OSNews

You are wrong. The outcome of that case has nothing to do with Sun and OpenSolaris not matter how much you wish it to be. SCO is trying to fight Novell. Novell wants money from SCO and is claiming lost revenues because of SCO's deal with Sun and openSolaris. If SCO wins the appeal it is favorable for Sun and OpenSolaris.

You are arguing my point for me and you don't even know it. Sigh!

Wow, again not reading. I didn't say anything about SCO winning. All I said was that SCO appealed!

You said the case was thrown out! But it's not! Since it is in appeal and SCO can not pay then the back money Novell STILL has the right to get that money and who in the deal has the money??? SUN! Duh.

What is most likely going to happen (And why I put up the link about bankruptcy) is that SCO will go bankrupt before the appeal goes through and before Novell gets the money out of SCO!

As I said in the beginning it was a "Wild Card" But as everyone says:

"Thomas Carey, chairman of the business practice group at the Boston-based Bromberg & Sunstein IP law firm, describes the legal details like this: “As to Sun, SCO released Sun from a confidentiality obligation with respect to SVRX (System V Release X Unix) code when its contract with Novell did not permit it to do so without Novell’s permission. SCO did not seek or obtain that permission. This proceeding does not involve Sun as a party, only SCO and Novell. As between these parties, the court views the genie (the confidential information) to be out of the bottle, and the court can’t put it back in. It can, however, hold SCO liable to Novell for breach of contract (and/or breach of fiduciary duty), and it did so and found the damages for this breach to be $2.5-million.”

"What does this mean for Sun? Carey says, “In theory, Novell could sue Sun directly, but its chances of success would be slim. Furthermore, Novell is not interested in pursuing/developing SVRX, and is more interested in its reputation in the open source community. Its lawsuit against SCO was political — it got to wear the white hat. If it went after Sun because of OpenSolaris, it would wear the black hat. It is not likely to change hats now.”

http://practical-tech.com/operating-system/is-opensolaris-in-hot-wa...

"Section 10 of the 2003 Sun Agreement also sets forth SCO's obligation to indemnify Sun for any claim brought against Sun asserting that the Section 4 licensed technology infringes the rights of any third parties. Section 10 further provides that if the intellectual property rights in the technology become the subject of a claim of infringement, SCO shall ensure that Sun has the right to continue to use the technology or replace the technology to make it non-infringing. The provision has not been implicated or applied.

That tells me that Sun is not in any trouble. If anyone is in trouble, should Novell decide to do anything about this, which I doubt, it's SCO. The agreement included the indemnification of Sun, so that if anyone sues Sun, SCO has to step in and take the arrow.

Which is why I doubt Novell would do anything about it, since SCO is currently more or less flat broke, but we'll have to wait and see on that. If someday SCO's prince does come to save her with his wallet, it might change my analysis of what Novell may choose to do.

http://www.groklaw.net/article.php?story=20080729154916498&query=Op...

Novell probably wont sue BUT they still have the option to!