http://www.forbes.com/2007/08/12/sco-novell-suit-biz-tech-cz_dl_0812bizsco.html?partner=alerts
 

Big 'No' To SCO
Daniel Lyons, 08.12.07, 10:44 PM ET

At long last, the SCO Group's ugly, often farcical legal crusade against
Linux appears to be over. 

SCO has spent four and a half years arguing that it owns the copyrights
to Unix, and that the free Linux operating system includes code stolen
from Unix.

Its claims suffered what is likely a death blow Friday when a judge in
Utah ruled that SCO does not, in fact, own the copyrights to Unix.

SCO issued a statement saying it would carry on with other claims
against Novell (nasdaq: NOVL - news  - people ), and hinted that it
might try to appeal Friday’s ruling.

Passionate fans of Linux, a free operating system developed
collaboratively by programmers from around the world, have argued from
the start that SCO’s claims lacked any merit. On pro-Linux Web sites,
they’ve been celebrating since Friday, viewing the ruling as
vindication.

For SCO, it’s a fizzle of an ending to a case that began with loads of
bluster and bravado. In March 2003, SCO Group (nasdaq: SCOX - news  -
people ), a tiny company based in Lindon, Utah, sued IBM (nyse: IBM -
news  - people ), claiming IBM took code from Unix and put it into
Linux. SCO also warned hundreds of customers that they might be in legal
trouble for using Linux.

The suit got more complicated when Novell, an IBM ally, stepped forward
and said that Novell, not SCO, actually owned the Unix copyrights.
Novell had licensed Unix to SCO’s predecessor company, and SCO argued
that in this transaction it had picked up the copyrights to Unix.
Novell, however, claimed it had retained copyrights to Unix code.

Before SCO could pursue its case against IBM it had to sue Novell to
establish its ownership of the Unix copyrights.

The trial was set to begin in September. But on Friday a federal court
judge issued a summary judgment declaring that Novell owns the
copyrights.

In a statement, SCO said it was “obviously disappointed with the
ruling,” but also indicated it intends to carry on with its lawsuit
against Novell. “Although the district judge ruled in Novell's favor on
important issues, the case has not yet been fully vetted by the legal
system and we will continue to explore our options with respect to how
we move forward from here.”

Novell, in a statement, said: “The court's ruling has cut out the core
of SCO's case and, as a result, eliminates SCO's threat to the Linux
community based upon allegations of copyright infringement of UNIX. We
are extremely pleased with the outcome.”

IBM did not respond to a request for comment before this story was
published.

SCO’s claims against Linux angered the passionate fans of the free
operating system, prompting pickets outside SCO’s offices and loads of
heated invective. Linux is arguably the biggest thing to happen in
computing in the past 20 years. Its fans are celebrating now.

-- 
Peace, Force & Joy!   Sudhir Gandotra.  +91-98101-20918 / +91-93124-65666

OpenLX : B-220/2, II-III floors, Savitri Nagar, New Delhi 110017
OpenLX Linux OS, Linux Training, Support, Services, Product Development
   Legal.Software @ Fractional Cost : http://openlx.com 
        http://kalculate.com - Linux based Accounting-Inventory


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