Linked by Thom Holwerda on Thu 14th Feb 2008 21:06 UTC
SCO, Caldera, Unixware Having almost disappeared completely late last year, SCO says it has been resuscitated by a new financing plan. Under the terms of the deal, Stephen Norris Capital Partners and "its partners from the Middle East" will supply up to $100 million, enabling SCO to reorganize and launch a new series of products. SNCP will gain a controlling interest in the company, and take it private, allowing it to slip out of Chapter 11 bankruptcy protection. Update: As part of the reorganisation, Darl McBride will be let go. Buried in the proposed MOU (Memorandum of Understanding) between Unix vendor and Linux litigator SCO and SNCP is the note that "upon the effective date of the Proposed Plan of Reorganization, the existing CEO of the Company, Darl McBride, will resign immediately."
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" They lost the previous cases and then filed for bankruptcy protection just before Novel/IBM etc. were able to seek damages."

The IBM case never got concluded, that still has to go through the system first.

" It was determined that Novel is the rightful owner of UNIX."

No it wasnt,

***The court found that Santa Cruz did obtain ownership and licensing rights to UNIX and UnixWare but that the pre-1996 copyrights were excluded.***

Translation: There are still appeals and other legal matters to sift through so that we can come to a conclusion. Novell holds copyrights to UNIX making them a copyright holder, not a owner of the UNIX system, that is the reason Novell just cant open source UNIX.

" So they now have the right to appeal the former cases and go back to court, but due to bankruptcy protection they are protected from having to pay Novell?"

They actually dont have to pay Novell anything until all appeals and other legal matters are done. So once again whether SCO wins, whether SCO loses its just a longer waiting game.

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