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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."

7 of 1,179 comments (clear)

  1. INCRDIBLE! by kkonrad · · Score: 0, Offtopic

    BWHAHAHAHA I hope all this is true... that would be real fun!

  2. What else can be said? by EMH_Mark3 · · Score: 0, Offtopic

    0wned >D

    --
    Burn the land and boil the sea, you can't take the sky from me
  3. Re:SCO replies by will_die · · Score: 0, Offtopic

    MOD PARENT UP.
    For a something as interesting, watch SCOX stock price, it is jumping up and down with all theses announcements.

  4. Here comes the split by mobileskimo · · Score: 0, Offtopic

    NOVL and SCO

    http://finance.yahoo.com/q?d=c&c=novl&k=c1&t=1d& s= scox&a=v&p=s&l=on&z=m&q=l

    --
    "Last one in is a rotten goblin!" - Kepp
  5. shredded. by twitter · · Score: 0, Offtopic
    "Cat out of the bag" refers to news escaping one's control, as it is wont to do.

    The wont is refered to by members of my family as, "giving you a facelift". It's also mean and stupid to put a cat in a bag to begin with, so you get what you deserve when it gets out. Seems about right here.

    Nice work with Novel.

    --

    Friends don't help friends install M$ junk.

  6. Expertese is proportional ... by Ungrounded+Lightning · · Score: 0, Offtopic

    the management team will never work again in corporate America

    If only that were true. Unfortunately, private enterprise does a poor job of recognizing a loser manager when it sees one. Even if you take your company into the toilet, you've got experience and a bunch of connections to get that next job.


    There is a saying among engineers - especially electrical engineers - to the effect that:

    "Expertese is directly proportional to value of equipment destroyed."

    The implication being that learning is an ongoing thing, and one of the most effective ways to learn what not to do because it smokes the expensive box is to smoke one.

    Perhaps there is a similar saying relating to CEOs who crash companies?

    (Interestingly, the saying appears to be largely false. Good engineers learn early to think ahead, and tend to stop smoking expensive boxes, or at least lower the occurrence rate of smoke generation events to near-nill - often before leaving junior high school. Meanwhile, flakes keep frying 'em as long as management lets them twiddle knobs and swap cables. Perhaps this ALSO applies to CEOs. B-) )

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  7. Sco is Dead! by Alan+Hicks · · Score: 0, Offtopic

    Sco is dying
    It is official. Netcraft has confirmed: Sco is dying

    One more crippling bombshell hit the already beleaguered Sco community when IDC confirmed that Sco's market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that Sco has lost more market share, this news serves to reinforce what we've known all along. Sco is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

    You don't need to be a Kreskin to predict Sco's future. The hand writing is on the wall: Sco faces a bleak future. In fact there won't be any future at all for Sco because Sco is dying. Things are looking very bad for Sco. As many of us are already aware, Sco continues to lose market share. Red ink flows like a river of blood.

    Sco Open Server is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time Sco Open Server developers only serves to underscore the point more clearly. There can no longer be any doubt: Sco is dying.

    Let's keep to the facts and look at the numbers.

    Sco leader Darl McBride states that there are 7000 users of Sco. How many users of Sco are there? Let's see. The number of Linux versus Unix posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 Sco users. Sco Open Server posts on Usenet are about half of the volume of Sco posts. Therefore there are about 700 users of Sco Open Server. A recent article put Sco Open Server at about 80 percent of the Sco market. Therefore there are (7000+1400+700)*4 = 36400 Sco users. This is consistent with the number of Sco Open Server Usenet posts.

    Due to the troubles of The Sco Group, abysmal sales and so on, Sco went out of business and was taken over by IBM who sell another troubled OS. Now Sco is also dead, its corpse turned over to yet another charnel house.

    All major surveys show that Sco has steadily declined in market share. Sco is very sick and its long term survival prospects are very dim. If Sco is to survive at all it will be among OS dilettante dabblers. Sco continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, Sco is dead.

    Fact: Sco is dying

    --
    Slackware, what else when it must be secure, stable, and easy?