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Trial Set To Determine What SCO Owes Novell
BobB-nw writes with word that this April will be the trial date for SCO's financial reckoning. Novell will discover via the courts how much (if anything) SCO is going to be compelled to pay in compensation for the lengthy trial over Unix code rights. The NetworkWorld piece also offers an overview of the case. "In September, The Wall Street Journal described the ruling against SCO as 'a boon to the open source software movement.' But experts say Unix is filled with technology that carries copyrights tied to many different companies and that it would be a nightmare to open source the Unix code collectively. Instead, Novell would have to pick and choose pieces to open-source, a process that could begin once the trial has ended."
SCO is going to pay Novell How?..
unix has already been recreated from scratch as open source anyway.
I'll sell it to you REAL cheap!
Cuban Music MP3's - cuband.com
No, really. The Boies law firm representing SCO is being compensated by effectively taking part ownership in SCO. Having done that, should they not be liable for SCO's debts?
My contention for a while has been that, in taking compensation from SCO in terms of stock and shares, Boies has abdicated it's duty as an officer of the court. In a contingency compensation arrangement, the law firm gets paid when they win the case. But in this situation, they only get paid if SCO stock stays high, so their litigation goals are different than just winning.
I think they should be made to experience the full consequences of their agreement.
"As God is my witness, I thought turkeys could fly." A. Carlson
...and the deed to everything in the building.
Bearded Dragon
April is a long time from today. I would simply terminate SCO and end it. Hard to go to court when you do not exist.
When SCO was pulled from the market, Novell gets their old furniture cuz there's nothing else to really take...
I guess source code is just as good.
Ask not what you can do for your country. Ask what your country did to you
I want my two dollars!
It is satisfying to watch SCO go down the drain. SCO filed a notice of delisting on December 27, 2007. http://biz.yahoo.com/e/071227/scoxq.pk8-k.html
One thing that annoys me in these posts is all these Johnny Come Lately people who have just started to hate SCO as a result of their actions against Linux. I've been actively hating SCO ever since I had to use their piece of crap OS in 1993 on a 286 PC. All the bugger had to do was keep the modem connection open so we could send email but would it stay up? Would it buggery. It was falling over all the time and in the end we had to go 3 months without email to the outside world, a contributory factor in the company going bust.
:)
So you think you have come to loathe SCO over these last few years? Let me tell you that real hatred takes 15 years to mature
An Eye for an Eye will make the whole world blind - Gandhi
Awwww, comeon! Don't tell me that they're going to do this on *April First*, eh? -r
Okay, could someone (more knowledgeable than I) explain how this whole trademark vs. IP thing works? From what I understand, it sounds like Novell owns the underlying IP of Unix, but I also thought The Open Group was in charge of the "UNIX" trademark/certification. So speaking purely hypothetically, say Novell were to get back into the Unix market, would they have to have certification by the Open Group to call it "UNIX"?
I guess my question is bit more far-reaching - what is the relationship between the IP holder v. the trademark holder in these circumstances, and are there any other examples where someone owns the IP of something, but doesn't necessarily own the trademark?
"You and your third dimension."
You might just as well admit now: Nobody will be satisfied before the day comes when Darl is in jail and his wife is doing two dollar blow jobs in the parking outside WalMart to pay the bills ...
heh. well i had nothing better to do today then to listen to a fat lady singing.
/.
now all we need is the right tune, "ride of the Valkyrie" or "madam butterfly" don't seem appropriate, and my other suggestions are just undignified and unsuitable for the high class audience provided by
I'm sure Tom Lehrer could of penned a suitable tune or two.
$699
They must be talking about the Novell variant, because isn't BSD Unix FOSS?
how much you want to pay?
Patents Drive Free Software as Hurricanes Drive Construction Industry
Their last financial report (July '07, they apparently didn't file one for October '07) said that they had $15.79 million in total assets. This isn't taking into account any other debts. That was down $4 million from the previous quarter. Let's suppose that that drop repeated itself the next two quarters (since we're almost out of the current quarter). That means that SCO would have just under $8 million in total assets. So even if Novell took everything SCO had into possession and all other debtors got nothing, Novell wouldn't come close to recouping the money they were owed from Microsoft's $16.6 million Unix license payment. (To say nothing of Sun's $9.3 million license payment or any other payments.)
Another way to look at how much SCO is worth is to look at their market cap. Back in July, SCOX closed at $1.48 per share. Over 21.25 million shares, that's $31.45 million. Today, they're at $0.09 per share for a market cap of $1,912,500. Novell could easily buy up the remaining pieces of SCOX if they wanted to. Any way you slice it, SCO is toast and won't be able to pay Novell back even a fraction of what they owe them.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
I was enjoying this drama for the first couple of years... especially when it became very apparent that SCO was playing some sort of game at the request of Microsoft... and especially when it became obvious that SCO would lose. And it's true that technically, this is "another case" involving SCO, but this is really a part of the whole drama that is the downfall and failure of SCO. Mentally I imagined SCO people squirming around wondering what they must have been thinking when they brought all this upon themselves. I have wondered how they could make all those unfounded and ridiculous claims without being able to produce one shred of evidence while keeping a straight face! They seem to me like the same level of scary-crazy as $cientology. I have enjoyed watching and imagining SCO suffer for their attempts against Linux. But I have to say, this is all taking WAY too long. They should just kill SCO and be done with it. Off with their heads!
"It can all end, right now. Peace. Bliss. Just say it. Cry out mercy."
"Everything, asshole and up."
Remove the caps and hold to a mirror.
The description here is incorrect.
SCO does not owe Novell any compensation for the trial or lawsuit.
They owe them something like 95% of the Unix license fees they collected from Sun and Microsoft, as well as some others.
there are 3 kinds of people:
* those who can count
* those who can't
I thought that was the idea of Sarbanes-Oxely, execs are not supposed to able to commit crimes and hide behind the company. Exec can be help personally liable.
Besides, scox paying novell is not the point. The point is to legally prove that Linux does not use proprietary UNIX technology, and to thereby stop the msft FUD.
The trial is significant because this trial has to be completed before the real trial can be held.
This isn't money which "SCO owes Novell". This is Novell's money which SCO has retained (in breach of contract). The distinction seems trivial but should be important. In theory, it should give Novell priority over all other creditors (including the lawyers, accountants, and landlords with whom SCO has been merrily spending money since entering Chapter 11). The word "disgorgement" looms large in the future of this case. A pair of loose analogies should make the distinction clear: if I rob a bank, and then use the stolen money to hire expensive lawyers in a futile attempt to escape justice, the bank is entitled to recover that money from the lawyers. But if instead I borrow money from a bank and then spend it all on expensive lawyers on my way out of business, the bank is out of luck. The current situation is more like the former analogy than the latter. In selling Sys V licenses to Microsoft and Sun, TSCOG was acting as Novell's agent: the money was Novell's all along.
Msft is sponsoring scox, and acacia to claim that proprietary technology was illegally put into linux. Of course, these are just more msft FUD PR stunt. But, sponsering companies like acacia and scox to abuse the US legal system, and file bogus lawsuits has a chilling effect on those who might want to use, or contribute to, linux. Msft is, very successfully IMO, putting a legal cloud over linux.
Most of us that have been following this assume this was SCOX' intent all along; threaten a lawsuit and get a payoff from either IBM and/or Novell to quietly go away.
Then IBM called the bluff and asked for some actual EVIDENCE; at that point the dodge-the-bullet game began and has dragged on until now.
But back to point, what does SCOX have to buy? Novell ALREADY owns the UNIX codebase, SCOX has succeeded in destroying the VAR/OEM channel; Novell can sit back and watch the implosion, then start up a short-term consultancy to migrate the remaining stragglers to SUSE.
SCOX(Q) DELENDA EST!!
It is not as simple as that. The trials would go on, even if scox files chapter 7, and even if scox is no longer in business.
Shouldn't it read, Trial set to determine how much SCO stole from Novell?
Who is general failure, and why is he reading my hard drive?
Don't forget to pay your $6,990,000 Novell court fees, you cock smoking teabagger.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
All your base are belong to us.
Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
You're just jealous you can't even finish "Hit me with your best shot" on Easy.
quote: "Instead, Novell would have to pick and choose pieces to open-source, a process that could begin once the trial has ended."
:-)
- didn't we go through this once before, like 14 years ago?
(i still have my O'Reilly set of BSD books and the accompanying 'litigation-free software' CD!)
I agree and would get satisfaction if these guys gets imprisoned and learn first hand about prison shower rooms where big homosexual inmates breaks them in and get used as the cunts they are. //Pingo
--- Linux or FreeBSD, it's like blondes or brunettes. I like both. ---
Ah, yes. "M$". You were just telling us about that a few days ago.
Tarantella (formerly SCO) is owned by Sun, as the Wikipedia article points out.
First of all, the journalist is confusing Unix as a family with the UNIX IP that Novell owns. As a family, Unix is confusing because it contains contributions from many companies and organizations like components like RCU (IBM), filesystems (JFS, XFS, ZFS, etc), libraries (BSD, GNU,etc) and the like. Novell, however, knows exactly what it owns in terms of copyrights.
The main issue that needs to worked out is what amount Novell owed from the Microsoft and Sun licenses. When Novell sold SCO the Unix business (and not the IP), SCO agreed to pay Novell 100% of any UNIX licenses which Novell would remit 5% back to SCO for their trouble. SCO argued that the licenses to Microsoft and Sun were not UNIX licenses at all. The judge didn't buy their argument for although SCO may have called it differently, certainly the licenses they sold contained UNIX IP and thus Novell was entitled to a share. The reason why the judge did not summarily order SCO to pay Novell the full amount was there is a question of how much of the technology was Novell's UNIX and how much was SCO's IP (i.e. UnixWare, OpenServer). That question is being addressed by the court now. I highly doubt that SCO sold much of their IP to the likes of Sun whose Unix offering is much more advanced or Microsoft who isn't even in the Unix business.
Well, there's spam egg sausage and spam, that's not got much spam in it.
Will she take SCO licenses instead?
"Honest - they're worth about 600 bucks a piece. Ask your husband."
Weaselmancer
rediculous.
NO... I have been PRACTICING.
(Unfortunately, only to the extent that I can finish 'Knights of Cydonia' on Hard about three-quarters of the time...)
Real Daleks don't climb stairs - they level the building.
And prostitution is illegal btw...
...a $699 fee per mention of the word Linux? You cocksmoking teabaggers.
-"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
Send him to a maximum secirity prison and pimp him out for $3.00 per trick. Let him out of prison when he's earned a million dollars for Novell.
Yeah...
LK
"Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
Not in Nevada.
Actually it's only been relatively lately that prostitution has been illegal in the US. Because of "holier than thou" Bible thumpers prostitution was made illegal in most places. For instance Storyville New Orleans was made the legal prostitution district in 1897, which latest until 1917. Prior to 1897 prostitution was legal throughout NO, but then to tax and control it the city passed legislation to make Storyville Prostitution Central.
Much as many cities in Europe have redlight districts where prostitution is legal, cities in the US used to have them as well. Actually, when I was in Germany you could find magazines listing prostitutes. They had photos and addresses or phone numbers so you could make an appointment, all quite legally.
FalconShould there be a Law?
Novel owns unix and novell is in bed with MS....
This doesn't sound good.
Actually, we *do* want their source code, if for no reason other than the "LOL PWNT" factor--SCO files suit claiming Linux infringes on UNIX, and ends up causing UNIX to be released as freeware itself. Also, it will rain chairs in Redmond when Microsoft finds out that there's yet ANOTHER freeware UNIX-type OS...
As part of my karmic payment for some particularly heinous deeds in a past life, I was root on a SCO OpenSewer box from about 2002-2005. If you have any doubt that my past-life deeds were, in fact, heinous, it was also running a pre-D3 version of the PICK OS/database on top of SCO. And I won't even go into the hardware...
The mere thought that the machine is probably now deservedly rusting away in the county landfill almost makes me happy.
Village idiot in some extremely smart villages.