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[5]: expediting the process
by rm6990 on Sat 8th Oct 2005 20:24 UTC 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.

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