05.03.08

Gemini version available ♊︎

Week of SCO/Novell in Court Culminates in Novell ‘Pulling an SCO’

Posted in Action, Corel, Courtroom, Free/Libre Software, FUD, GNU/Linux, Kernel, Microsoft, Novell, SCO, SUN, UNIX at 2:41 am by Dr. Roy Schestowitz

SCO

We do not typically cover any of the SCO trials, but for those who do, here are a few pointers and highlights from the past week.

Several articles heralded the beginning of this latest trial. These included:

1. Trial starts today in SCO lawsuit

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.

2. SCO Novell Trial Starts Today

Somehow I don’t think so. SCO has managed to use the legal system to its advantage for years. Somehow it manages to appeal things, and somehow it keeps managing to find people to help bankroll its efforts.

3. Trial Starts Today in SCO Lawsuit over Unix Misuse

More than four years after filing a lawsuit about alleged misuse of the Unix operating system, the SCO Group will get its days in court, beginning today in Salt Lake City.

More comments from the local press:

Kimball’s ruling not only put SCO’s claims against IBM in jeopardy but also left it with a potential bill from Novell for Unix fees for as much as $37 million. The trial that begins Tuesday is to determine how much, if anything, The SCO Group owes Novell.

But Lee Hollaar, a professor of computer science at the University of Utah who teaches classes on intellectual property law, said last week the trial is a shadow of what the original case promised to become.

As expected, Groklaw was right at the centre of things, predicting how things would develop.

How the Trial Will Go, Beginning Tomorrow (SCO v. Novell)

The trial in SCO v. Novell — which has morphed into exclusively Novell’s counterclaims against SCO — begins tomorrow morning, and the parties have filed a Joint Pretrial Stipulation [PDF] and then an Amended one [PDF]. For purposes of this trial, Novell is the plaintiff and SCO the defendant, so Novell will be going first. Thanks to the Stipulation, we know how the trial is structured. Each side will limit itself to 10 hours. It’s 10 hours sort of like football, though, so don’t imagine it will all be over in, say, a long day or two days. A football team might have a minute left on the clock, but it takes a half hour to play it out. Similarly here, 10 hours each doesn’t count things like conferences with the judge at the bench and things like that.

Here is the opening when Novell is said to have turned the table on SCO.

Kimball will open a 4-day bench trial Tuesday to determine whether Novell is entitled to the $37 million it claims [from SCO].

Further coverage from Groklaw included all the necessary court documents. You can find all the details over there, along with heaps of comments.

Here is the interpretation from the local press, which may or may not be biased.

Lawyers for The SCO Group Inc. told a federal judge Tuesday that anything it might owe to Novell Inc. for improperly licensing an older version of the Unix computer operating system to other companies is minimal.

But Novell attorneys told U.S. District Judge Dale Kimball that the pre-1995 version of Unix to which it still holds the copyright, under an earlier ruling by the judge, was a substantial part of what SCO licensed in agreements with Microsoft, Sun Microsystems and other companies.

Mighty Wayne, whom I correspond with sometimes, has joined Ars Technica and recently began covering the SCO case as well. He lives nearby. For an article with some humour and fairly clear bias, consider this.

Novell grilled McBride for the better part of 10 minutes about “filling a form 10-K or 10-Q with the SEC that contained a false statement.” Novell’s counsel reiterated that two separate 10-Q forms filed by SCO did not include Sun or Microsoft revenue generated by UnixWare licenses. McBride adamantly denied any wrong doing, saying that the licenses were for the trunk of SCO intellectual property consisting of multiple brands, not the UnixWare product branch. This was the most hostile point of the day, with the council asking him the same question in several different ways. After two hours on the stand, McBride stepped down.

Watch the tags and the caption on the image.

It was claimed yesterday that Groklaw is being flooded by participation which includes SCO employees. Someone told me this by E-mail and pointed at some evidence (he has read Groklaw for years). Here are some transcripts Groklaw got hold of, thanks to various people who are physically there.

Brian Proffitt has this nice piece which includes a succinct description of the situation for those who are new to it.

SCO: You stole our code!
IBM: Did not!
SCO: Did so!
Novell: Hey, wait, who’s code?
SCO: Our code!
Novell: Nuh-uh! Ours!
SCO: No, it’s our code! Ours! Ours! Ours!
Grown-up Judge: It’s Novell’s.
Novell: Hah! Pay up!
SCO: We’re broke.
Novell, IBM, Red Hat, Rest of the World: What?!?!?

There are similar IRC-like sessions that put the SCO saga in context. Hilarious.

Now we come to the interesting parts.

Novell Corp. says SCO Group Inc. owes it nearly $20 million. SCO says it owes Novell virtually nothing.

Those two stances are the focus of a four-day trial that started Tuesday in federal court in Salt Lake City. The companies fighting over Lindon-based SCO’s licensure of certain technologies in 2003 and 2004 and how much Novell should get from that licensing.

After many hasty speculations [1, 2, 3] Novell has insisted that it is not the next SCO [1], but the following last article raises a brow.

Novell may expand its claims

Company says Unix also found in Microsoft, Sun Microsystems products

Issues at a trial involving The SCO Group Inc. and Novell Inc. threatened Wednesday to spill out once again into the wider software industry, with a Novell attorney indicating it might make claims against Microsoft and Sun Microsystems over Unix code in their products.

Novell presented letters it sent last year to Microsoft and Sun in which Novell said it did not believe that licensing agreements between those companies and The SCO Group were valid. As a result, the letters said, the two companies could be “exposed” to claims by Novell.

Don’t forget the many millions of dollars Microsoft is likely to pay Novell in the WordPerfect trial.

We shall soon find out how it all worked out.

Well, friends, the trial in Novell v. SCO is done. The judge will render a decision as soon as possible.

Whatever the outcome, SCO is irrelevant. Let’s just ensure Novell does not become as effective as SCO when it comes to FUDding Free software.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Monday, September 26, 2022





  2. Links 26/09/2022: FocusWriter 1.8.3 and Istio 1.15.1

    Links for the day



  3. Media Censorship is Spreading and Infesting the World Wide Web

    Media and social control media are manipulating what people are reading and writing; this is done in the name of protecting us from misinformation, but oftentimes it's done to actually hide verifiable information (in order to protect a government's self-serving disinformation campaign)



  4. [Meme] Buy GitHub, Buy Systemd, Buy Canonical, Bye-Bye GNU/Linux

    Windows is losing ground fast; taking over the competitor/s is an antitrust violation, but who is left to file a complaint when bribery becomes so routine?



  5. GNU is Turning 39 Years Old in a Matter of Hours (and You're Very Likely Using It All the Time But Simply Unaware of That, Referring to It by the 'Wrong' Name)

    GNU is the project that gave us GCC (Free/libre compiler) and the GPL, among many other things; it's important to recognise the significance of its genesis 39 years ago in Massachusetts



  6. IRC Gateway Issues and Separating the Main Techrights IRC Channel From Non-Tech-Related Politics

    We're branching off to an old IRC channel (abandoned for many months already) and one of the Web gateways seems to be down at the moment (for all networks we've tested with), so please be patient



  7. Microsoft Layoffs Are Huge and Engaging With Microsoft Lowers Your Employment Prospects

    Microsoft is where people’s careers end (even if they delude themselves otherwise); it seems poetic that LinkedIn is dying, having become little but a massive waste of money and a liability



  8. Microsoft Is Vanishing From Netcraft

    Despite its so-called 'clown-first' strategy (clown computing), Microsoft is almost nowhere to be seen at the back end (server side); the media is massively inflating the perceived share of Azure, which may in fact be operating at a loss because there are layoffs and the future is sadly involving some proprietary actors like ClownFlare



  9. Why Canonical is Not a Friend of GNU/Linux Freedom and Mentioning WSL/systemd Helps Windows

    Ubuntu’s promotion of WSL is a disgrace and a reminder that we should no longer recommend Ubuntu to anyone; there are many other GNU/Linux distributions which are vastly more deserving of users and some new ones reject systemd as well



  10. Links 26/09/2022: GnuCash 4.12 and Microsoft Breaches

    Links for the day



  11. Microsoft LinkedIn “Experimented” on Over 20 Million People Over Five Years and May Have Stopped Some of Them From Getting a Job

    Reprinted with permission from Ryan



  12. Links 26/09/2022: GNUnet 0.17.6 and Science News

    Links for the day



  13. IRC Proceedings: Sunday, September 25, 2022

    IRC logs for Sunday, September 25, 2022



  14. GNU is Not UNIX: GNU Project Turns 39

    Tomorrow (Tuesday) is a special day; 39 years since the message (announcement) below, so next year it's 40 (a major time leap in the context of software development; not much stuff lasts this long)



  15. Links 25/09/2022: Linux 6.0 RC7 and PostgreSQL-Related Releases

    Links for the day



  16. Links 25/09/2022: EasyOS 4.4, KDE Reviewed

    Links for the day



  17. Microsoft is Trying to Eliminate POP3 and IMAP for E-mail (Attack on Commodity or Standard Protocols)

    Microsoft is trying to decommoditise (read: control) E-mail by shutting out people who use standard protocols; how long have we got before E-mail becomes a surveillance-intensive walled garden?



  18. IRC Proceedings: Saturday, September 24, 2022

    IRC logs for Saturday, September 24, 2022



  19. YouTube (Alphabet Gulag) Keeps Censoring Videos About Free Software and GNU/Linux

    YouTube (the Alphabet/Google Gulag) seems to be weeding out discussion of software freedom; it's a longstanding issue reported by several GNU/Linux-centric channels over the years



  20. Links 24/09/2022: pgAdmin 4 v6.14 and ONLYOFFICE 7.2 Released

    Links for the day



  21. Links 23/09/2022: KDE Weekly Outline and UbuntuDDE Remix 22.04

    Links for the day



  22. IRC Proceedings: Friday, September 23, 2022

    IRC logs for Friday, September 23, 2022



  23. Geminispace Roughly Quadrupled in Size (and Grew a Lot in Terms of Number of Capsules) Since We Joined It Last Year

    Despite the media's apathy (pretending that Gemini does not exist or does not matter), Geminispace continues to expand and we have 42,703 pages in it



  24. [Meme] Getting Promoted (or Hired/Recruited/Absorbed Directly Into Top Management) by Knowing “The F***ing President”

    The EPO‘s own numbers indicate that as a female it's incredibly hard to get promoted at the EPO; the insiders’ joke is, you need to be a former colleague of Benoît Battistelli/António Campinos (or even a spouse) to get promoted



  25. According to EPO Data, Women Have No Place at the EPO (Unless They Fancy Being Underpaid)

    The European Patent Office, accused by a former president who was female of an “alphamale” issue, treats women poorly; incidentally, she wasn’t just the only female president in a ~25 year period but also the only non-French president in that same period (EPO diversity is a sad farce)



  26. Links 23/09/2022: PeerTube 4.3 and GNOME Report

    Links for the day



  27. Links 23/09/2022: EuroBSDcon 2022 Ahead, PowerDNS Recursor 4.5.11, 4.6.4 and 4.7.3 Out

    Links for the day



  28. IRC Proceedings: Thursday, September 22, 2022

    IRC logs for Thursday, September 22, 2022



  29. Links 22/09/2022: ExTiX 22.9, Rust 1.64.0, Weston 11.0.0, New Mesa, and OpenCL 3.0.12

    Links for the day



  30. Microsoft Will Soon be Unlisted in Netcraft's Web Survey (Due to Minuscule, Negligible Market Share)

    A few hours ago this was released by Netcraft; it seems clear that Netcraft’s tables already omit Microsoft in all except 2, where Microsoft is placed last and rapidly loses share (it’ll fall out of sight soon)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts