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Novell Asks Court to Separate SCOsource Money

Posted by timothy on from the now-that-would-be-interesting dept.

clusterix writes "Groklaw has posted Novell's answer to SCO's slander of title complaint. In it, Novell produces many counter claims. The most eye-catching is the claim for the revenue from the SCOsource licenses bought by Microsoft and Sun and others. Novell states that they must be SVRX licenses which entitles them to 95% of revenue in royalties. They further request a trust to be constructed to hold the revenue until the case is decided. It is hard to see how the judge could deny such a request to protect the money which will likely bankrupt SCO."

12 of 203 comments (clear)

  1. "UNIX" title? by Manip · · Score: 2, Interesting

    This is somewhat off topic; but does anyone know what the legal position over the brand/name "UNIX" will be? If SCO owns it and dies off will it become public domain? And can people legally say that Linux is a form of UNIX?

    1. Re:"UNIX" title? by darkonc · · Score: 3, Interesting
      If SCO owns it and dies off will it become public domain? And can people legally say that Linux is a form of UNIX?

      SCO doesn't own the the Unix Trademark. That's owned by The Open Group... if they did, and became bankrupt, the trademark wouldn't just disolve. It would become part of the property divied up and/or sold to pay off debtors.

      As far as can be told, Novell owns the copyrights on SYSV, and licensed SCO to develop new versions, and administer the licenses. This is why they're claiming that SCO owes them 95% of the money that they got from SUN and M$. This also why they say they have the right to tell SCO to lay off of IBM (it's in the contract).

      Saying that Linux is a form of Unix is like saying that the tap water in my glass is a form of Evian (or Perrier). The two may be chemically identical, but you're actually dealing with a Trademark issue, not physical reality. It would be more (legally -- but IANAL) appropriate to say that Linuxx is essentially the same as, equivalent to, or even like, but my guess is that saying that it's a form of is getting close enough to an equality statement to get an IP lawyer's pen finger itchy.

      Most places I look say that it's a Uniz-like, or even a Uniz-family operating system. Note that all of the acceptable statements are similies and comparatives, not equality class statements.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  2. If Novell has even the.. by mwaggs_jd · · Score: 4, Interesting

    smallest leg to stand on with these allegations SCO is toast. If the court freezes SCO's assets, up to at least 95% of the contracts with WS and Sun, there will be no money left to pay SCO's lawyers. BTW from another article, NOvell my have the right to dismiss SCO's suits agaist IBM and others, since they actually own the rights to the System V code.

    --
    No one here gets out alive
  3. The humorous part by mcc · · Score: 2, Interesting

    Early on in the case, this would have been a huge big revelation; a sort of a... "Wait, you mean SCO is basing their entire future around denouncing UNIX license fees not being paid by people who aren't even using UNIX... yet SCO allegedly isn't paying the license fees for their real UNIX?"
     
    ...but now now we've gotten to the point where literally no amount of lying, theft or abuse on the part of SCO can surprise us, this little tidbit will slide right past the media as nothing but a footnote and a handful of slashdot comments.

    --
    Irritable, left-wing and possibly humorous bumper stickers and t-shirts
  4. Show your support. by btarval · · Score: 4, Interesting
    Here are some of Pamela's words which are worth repeating:

    "And now we know Novell is a hero in this saga, and I am going out to buy the latest SUSE Linux this exact minute, even though I already have it. I hope you do too, even if you don't need it."

    While I have my own other favorite distro, I think her example is a good one; and I for one intend on purchasing a copy as well.

    --
    The best way to predict the future is to create it. - Peter Drucker.
  5. Mod Parent Up by MooseByte · · Score: 5, Interesting


    This is truly the meat in the Novell case. They must know that NewSCO itself is small potatoes. Novell also mentions they rejected NewSCO's invitation to join in the SCOSource initiative because it sounded like a scheme.

    I think Novell is now hoping discovery will reveal evidence that NewSCO approached Sun and MS with the same scheme offer prior to launching their war against Linux.

    If Novell can show Sun or MS acting with some fraudulent intent (shakedown, FUD to keep Linux down, etc.) then just imagine how big the pot of gold at the end of that litigation rainbow would be.

    In the end Novell may be the one laughing all the way to the bank as a result of the NewSCO fiasco.

  6. SCO late for Audit: 730 days and counting by Arthurski · · Score: 3, Interesting

    Novell asked for an Audit of SCO's SVRX licences in July 2003.
    After asking for an initial 3-weeks delay, SCO still hasn't answered.

    This is the very same SCO that was badgering Daimler-Chrysler for taking 30 days to answer an Audit they had not even received ???

    Un-effing-believable!

  7. Re:Sun and MS in Fraud? by alienw · · Score: 2, Interesting

    Actually, Utah consistently ranks above the national average for suicides. In the 1990's, for instance, suicide was the #1 cause of death for males 24-40 and the #2 cause of death for males 15-24.

    You are lying with statistics. The leading causes of death for people under 40 or so will always be suicide, homicide, and accidents, so saying that suicide is in the top 3 says nothing. All you are saying is that the state has a lower homicide/accident rate than it does a suicide rate, which is not very surprising.

    Here's another example of misleading statistics.

  8. Good point. On the other hand... by jd · · Score: 5, Interesting
    ...a weekend in jail for the SCO board of directors could finish the company. The major shareholders are already fidgity and this could result in a major pull-out of any and all investment. Too much risk of bad publicity.


    On the flip-side, SCO would make a great target for the Justice Department - too puny and insignificant to have any real impact on business, too flat-broke on their existing lawsuits to mount much of a defence, good publicity for their anti-corruption efforts (!) for every executive they convict and good for some of the big-name US companies being hastled by SCO.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  9. Re:Word of advice RE: Groklaw by AJWM · · Score: 2, Interesting

    Well, that depends on whether one considers an "assload" to be a measure of weight (mass) or of volume.

    If one takes "ass" as synonymous with "donkey", then the measure is probably by weight, and a metric assload is probably in kilograms. Multiply by 2.2 to get pounds.

    If one takes the other common meaning of "ass" then it may well be a unit of volume, but the specific metric unit could be anything from milliliters or perhaps centiliters for average, or perhaps litres for the goatse.cx guy.

    And on that note I think I've gone about as far with this comment as I care to...

    --
    -- Alastair
  10. Re:100 percent, not 95 percent by adtifyj · · Score: 2, Interesting

    Which in effect means Novell is not a creditor in this transaction; the money has been fraudulently withheld, and included in SEC filings.

  11. Re:Sun and MS in Fraud? by Anonymous Coward · · Score: 1, Interesting

    So the obvious conclusion is that hanging around lots of mormons drives normal people to suicide in enormously high percentages.