Error: I'm afraid this is the first I've heard of a "trackback" flavoured Blosxom. Try dropping the "/+trackback" bit from the end of the URL.

Sun, 12 Aug 2007

SCO PSJ

A quick recap:

SCO is the company that sued IBM for billions of dollars, claiming that Linux violated some of their UNIX copyrights. Then they sued Novell for saying that the copyrights in question actually belong to Novell. Redhat sued SCO, more or less for slandering Linux. And SCO sued some of their own customers, more or less for switching from SCO UNIX to Linux and claimed that all Linux users should pay them lots of money for the copyrighted material that was supposedly in Linux. There were also counterclaims all over the place.

After years of litigation SCO was never able to identify the copyrighted material of theirs that was supposedly in Linux.

On Friday the judge in the SCO/Novell case (same judge as for SCO/IBM) published a 110 page Preliminary Summary Judgment that Novell did own the copyrights, and decided a number of other contractual questions in Novell's favor as well. See the Groklaw report for more details.

SCO's claims against Novell are basically gone. Novell's counterclaims mostly stand, including one for conversion (i.e. theft) of license fees that SCO should have handed over to Novell.

SCO probably doesn't have the cash to pay the license fees that were withheld, much less damages asked for in Novell's counterclaims.

SCO's side of the IBM case mostly falls apart because if they didn't have the copyrights, they had no standing to sue. Some of IBM's counterclaims don't make sense any more, but others (like a Lanham act claim that SCO was engaged in the business equivalent of libel) become basically a slam-dunk.

This coming week could be very entertaining as the repercussions of the PSJ begin to take effect.

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