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Novell / SCO Lawsuits Finally Finished
And the winner is ... Novell
by KathrynV Saturday 11-Aug-2007
Way back in 2003 Novell and SCO got into a dispute about who owns Unix. This led to multiple lawsuits by Novell against SCO and by SCO against IBM. It took some time to get it all sorted out, but the court has ruled that Novell is the owner of Unix. This effectively brings SCO’s cases to a close and of course it means that SCO owes money to Novell. If you’re really interested in the details, you can read the 100+ page ruling.

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astokes

join:2000-08-11
Bangor, ME

No its mine!

I purchased Unix from a guy in a Pub!
ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL

On Monday...

...wake up and watch as SCO's stock crashes and burns in spectacular fashion. This oughta be fun!

Tux FTW!

brooklynman4

join:2004-09-07
Brooklyn, NY

Re: On Monday...

All this for nothing they will sell to highest bidder u will see.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ

Re: On Monday...

Who's gonna want them? If they buy the company, they are gonna have to assume the financial liabilities. Those liabilities include legal costs, which have to be huge. Remember: lawyers who do corporate law are not known for taking this kind of work on, pro bono.

And somewhere in those liabilities could be the bills for whatever psychosis-inducing chemicals McBride was ingesting. Who would want to pick up the bills for that?
ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL
said by brooklynman4:

All this for nothing they will sell to highest bidder u will see.
There's nothing to sell. Actually, it was suspected that SCO's suit against IBM was a ploy to get Big Blue to buy the company out and pay off McBride and his minions. However, IBM didn't blink, and rightly so. If they had, every two-bit con man in America would have claimed ownership of Unix and Linux in a bid to shake down the company. IBM needed to make an example of SCO, and, with the help of Novell, they did.

In the meantime, SCO the software company was dismantled. Sales of Unixware dried up, and many of the software engineers were laid off. After all, these people had to be paid salaries, and that money was needed to fund the lawsuits. In essence, Darl and his buddies took all the company's resources and spent them on these legal proceedings.

So, no, there isn't anything left for someone to come in and buy. The most that they could get is whatever Unixware code that SCO may legitimately own and how ever many service contracts they have with clients. No one will want any of that junk. If anything, it'll end up in the hands of SCO's creditors when the company files for bankruptcy, which I predict will happen before the end of the year, if not sooner.

What will likely happen next is a wave of shareholder retribution against the company's management. Granted, many shareholders likely bought stock on its dramatic upswing at the beginning of the lawsuits when there was, in some quarters, a fear that SCO might actually have something. Still, these folks are going to watch their stock become utterly worthless, and they're going to be out for blood--Darl's blood. So we'll get to watch as those who thought they were going to strike it rich by buying into SCO seek their pound of flesh from the man who started this fiasco. This will likely get very messy, and it should be fun as hell to watch.

And Darl, in case you happen to be reading this, I hope you have some better lawyers than you did in your recent lawsuits. You're going to need them very badly in the near future.

swhx7
Premium
join:2006-07-23
Elbonia
Reviews:
·RoadRunner Cable

2 edits

Th truth wins out

Here's a short version: »www.groklaw.net/staticpages/inde···32709446
Also see the timeline linked there.

There's more on this Wikipedia page. »en.wikipedia.org/wiki/SCO-Linux_···oversies

What none of the links above or here really captures is how this whole debacle appeared in the press during about 2003-2006. SCO, a Utah company led by Darl McBride, made a series of dramatic claims - that Linux or crucial parts of it were stolen; that Torvalds could not have developed it without SCO's trade secrets; that the General Public Licence of Linux was invalid; and much more. Some of the statements were quite outlandish.

When SCO finally pointed to some lines as allegedly copied, Linux people shot down the bogus claims immediately.
Meanwhile, it also turned up that Microsoft or Microsoft-associated people apparently were financing SCO.

BTW, there are still unresolved issues, but they are likely to "fall like dominos" as someone said.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ

Darl McBride:

Now free to live out his destiny as tailgunner on a garbage truck.

Gonna be a lot of people, who he pried money out of to finance this exercise in legal insanity and barratry, who are gonna be awfully unhappy at him. This could get even more entertaining, if that is even possible.

knightmb
Everybody Lies

join:2003-12-01
Franklin, TN

Re: Darl McBride:

said by TScheisskopf:

Now free to live out his destiny as tailgunner on a garbage truck.

Gonna be a lot of people, who he pried money out of to finance this exercise in legal insanity and barratry, who are gonna be awfully unhappy at him. This could get even more entertaining, if that is even possible.
His mafia connections will probably have him end up at the bottom of a river with concrete shoes

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ

1 edit

Re: Darl McBride:

A friend just pointed out that one should keep their eyes on the minutiae of Small & Squishy Inc., over the next few weeks, for who leaves "To spend more time with their family".

I am sure the headman is sharpening his axe as we type.

major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA

Ridiculous

I've been following the SCO case on Groklaw for awhile now and I have to say wow. Just wow. What a colossal waste of time, court resources and energy. The claim was weak out the gate and the entire case was motivated by who was gonna get the most $$$$$$$$$$ from being the "owner" of an OS that has undergone -via Linux- so many recodings that any flavor of Linux is indistinguishable from the original OS it was derived from.
--
The Toll


swhx7
Premium
join:2006-07-23
Elbonia
Reviews:
·RoadRunner Cable

Re: Ridiculous

I was hoping SCO would last long enough for their claims to get thoroughly shot down in court, and they did.

Now it would be nice to see some action for costs for the defendants. Better yet, for abuse of process or something similar. SCO is getting down to its last nickels and dimes, so it would have to be something that could reach the individuals.

Punishing Microsoft for stealth-sponsoring it I guess would be too much to hope for.

NOCMan
MacChatter
Premium
join:2004-09-30
Colorado Springs, CO
Linux was derived from Minix not Unix.
nosx

join:2004-12-27
00000
kudos:4

Re: Ridiculous

The linux/unix/bsd/solaris family tree makes the AT&T telco family tree look sane.

dennismurphy
Put me on hold? I'll put YOU on hold
Premium
join:2002-11-19
Parsippany, NJ

Re: Ridiculous

You mean this AT&T?

Ted

@verizon.net
said by NOCMan:

Linux was derived from Minix not Unix.
Linux is a Unix-like OS derived from Unix. Its design was most certainly Unix/POSIX-derived.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus

Re: Ridiculous

said by Ted :

said by NOCMan:

Linux was derived from Minix not Unix.
Linux is a Unix-like OS derived from Unix. Its design was most certainly Unix/POSIX-derived.
*cough cough*

said by »www.linux.org/info/index.html :

Linux is an operating system that was initially created as a hobby by a young student, Linus Torvalds, at the University of Helsinki in Finland. Linus had an interest in Minix, a small UNIX system, and decided to develop a system that exceeded the Minix standards. He began his work in 1991 when he released version 0.02 and worked steadily until 1994 when version 1.0 of the Linux Kernel was released.
said by »en.wikipedia.org/wiki/Linux#History :

MINIX, a Unix-like system intended for academic use, was released by Andrew S. Tanenbaum in 1987. While source code for the system was available, modification and redistribution were restricted. In addition, MINIX's 16-bit design was not well adapted to the 32-bit design of the increasingly cheap and popular Intel 386 architecture for personal computers.

In 1991, Linus Torvalds began to work on a non-commercial replacement for MINIX while he was attending the University of Helsinki.[6] This eventually became the Linux kernel.
Derived from MINIX... The user land (command lines aka shells, etc.) carries over from Unix .
--
Prove it...
Save the Internet Time (NTP) service, use the pool.

swhx7
Premium
join:2006-07-23
Elbonia
Reviews:
·RoadRunner Cable

Re: Ridiculous

It started as a variation of Minix, but Torvalds soon rewrote everything he took from Minix into original Unix-like equivalents or replacements, so there was nothing left of Minix in it. If I recall correctly, Tannenbaum, author of Minix, has agreed with this assessment and approves of Torvalds' work, though they disagree about the merits of micro- and monolithic kernels.

Ted

@rr.com
said by bmn:

said by Ted :

said by NOCMan:

Linux was derived from Minix not Unix.
Linux is a Unix-like OS derived from Unix. Its design was most certainly Unix/POSIX-derived.
*cough cough*

said by »www.linux.org/info/index.html :

Linux is an operating system that was initially created as a hobby by a young student, Linus Torvalds, at the University of Helsinki in Finland. Linus had an interest in Minix, a small UNIX system, and decided to develop a system that exceeded the Minix standards. He began his work in 1991 when he released version 0.02 and worked steadily until 1994 when version 1.0 of the Linux Kernel was released.
said by »en.wikipedia.org/wiki/Linux#History :

MINIX, a Unix-like system intended for academic use, was released by Andrew S. Tanenbaum in 1987. While source code for the system was available, modification and redistribution were restricted. In addition, MINIX's 16-bit design was not well adapted to the 32-bit design of the increasingly cheap and popular Intel 386 architecture for personal computers.

In 1991, Linus Torvalds began to work on a non-commercial replacement for MINIX while he was attending the University of Helsinki.[6] This eventually became the Linux kernel.
Derived from MINIX... The user land (command lines aka shells, etc.) carries over from Unix .
What I meant to say is "Linux is a Unix-like OS (actually kernel) derived from Minix." The second part refuted the poster whom I'd quoted, that indeed the design is Unix/POSIX in nature.

Erwin_D

join:2003-06-30
Netherlands

In summary...

Novell owns UNIX, pwns SCO...
--
chown -R us ./base

gogeta6

join:2002-06-20
San Diego, CA

1 edit

never read the details before

I never read the details of the SCO suit before. Pretty insane that they wanted all revenue generated by AIX software and hardware. I guess when it comes to suing one aims high, but I wonder how many billions that would be.

GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL

Obligatory $.02

As an IBM BP and drinker of the blue kool-aide I will readily admit to being a tad biased in this.

However, honestly this whole thing was pathetic from the start and SCO had no case whatsoever. It was clear from their cast-a-wide-net-of-lawsuits approach that they were trolling for something, anything.

Well they've lost at least part of this deal and hopefully the other shoe falls soon. It would be great to see Darl, et al brought up on charges for abuse of process or whatever could be made to stick.

Now, the next step is to s*@t can all of the MS-FUD on Linux where it has been making vague claims regarding IP issues relating to MSFT patents & copyrights.
--
TheGlobalMind.com | Speed costs money. How fast do you want to go? | Angus the IT Chap

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