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stories filed under: "unix"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, linux, unix

Companies:
novell, sco



SCO... Not Dead Yet... Appeals Court Reverses Novell Ruling; Trial Likely

from the not-dead-yet dept

And you thought the insane nightmare was over. Two years ago it seemed like the long national nightmare that was SCO's claims of copyright infringement in Linux were over. A judge ruled that SCO did not actually own the copyrights it claimed it did, and that they still belonged to Novell. While SCO received a slap on the wrist ($2.5 million) for this, it basically wiped out the key part of SCO's lawsuit against IBM, and led SCO to file for bankruptcy. Some investors supposedly pumped some money into SCO to keep it breathing, but later details on that made the whole deal seem very, very sketchy. However, now SCO might have a very slight chance to turn things around.

A judge has overturned part of the lower court's original ruling on who owns the copyrights to Unix, and ordered a full jury trial take place to determine who actually owns the copyright. Oddly, the court did not overturn the part where SCO has to pay Novell $2.5 million -- which could push the company over the final edge. If, however, SCO can stay alive, and it does go to trial, the company could (and likely will) still lose that trial (and, we're still twiddling our thumbs and waiting for any evidence from SCO that IBM actually infringed on the UNIX copyrights... but that's another story and another lawsuit). SCO's Darl McBride (how he's still running the show is beyond me) is claiming this is a validation for SCO, but that's not even close to true. All the court is saying is that there wasn't enough for the summary judgment on the copyright ownership, and the issue should be taken up in a full jury trial. That's not a "validation" of SCO's position -- it's a small, and likely temporary, lifeline.

8 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
linux, unix

Companies:
ibm, novell, sco



Judge Rules That Novell, Not SCO, Owns Unix Copyrights

from the whoops dept

For years, ever since SCO first sued IBM for infringement found in Linux, SCO has had trouble proving any of its claims. SCO was still quite cocky about the idea that once the case (and the various associated cases) got to court, it would show that SCO had a smoking gun all along. However, even judges involved in the case are skeptical and point out the lack of evidence to support SCO's position. One offshoot case, you may recall, was that soon after the original SCO-IBM case was filed, Novell came out and announced that it still owned the copyrights on Unix, and SCO was incorrect in claiming the rights had been transferred. In fact, Novell pointed out that behind the scenes SCO had been quietly begging Novell to transfer the copyright to them. However, SCO continued its brash legal fight against reality and sued Novell. Late Friday the ruling came down, and once again, SCO was on the losing side. The judge found that Novell still owns the copyrights to Unix, meaning that the meat of SCO's case against IBM may have just disappeared. In retrospect, it's fairly amazing the lengths that SCO and its supporters have gone in trying to tar everyone who questioned their position. Don't expect an apology, though.

11 Comments | Leave a Comment..

 
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