Novell torpedoes SCO's Unix IP claim
By Andrew Orlowski in San Francisco
Posted: 28/05/2003 at 16:26 GMT

In the latest installment of "The Canopy Family" - a
drama to rival the The Magnificent Ambersons - Novell
has rebuffed SCO's claim to hold Unix copyrights and
patents.

SCO recently filed a billion dollar suit against IBM,
claiming that Big Blue had violated SCO's intellectual
property by incorporating elements of UnixWare into
Linux. It's a contract dispute, but SCO's case is
holed below the waterline if Novell's claims are true,
and SCO's bag of "intellectual property" is found to
be empty.

In a prepared statement , Novell doesn't pull its
punches.

"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."

Novell also discloses that SCO has been begging Novell
for the rights to IP that SCO claims it already has:

"Over the last few months you have repeatedly asked
Novell to transfer the copyrights to SCO, requests
that Novell has rejected."

And that, in British tabloid parlance, is a bombshell.

"Apparently SCO's management team knew that they did
not own Unix while pursuing their sham campaign
against Linux," observes Bruce Perens.

The dispute has the character of a family affair,
which perhaps goes some way to explaining SCO's
dysfunctional behavior.

Former Novell chief Ray Noorda founded Canopy Group in
1995, and one of his first investments was Caldera, a
company founded by Novell employees and Linux
enthusiasts. Caldera acquired the Santa Cruz Operation
two years ago

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