Linked by Eugenia Loli on Tue 18th Nov 2003 20:33 UTC, submitted by Alex Alvarez
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"It hasn't been mention here on OSNEWS but SCO is suing Novell for buying SuSE. Novell had a non compete agreemnet with SCO from the selling of Unix in 95. Selling Linux is definetly competing with SCO Unix."
The non-compete clause is a lot more narrowly written than that. One of the other sites (I think either Groklaw or Newsforge, not sure which) had a direct quote of the non-compete clause, which basically says that Novell cannot use the Unix source code as the _primary_ basis to develop products that compete with SCO Unix. If I understand it correctly, SCO would have to show that SuSE Linux is primarily based on Unix, _and_ that the code was obtained from Novell. Seems far-fetched to me.
Sure, SuSE competes with SCO, but so does every other operating system, and so does Netware, for that matter. I don't think they have a prayer of being able to make the non-compete clause stick.