On mySimon: Remington Ms2-390 Electric Shaver
BNET Business Network:
BNET
TechRepublic
ZDNet

By Matt Hines
Posted on ZDNet News: Jan 13, 2004 10:21:00 PM

SCO Group and Novell began publicly airing documents related to their dispute over Unix copyrights--important factors in SCO's claim to intellectual property rights for the Linux operating system.

SCO's and Novell's documents offer details of the 1995 deal under which Novell sold its Unix business to SCO's predecessor.


Get Up to Speed on...
Open source
Get the latest headlines and
company-specific news in our
expanded GUTS section.


The documents also are the basis for SCO's current claims to Linux and Novell's belief that it can protect its customers from SCO's legal demands.

Lindon, Utah-based SCO is fighting with corporate users of Linux--and the software industry at large--and has engaged in a high-profile legal battle with IBM, all in an effort to establish its claim to fees for use of the open-source operating system.

SCO believes that Unix software was illegally moved into Linux and is demanding that companies that use Linux pay it license fees. Provo, Utah-based Novell is challenging the move by arguing it retains key Unix copyrights and offering legal protection for customers who buy its products, called SuSE Linux.

Both companies' Web sites now offer interested parties the opportunity to scrutinize the Asset Purchase Agreement from 1995, a crucial amendment to that contract.

SCO also released press materials issued when the company purchased its Unix assets from Novell. SCO asserts that the press release confirms that the company purchased the Unix intellectual property along with the Unix business and source code, among other things.

Novell released several recent letters to and from SCO regarding the auditing of SCO's use of Unix; Novell's assertion that IBM is permitted to release its enhancements to Unix as open-source software as long as it doesn't release the original Unix source code; and Novell's efforts to nullify SCO's move to cancel the Unix contracts of IBM and Silicon Graphics.

SCO believes that the Asset Purchase Agreement provided Novell with a Unix license, but under the condition that Novell use the licensed technology only for internal purposes or for resale in bundled and integrated products sold by Novell that do not directly compete with Unix products marketed by SCO. SCO further maintains that a Novell Linux offering violates that part of the agreement.

However, in late December, Novell, which bought Unix from AT&T before selling at least some of the intellectual property to a SCO predecessor, disputed SCO's claims of Unix copyright ownership.

Novell said the U.S. Copyright Office gave it copyright registrations for 11 versions of System V Unix. Legal action between the two companies is expected as a result of those claims.

SCO Group and Novell began publicly airing documents related to their dispute over Unix copyrights--important factors in SCO's claim to intellectual property rights for the Linux operating system.

SCO's and Novell's documents offer details of the 1995 deal under which Novell sold its Unix business to SCO's predecessor.


Get Up to Speed on...
Open source
Get the latest headlines and
company-specific news in our
expanded GUTS section.


The documents also are the basis for SCO's current claims to Linux and Novell's belief that it can protect its customers from SCO's legal demands.

Lindon, Utah-based SCO is fighting with corporate users of Linux--and the software industry at large--and has engaged in a high-profile legal battle with IBM, all in an effort to establish its claim to fees for use of the open-source operating system.

SCO believes that Unix software was illegally moved into Linux and is demanding that companies that use Linux pay it license fees. Provo, Utah-based Novell is challenging the move by arguing it retains key Unix copyrights and offering legal protection for customers who buy its products, called SuSE Linux.

Both companies' Web sites now offer interested parties the opportunity to scrutinize the Asset Purchase Agreement from 1995, a crucial amendment to that contract.

SCO also released press materials issued when the company purchased its Unix assets from Novell. SCO asserts that the press release confirms that the company purchased the Unix intellectual property along with the Unix business and source code, among other things.

Novell released several recent letters to and from SCO regarding the auditing of SCO's use of Unix; Novell's assertion that IBM is permitted to release its enhancements to Unix as open-source software as long as it doesn't release the original Unix source code; and Novell's efforts to nullify SCO's move to cancel the Unix contracts of IBM and Silicon Graphics.

SCO believes that the Asset Purchase Agreement provided Novell with a Unix license, but under the condition that Novell use the licensed technology only for internal purposes or for resale in bundled and integrated products sold by Novell that do not directly compete with Unix products marketed by SCO. SCO further maintains that a Novell Linux offering violates that part of the agreement.

However, in late December, Novell, which bought Unix from AT&T before selling at least some of the intellectual property to a SCO predecessor, disputed SCO's claims of Unix copyright ownership.

Novell said the U.S. Copyright Office gave it copyright registrations for 11 versions of System V Unix. Legal action between the two companies is expected as a result of those claims.

SponsoredWhite Papers, Webcasts, and Downloads

  • Talkback
  • Most Recent of 19 Talkback(s)
Schedule 6.3 "Change of Control" missing
It's very interesting that SCO failed to post Schedule 6.3 "Change of Control"

Section (c) on page 30-31 nulifies the sale if SCO sells out to certain companies listed on Schedule 6.3. It would... (Read the rest)
Posted by: jfalknor Posted on: 01/22/04 You are currently: a Guest | | Terms of Use
If SCO wants to publish, Why not start with details on what IP was stolen ?  Plain Logic | 01/13/04
Forget details....  doe_z | 01/13/04
Lame issue  Mike Cox | 01/13/04
Doesn't look good for Novell.  No_Ax_to_Grind | 01/13/04
Wasn't 1/12/04 the court's imposed "Put up or shut up" date for SCO ???  Plain Logic | 01/13/04
The Judge Gave The Order On Dec.05.03  afterbrnr | 01/13/04
Any "facts" to back up your opinion, Bit?  dscherf | 01/13/04
News release. Bitty is Darl's other brother.  NoB$ | 01/13/04
Why not?  MarcB_z | 01/14/04
Not that it helps SCO... But..  No_Ax_to_Grind | 01/14/04
Huh?  bgoss@... | 01/14/04
Doesn't Look Good for SCO.  Plain Logic | 01/13/04
Re: Those who back SCO will also suffer.  Eggs Ackley_z | 01/14/04
Who will suffer?  No_Ax_to_Grind | 01/14/04
business as usual  NemesisNL | 01/14/04
Legal actions required - to clear up  Chris.Papoudaris@... | 01/14/04
It doesn't matter  NemesisNL | 01/14/04
The claim they didn't know.  jpfitz@... | 01/14/04
Schedule 6.3 "Change of Control" missing  jfalknor | 01/22/04

What do you think?

advertisement
advertisement

White Papers, Webcasts, and Downloads

SmartPlanet

Click Here