX IP character is damaged goods. Its apparently been around the block a few...dozen...times. Let's just give up and call it community property.

    Free love!

    --
    A deep unwavering belief is a sure sign you're missing something...
  35. Hell by Ravensign · · Score: 2, Funny

    Somewhere in Hell there's a little SCO/Rambus room, where the people that enforce the GIF patent are tortured eternally.

    --
    "Sig free in '03!"
  36. Conference call by Abalamahalamatandra · · Score: 2, Funny

    McBride flatly admitted that SCO knew they didn't have ownership of the copyrights or patents at the time they sent "the letter" out, which specifically mentioned that SCO was defending their "intellectual property"!

    I sure hope for the executive teams' sake that they haven't sold any stock since this thing started...

    Who am I kidding, I hope they have!

    "Here's your new cellmate - his name is Bubba."

    "Um... Hi, Bubba..."

    "Hello, bitch! Bend over and spread 'em!"

  37. Re:Novell's press release by notque · · Score: 2, Funny

    I think the SCO has a much better attempt at a lawsuit though. Instead of being undeniably wrong, now they are so confusing I think that maybe I infringed on their contract with intellectual property they may or may not have had intrest leverage, or lawsuit capability regarding the overall goals of which are indicitive...

    See!

    --
    http://use.perl.org
  38. Re:Partial "transcript" (not verbatim) by PhipleTroenix · · Score: 2, Funny

    What is happening Jun 14th re IBM/AIX? They will revoke the AIX licence. Details will follow.

    Can't use Linux. Can't use proprietary non-SCO Unix. Windows must be the only clean alternative. These ass-holes just shot the OTHER foot.

    --
    When VPNs are outlawed, only outlaws have VPNs.
  39. Re:Is Larry Ellison/Oracle the "Secret Licensee"?? by turgid · · Score: 2, Funny
    Is he?

    No, it's the aliens, silly! In return for the secret of their anti-gravity super-luminal space-warp drive, the got a UNIX license from SCO.

  40. And in related news . . . by harley_frog · · Score: 4, Funny

    SCO proves that black is white and get hit by a bus at the next zebra crossing.

    --
    It's all fun and games until someone loses the key to the handcuffs.
  41. Re:It's all in the timing Re:Finally by Picass0 · · Score: 2, Funny

    Yeah, they ran through the briars!!!
    And they ran through the brambles!!!
    And they ran through the bushes
    where a rabbit couldn't go!!!
    They ran so fast that the hounds
    couldn't catch 'em on
    down the Provo River
    to the home of SCO....

  42. Re:Staying Power by Daniel+Phillips · · Score: 2, Funny

    By the way, SCO is pronounced as one syllable, "sko", with a long "o". Hence SCO X is pronounced "sko-ex"...

    I pronounce it "SCOX", ryhmes with "cocks".

    --
    Have you got your LWN subscription yet?
  43. Re:Stock Performance by Anonymous Coward · · Score: 3, Funny

    SCO's stock: Down 4%
    Novell: Up 5%
    IBM: Up 0.36%
    Knowing SCO has their head so far up their ass they think they see daylight: Priceless.

  44. Re:Conference call highlights by El · · Score: 2, Funny
    The chance of SCO getting back into Linux is small.

    I'd say the chance of anybody buying Linux from SCO after this is practically zero out to 6 decimal places...

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  45. SCO's "Contact US" by bigbadunix · · Score: 3, Funny

    I think the evil bastards at SCO should change their number (linked from the contact us section on their pitiful excuse of a website) from
    1-888-GO-LINUX to 1-888-NO-LINUX.

    But, that's just me, and I'm dumb.

    --

    The older I get, the less I like everyone else.
  46. Re:Still by guacamolefoo · · Score: 2, Funny

    Except that it is being speculated that Novell may be behind it, although I am skeptical. After all, I voted for the "Mongolian Cluster Fuck" option.

    GF.

  47. Re:Conference Call - Don't do it by Suppafly · · Score: 2, Funny

    so, as soon as SCO announces what code it is, Novell coule just grant the linux community a free license to it.

  48. HOW DOES IT FEEL, DARL? by borgheron · · Score: 2, Funny

    To know that you have, singlehandedly:

    1) Misled your shareholders.
    2) Misled your customers.
    3) Made your company a laughingstock with your stupid assertions and accusations.

    Please enlighten us.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep