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Update on SCO-vs.-Linux situation
May 29, 2003

The bizarre "soap opera" of the SCO Group's attacks on IBM and the entire Linux community continues. In our ongoing efforts to provide potentially pertinent information to our readers, we bring you news of the latest developments . . .
  • (May 28, 2003) Novell announces that it -- not SCO -- owns the Unix intellectual property -- In the words of Bruce Perens: "This morning, Novell announced some of the terms of the company's 1995 agreement to sell its Unix business to SCO. The shocking news is that Novell did not sell the Unix intellectual property to SCO. Instead, they sold SCO a license to develop, sell, and sub-license Unix. The title to Unix copyrights and patents remains with Novell. To back up this assertion, Novell refers to public records at the Library of Congress Copyright Office and the U.S. Patent Office." Story

  • (May 28, 2003) Novell Challenges SCO Position, Reiterates Support for Linux -- here is Novell's announcement, referenced in the previous item (above). First, Novell challenged SCO's assertion that it owns the copyrights and patents to Unix System V, pointing out that the asset purchase agreement entered into between Novell and SCO in 1995 did not transfer these rights to SCO. Second, Novell sought from SCO facts to back up its assertion that certain Unix System V code has been copied into Linux. Novell communicated these concerns to SCO via a letter (included with the announcement) from Novell Chairman and CEO Jack Messman in response to SCO making these claims. Story

  • (May 28, 2003) SCO Statement on Novell’s Recent Actions -- following the announcement by Novell that it -- not SCO -- owns title to the Unix copyrights, SCO issued a terse statement saying, among other things, that "SCO owns the contract rights to the Unix operating system," that "SCO has the contractual right to prevent improper donations of Unix code, methods or concepts into Linux by any Unix vendor," and that "SCO intends to protect and enforce all of the contracts that the company has with more than 6,000 licensees." Story

  • (May 14, 2003) SCO warns Linux users of potential legal liability -- SCO sent a "Letter to Linux Users" stating that it believes that "Linux infringes on [SCO's] UNIX intellectual property and other rights," that it had suspended Linux-related activities its "until the issues surrounding Linux intellectual property and the attendant risks are better understood and properly resolved," and warning Linux users that "legal liability that may arise from the Linux development process may also rest with the end user." Story

  • (Mar. 7, 2003) SCO Files Lawsuit Against IBM -- SCO filed a highly publicized lawsuit against IBM, reportedly valued in the billions of dollars, charging that IBM has misappropriated technology obtained through its license of the Unix operating system to the detriment of SCO, and has tried to destroy the economic value of Unix (also to the detriment of SCO) through its massive support of the open source Linux operating system. Story



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