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SCO Versus Novell Going All the Way
Robert writes "Computer Business Review reports that ownership of the Unix System V code copyrights is set to be decided in court after a US District Judge rejected Novell Inc's second request that SCO
Group Inc's slander of title case be dismissed." From the article: "Novell's second motion to dismiss SCO's slander of title claim was prompted by an apparently positive response from Judge Dale Kimball to its first request to throw out the case, although he rejected it having concluded that the arguments about the agreements at the heart of the case would be more properly heard on potential later motions for summary judgment or trial."
Like it said in the article, this means that rather than throw out the case based on the definition of malice, they will settle once and for all who owns the Unix copywrite and rights to licence its source code. I think this is a good thing, like when AT&T and Berkeley finally sorted out that BSD was entirely free of any of the AT&T code and could go on with life free of dumb lawsuits like this.
Actually, isn't anything possible in a
- fictional
future?Linux copyrights and patents are safe and companies like IBM, Redhat and Novell will protect them.
http://www.atnewyork.com/news/article.php/3110981 SCO also said they were coming after BSD.
You're just completely wrong.
Unix was created by AT&T (supposedly to run a space-war game).
Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
Judge Kimball followed up that Monday SCO v. Novell ruling with a SCO v. IBM ruling today. Here are text and pdf versions.
He granted SCO a four-hour deposition of Sam Palmisano, IBM's CEO and former VP of all things Linux. He denied SCO's motion to belatedly amend its complaint to include a claim for Project Monterey-related copyright infringement.
The order includes a new schedule. The old one had been tossed out in January.
The new schedule roughly matches IBM's proposal (as amended at the hearing; see pages 90-91 of the transcript where IBM says to add two months to everything in the proposal), but with another two months added for most pre-trial dates, pushing the end of discovery to July 10, 2006. He added another couple months for deciding dispositive motions before the trial, making for a trial date of February 26, 2007. He included the interim deadlines IBM wanted for parties to "Identify with Specificity All Allegedly Misused Material", setting December 22, 2005 as the final date for all source code at issue to be identified by version, file, and line of code.
Per Kimball's order back in February there will be no summary judgment motions before the end of discovery, and the new schedule calls for the last brief on post-discovery summary judgment motions not to be due until September 26, 2006, so I think November 2006 is the earliest we could see a summary judgment motion heard and decided.
You haven't been paying much attention to the SCO plan...
McBride said during a press briefing at the inaugural Enterprise IT Week at cdXpo Conference here. "We have enough sorted out, but we are so focused on the [IBM litigation]. With our limited energies and what our guys are going through, we probably won't file any suits against BSD until sometime in the first half of next year."
http://www.atnewyork.com/news/article.php/3110981
So your precious Mac and BSD aren't safe from these clowns either. But then you likely don't really care since your just a cowardly troll.
burnin
If you look at their product offerings they do have new releases of SCO OpenServer and SCO Unixware. Take a gander at some of their features:
Optional KDE desktop for modern look and feel
OpenSSH and OpenSSL
Includes Mozilla 1.7
Includes MySQL database (Community version)
Includes Postgresql database
CUPS has been added as an alternative to System V LP
Gimp-print 4.2.5, foomatic 3.0.0-01, and ghostscript 7.05.6
Now if your a BSD or linux user you may be thinking "hmm, those look familiar" and you would be correct.
It seems that many of the new features in SCOs software offerings are actually open source software from those same people the SCO CEO says are dope smoking, thieving, pinko communists.
burnin
Quick update: IBM wins most of the motions heard at the 21 May 2005 hearing in SCOvIBM. SCO's try to add more claims to the suit was denied, and IBM gets a deadline for the parties to disclose "allegedly infringing material." SCO does get to depose IBM CEO Sam Palmisano, but only for four hours. I'll post explicit dates from the new scheduling order once I've gotten a chance to read it.
Current events:
SCOvIBM: Judge Kimball has considered the motions discussed at the 21 May 2005 hearing, and has now ruled . He denies SCO's motion to amend their complaint, adopts the features of the scheduling order prefer by IBM, grants IBM's motion to narrow, but grants SCO's motion to depose IBM's CEO. Discovery continues. Redacted and unsealed motions are dribbling out. The parties seem to be still consulting with each other on the priviledge log issue. Finally, a fully briefed, completely sealed discovery motion awaits a ruling, though no hearing date is yet set.
SCOvNovell: Judge Kimball has denied Novell's motion to dismiss. The likely next step here is for Novell to file an answer to SCO's complaint.
RedHatvSCO: This case remains stayed. However, Judge Robinson indicated that if "it would no longer be an inefficient use of judicial resources" or "there is evidence that SCO has misrepresented the issues," Red Hat can refile their motion for reconsideration to lift the stay. The parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update was due approximately 30 June 2005.
SCOvAutoZone: Judge Jones stayed this case "pending further order of the court" and the parties are instructed to update the court every 90 days on the other related actions in which SCO is involved. The next update is due around 11 July 2005.
In summary: