On Tuesday, November 23, 2010 03:56:54 pm Jerry Feldman wrote: > On 11/23/2010 10:27 AM, Jon 'maddog' Hall wrote: > >> so what goes to Microsoft's consortium?" > >> > >>> concurrent sale of certain intellectual property assets to CPTN > >>> Holdings LLC. > > > > Which, from what I read, equates to 800+ patents. > > > > As to the SCO suit, it takes two to sue. The "new Novell" could say > > that SCO was right all along, and it does own the intellectual property > > rights to Unix. Or the "new Novell" could say "go screw SCO" and SCO > > (not having the backing of Daddy Warbucks any more, would fold with > > Attachmate "attaching" those IP rights for whatever that is worth. > > > > In any case, this does not look like a "win" for Linux, FOSS in general, > > or even for the computing industry in general. Just a large consortium > > building their patent pool for trolling. > > I would agree. > Since this acquisition will probably not take place for a while because > of regulatory issues, the SCO litigation is still an issue. Since Novell > won twice in court, I suspect they will see it through this appeal > process. Not sure what they will do if the appeals court sends it back > for yet another trial.
I am not a lawyer, but if Novell put any of its Unix code into Linux they would not be able to bring suit against any users because it would be a breach of estoppel. Novell or its successor would probably be found guilty of "pulling the rug" out from under users, and probably guilty of a subset of that by being negligent in enforcing its copyright(laches). Both of these are not looked upon kindly by the courts. Also, I believe there wasn't much that AT&T/USL copyrighted in the USL vs. BSDi case. _______________________________________________ gnhlug-discuss mailing list gnhlug-discuss@mail.gnhlug.org http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss/