Linked by Andrew Youll on Sat 8th Oct 2005 09:20 UTC, submitted by Yves R. Crevecoeur
IBM IBM has dropped its three remaining claims of patent infringement in a lawsuit against the SCO Group, which originally sued Big Blue in March 2003 over claims it broke a Unix licensing contract by moving technology to Linux.
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RE[3]: expediting the process
by Who is That on Sat 8th Oct 2005 15:45 UTC in reply to "RE[2]: expediting the process"
Who is That
Member since:
2005-07-02

I was pointing to the fact that SCO has IP that is valuable and is not a worthless company because they went broke on this suit.

Reply Parent Score: 1

RE[4]: expediting the process
by on Sat 8th Oct 2005 16:29 in reply to "RE[3]: expediting the process"
Member since:

I was pointing to the fact that SCO has IP that is valuable and is not a worthless company because they went broke on this suit.

That IP's ownership is in dispute with Novell. Even if SCO is found to own the copyrights (looks unlikely), it would own very few. Much of Unix came from BSD, and most of the Unix that went into BSD is no longer protectable. Also, other companies, such as Sun, own copyrights over SYSV.

In other words...open sourcing Unix, like you said in your last comment, isn't going to happen, excluding the code already in BSD.

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RE[4]: expediting the process
by on Sat 8th Oct 2005 17:00 in reply to "RE[3]: expediting the process"
Member since:

What "IP that is valuable"?

SCO bought a distributorship for UNIX from Novell. They own any changes that they've made since, but not the original code. Even the ownership of the original UNIX code is in doubt; see the BSD lawsuit for details. AT&T and Novell collected rent for UNIX because everyone knew that it was cheaper to pay than to go to court and sort out who owns what.

SCO also owns the Vultus products, but they've written that purchase off. So either that IP is worthless, or they lied to the SEC.

The old SCO had good sales channels, which is why Caldera bought that part of SCO. Existing customers could continue the UNIX business while it was gradually replaced with Linux. But the new management killed the Linux business and scared the hell out of the old UNIX customers, who are ALL at least making transition plans now. Many have already moved on, some have been sued by TSG, making it an obvious no-brainer that this is a company that it is dangerous to do business with.

Where are the SCO patents? Where are the SCO copyrights? For that matter, where is the evidence to support SCO's charges?

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RE[4]: expediting the process
by on Sat 8th Oct 2005 17:48 in reply to "RE[3]: expediting the process"
Member since:

To be fair Caldera, currently dba The SCO Group, does own UnixWare and all, if any, improvements made to it and the actual Unix codebase. The value of these things is debatable since their market share has shrunk down to near nothing and their improvements to the above are very near that same quantity and value.

On top of that they have further diminished the value of the mark by suing their customers and former customers and losing to them, either in effect or in actuality, thus making themselves the equivalent of mad dogs within their market space.

So, true, they are not a worthless company because they went broke in this lawsuit. They are a worthless company because they failed to add value to their products, initiated what appear to be frivolous or actually abusive lawsuits in pursuit of unearned wealth and have driven away their existing customers and most likely any new customers.

None of which adds any value to their [presumed] IP. This is a sad end to what was once one of the most stable and small business-friendly Unix distributions.

They do own the IP behind their "new" Me Inc (no period after Inc, since that would be illegal in many states) product which is a thin client front end to terminal based processes running on servers. This valuable IP was written down to zero shortly after they acquired it and is now being touted as a next great thing even though several other companies are way ahead of them in this space and still aren't making much money or getting much market penetration with it.

Reply Parent Score: 0

RE[5]: expediting the process
by rm6990 on Sat 8th Oct 2005 20:24 in reply to "RE[4]: expediting the process"
rm6990 Member since:
2005-07-04

To be fair Caldera, currently dba The SCO Group, does own UnixWare and all, if any, improvements made to it and the actual Unix codebase. The value of these things is debatable since their market share has shrunk down to near nothing and their improvements to the above are very near that same quantity and value.

Where is the Section 204(a) Copyright Transfer from Novell to Santa Cruz assigning them the copyrights to Unixware? Like SYSV, we have not seen one yet, and tSCOg has not presented one.

If that isn't enough, where is the copyright transfer from Santa Cruz to tSCOg? tSCOg did NOT aquire Santa Cruz, they just purchased some assets from Santa Cruz. Because of this, copyrights again would have to be explicitly transfered using a note of conveyance, something tSCOg hasn't been able to show. tSCOg has yet to show that they have any ownership interest in any code that they themselves did not write after aquiring Santa Cruz's Unix assets in 2001/2002.

In-fact, Judge Dale Kimball (the same one residing over the IBM case) didn't dismiss the SCO case against Novell because he felt that even though SCO had not presented a single piece of evidence that showed copyrights had been transfered, that they may be able to find one through discovery. He expressed serious doubts that based on the evidence he had seen thus far, that ANY copyrights had been transfered at all.

As for the people spouting off about patents in this case on this forum, take a good look at all of the "patents SCO owns" over at www.uspto.gov. As you will see, they own one single patent, which has absolutely nothing to do with an Operating System Kernel.

Reply Parent Score: 1