On 04/15/2011 09:57 AM, Richard Pieri wrote: > On Apr 15, 2011, at 7:20 AM, Jerry Feldman wrote: >> It does. We still have to wait for the 10th Circuit to hear and rule on >> SCO's second appeal. > Do we? UnXis claims that it acquired all of SCO's assets and intellectual > properties. The new company claims ownership of the UNIX and UNIXWARE > trademarks: > This is what they claim, and as I mentioned, someone saw this and contacted the Open Group. >> Under the sale terms, UnXis retains all customer contracts, the rights to >> the UNIX and UNIXWARE trademarks and installed base of over 32,000 customer >> contracts in 82 countries, including major enterprise customers in finance, >> manufacturing, retail, quick-serve restaurants, consumer electronics and >> state and federal government. > http://www.unxisco.com/2011/04/11/unxis-completes-purchase-of-sco-unix-assets/ > > This is, of course, wrong. These are owned by The Open Group. So, what is > really going on? It looks to me like UnXis is gearing up for another round. > > Never mind the blatant lies elsewhere in the company FAQ, like how UNIX is > entirely closed source. > Basically, there are 2 general issues, (1) the trademarks that The Open Group clearly owns that was never in dispute until now. There was one earlier SCO trademark issue over UnixWare that was quickly cleared up, and (2) the Unix copyrights. These are currently owned by Novell as affirmed by 2 courts, but the appeal of the second trial is ongoing before the 10th Circuit.
I know that The Open Group has sent a letter to Unxis. Unixs is currently NOT licensed to use the Unix or UnixWare trade names as, according to The Open Group, it was not transferrable, but Unxis could simply fill out a few forms. I don't see a serious issue here as it is a matter of filling out some forms and paying the fees. The intellectual property portion that Novell claims to own is still under appeal, and based on the past I doubt that they will succeed in the 10th Circuit appeal, but if they do, it will go back to Federal Court in Utah. If SCO decides to liquidate and terminate their litigation, then that would give Novell clear ownership of its IP. But, there was quite a bit of IP that was owned by SCO that now belongs to Unxis. We'll see what happens. PJ is having second thoughts and it does appear that Groklaw will not shutdown, but PJ will turn the reins over to someone else. -- Jerry Feldman <g...@blu.org> Boston Linux and Unix PGP key id: 537C5846 PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB CA3B 4607 4319 537C 5846
_______________________________________________ Discuss mailing list Discuss@blu.org http://lists.blu.org/mailman/listinfo/discuss
