Linked by Eugenia Loli on Tue 18th Nov 2003 20:33 UTC, submitted by Alex Alvarez
SCO, Caldera, Unixware "Since they cannot show infringement of SCO Unix code, SCO now plans to challenge the 9-year-old settlement between AT&T and BSD. If it can successfully do that, then its claims that Linux contains tainted code can be substantiated. If it can't, SCO is dead meat." Says NewsForge. *Updated*
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The Truth About the Non Compete
by Anonymous on Wed 19th Nov 2003 00:15 UTC

The truth about the non-compete is that there is no Non Compete Agreement in the traditional sense. (Generally, a non compete agreement is a contract in itself.) However, there is a tiny clause that reads:

"Seller agrees that it shall use the Licensed Technology only (i) for internal purposes without restriction or (ii) for resale in bundled or integrated products sold by Seller which are not directly competitive with the core products of Buyer and in which the Licensed Technology does not constitute a primary portion of the value of the total bundled or integrated product."

Again, this isn't a non compete agreement; this clause refers to how Novell uses the code being licensed. This would not only require that Linux is PRIMARILY System V which is ridiculous (even SCO has primarily focused on core features added to Linux, not the whole of it), but would apparently actually require that Linux was the code BEING LICENSED by SCO at the time.

Not only that this agreement was between the Old SCO and Novell, and it is not clear that Novell would be held a party to an agreement with a company that no longer exists.