Linked by Thom Holwerda on Tue 30th Mar 2010 22:32 UTC, submitted by aaronb
Legal It's time for bed over here, but before I turn in with a nice cup of tea and a Gilmore Girls episode, we've got some good news for you: SCO has been dealt yet another major blow in its baseless lawsuit against Novell. A jury has ruled that Novell owns the UNIX copyrights - not SCO.
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RE: Comment by kaiwai
by lemur2 on Wed 31st Mar 2010 10:03 UTC in reply to "Comment by kaiwai"
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This does raise an issue for all those organisations who have paid SCO for IP in the past; Microsoft and Sun are two organisations that I know of who have paid SCO for IP that they believed SCO owns. Could we see Microsoft and Sun (now Oracle) sue SCO for deliberately misleading as so far as selling something that was never owned by them in the first place.

Microsoft and Oracle would have to wait in line behind Novell, IBM and Red Hat.

Novell: SCO fraudulently kept Novell's money (when it sold Unix licenses to Microsoft and Sun).

IBM: SCO distributed IBM's copyright software (in Linux) without a license (because with its SCOSource initiative, SCO repudiated the GPL).

These counter-claims are almost slam-dunk given the terms of the GPL, given that SCO did distribute a Linux distribution, and given that SCO have no patents and no copyrights covering the code in question.

Red Hat: has a seven-year-old Lanham Act claim against SCO:

Red Hat's case against SCO is a complaint that SCO fraudulently disparaged the good name of Red Hat's product (Linux).

This case, too, is a slam-dunk, given that there is no Unix code in Linux.

SCO are in deep, deep doo-doo.

Edited 2010-03-31 10:05 UTC

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