Linked by Thom Holwerda on Wed 15th Aug 2007 21:37 UTC
Novell and Ximian In the wake of last week's ruling that Novell, and not SCO, controls the copyrights covering UNIX, Novell is reassuring Unix users that it has no plans to follow in SCO's footsteps. Given that the company is no longer in the business of selling UNIX, it has no reason to pursue any copyright claims.
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RE: Word is that Sun and OpenSolaris are in the clear
by glarepate on Thu 16th Aug 2007 02:06 UTC in reply to "Solaris"
glarepate
Member since:
2006-01-04

Word.

HP, too.

In fact that was unilaterally declared by Caldera management. It's not a rumor nor a common perception. It was a management decision and declaration.

Very early on in their slow death by self-initiated adversarial process Caldera declared that Sun and HP were granted immunity from attack because their code bases were "clean". No actual code review was ever done of their software and even after 5.5 years the only "infringing" code claimed by Caldera consists of header files and implementations of the Posix and UNIX(TM) conformance features. This was just one of many, many of Caldera's actions and inactions that helped convince me that there wasn't even a teacup for their alleged tempest to take place in.

They also said that no other OS was in the clear, be it MS, Apple, the BSDs or others because they all depended on concepts and implementations that originated in Unix, which they owned. No doubt many a mainframe and mini OS publisher found this highly amusing.

After Sun purchased a[n unauthorized] license buy-out and said they intended to create an Open Source Solaris Novell announced that THEY would have something to say about the open sourcing of any encumbered code. I never saw any public announcement that a discussion between them ever took place, but Open Solaris exists and Novell isn't suing anyone over it. Draw your own conclusions. At first some of Open Solaris was only distributed as binary modules due to encumberment. I haven't worked with it for a couple years now so I don't know if the encumbered code has been replaced with freely available stuff or not.

Calders/SCO's announcement in no way precluded Novell from initiating any lawsuits. They never had any right to make a decision on that at any time and the judge has ruled to that effect. Only Novell's Word that they don't intend to sue over Unix is a valid basis for saying that Sun, or anyone else, can't or won't be sued by them.

I looked at some of the discussion in the link you provided and I see that it has much good content and almost equally as much nonsense but nothing so outrageous as saying that a reseller of copyrighted works can sue end users over third party products that have no demonstrable connection to what they sell. RedHat's Lanham Act suit against Caldera is likely on infinite hold since the judge agreed to honor the request by both parties to wait until after the IBM case was heard to begin. There may not be a Caldera/SCO by the time the Novell hearings are finished this September.

Their stock closed up $0.02 at $0.38 today on a volume of under 800k shares. Last Monday nearly 6 million shares were traded, about a quarter of their issued stock, and they went from $1.56 to $0.44 at closing.

I have been gloating unrepentantly ever since.

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