Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

SCO is dead, SCO Unix lives on

By | April 14, 2011, 9:42am PDT

Summary: SCO, the anti-Linux, litigation zombie that would not die is finally dead, but it’s Unix operating systems: SCO OpenServer and UnixWare will live on.

SCO LogoSCO, the anti-Linux lawsuit monster is dead. There are still twitches left in the corpse in the bankruptcy court morgue, but when even Groklaw retires from the field, you know SCO’s as dead as a doornail. But, SCO’s Unix operating systems, OpenServer and UnixWare, will live on under the aegis of a new company, UnXis.

This has some people, including Pamela Jones, editor and founder of Groklaw worried that UnXis might follow in SCO’s lawsuit crazy tracks. “Targeting end users? Uh oh. That has a creepy sound, considering the heritage of SCO, if you know what I mean.”

I didn’t think anyone with a lick of sense would try to re-tread SCO’s hopeless lawsuits, but then I’d thought from the very start that SCO taking on IBM, et. al. in the courts was a suicidal move. So, I asked the UnXis’ CEO, Richard A. Bolandz, what his plans were.

Bolandz replied, “UnXis has no intention to pursue any litigation related to the SCO Group assets acquired by the company. We are all about world leadership in technology not litigation.”

“We acquired the intellectual property, the extremely loyal base of marquee customers in 82 countries worldwide a world class engineering team and a rock solid product on which kernel all new systems will be built. There is no place for litigation in our vision or plan,” Bolandz continued.

That sounds great to me, and I know it’s what Ms. Jones wanted to hear as well. But what intellectual property (IP) is that? The Novell/SCO litigation proved once and for all that Novell, and not SCO, owned Unix’s IP .

Bolandz said, “The bankruptcy court has struck down the objections of Novell and awarded UnXis under the asset purchase agreement (APA) the intellectual property and all assets necessary to run the business. As mentioned above we are reaching out to Novell to partner with us as we see our products as complementary rather than competitive and to cross sell products and services for the good of both our customer bases and the entire market.”

OK, that’s not the same thing as Unix’s IP. The SCO bankruptcy court let UnXis sub-license the Unix source code without paying Novell for what SCO owed on it.

Novell, which is the process of being sold to Attachmate, can’t be happy about this judgment. UnXis, which couldn’t sell OpenServer or UnixWare without this decision, must be pleased. On the other hand, in the long run UnXis must arrive at a good working relation with Novell or somewhere down the road. Without an agreement, eventually UnXis won’t be able to sell either Unix operating system.

There’s also the question of the Unix trademark. But, as reported in Groklaw, The Open Group, which owns the Unix trademarks, doesn’t foresee any problems with UnXis using the Unix or UnixWare trademarks.

In an e-mail, Meryl Schlachterman of The Open Group wrote, “Under a Trademark Licensing Agreement with The Open Group, SCO is licensed to use UNIX and UnixWare which are registered trademarks of The Open Group in the U.S. and other countries, a fact acknowledged by SCO on its website.”

“The acquisition of SCO’s operating assets and transfer of its operating systems and software solutions business to UnXis will mean that an assignment and transfer of the TMLA from SCO to UnXis will be required for such rights to pass. We anticipate that this transfer will be successfully concluded in the very near future,” she concluded.

OK, so UnXis isn’t going to pursue SCO’s fruitless legal strategy of the last few years and they seem to be getting their Unix IP ducks in a row, so what are they going to do?

Page 2: [UnXis' SCO Unix Plans] »

Topics

Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system

Disclosure

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols is a freelance writer. He does not own stocks or other investments in any technology company.

Biography

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system; 300bps was a fast Internet connection; WordStar was the state of the art word processor; and we liked it!

His work has been published in everything from highly technical publications (IEEE Computer, ACM NetWorker, Byte) to business publications (eWEEK, InformationWeek, ZDNet) to popular technology (Computer Shopper, PC Magazine, PC World) to the mainstream press (Washington Post, San Francisco Chronicle, BusinessWeek).

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They may hold on to the existing cutomer base if they do a good job, but we replaced our SCO UNIX boxes years ago. Our Red Hat replacements are running beautifully. So well, in fact, that we are now replacing our Sun Solaris UNIX boxes as they go end-of-life with new RHEL hosts.

Sadly Darl & his parasitic buddies have forever sullied the once golden SCO name, and I can't see anyone willing to jump into a new relationship of any kind with it's descendants -- however well meaning they may be.

Regards,
Jon
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RE: SCO is dead, SCO Unix lives on
SlithyTove 14th Apr 2011
SCO Unix lives on?

I would think it's more a kind of zombie shuffle, replete with sloughing skin and decaying flesh at this point.

But I applaud their decision not to try and eat anyone's brains in the process.

Best of luck to them.
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X/Open had a bit more to say
mike@... 14th Apr 2011
X/Open's reply to me when I emailed them to let them know the claims that Unxis was making over the Unix trademark included the phrase "In the meantime, we are requesting UnXis to clarify and correct its press release that misstates the matter of trademark ownership"
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That's all well and good, but ...
jscott69 15th Apr 2011
I honestly can't imagine anyone who'd be willing to take a chance on SCO products now, which have languished with only meager updates and attention for the last 8-10 years. Frankly, SCO was so focused on its farsical lawsuit that it let its crown jewels -- the inappropriately-named OpenServer and UnixWare -- go to waste.

They were good products once. But now they're outdated and lots (and LOTS) of "baggage" that will likely prevent companies from taking a chance on them, especially since Linux has matured so well, as have other options from Sun, HP, IBM, etc.

BTW, as for the "is there a future for Unix on x86" question ... three words: Mac OS X. Numbers-wise (and regardless of how folks feel about it) it's the most successful Unix platform available ... or "ever", for that matter.
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@jscott69
For desktops maybe - not for servers.
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What an SCO UNIX?
Robert Hahn 15th Apr 2011
The thing about SCO UNIX is that it is sold by a network of very loyal VARs who are all tightly focused on a vertical market. The average company that buys SCO UNIX never heard of SCO, never heard of UNIX, and doesn't care about either. They are buying "HVAC Wizard" [I made that one up] or something like that... a highly-regarded package for heating & air conditioning contractors that has a thousand happy customers. The software vendor has been in business for twenty years. That's who's out there selling SCO UNIX. They're happy, they aren't going anywhere, and they are so entrenched in their vertical that they will continue to grow and get new customers.

This is probably the best news the SCO VARs have had since the Santa Cruz Operation sold the business to Darl and The Thugs.
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@Robert Hahn
Are there any SCO VARs left?
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RE: SCO is dead, SCO Unix lives on
dontfear 17th Apr 2011
@Robert Hahn I can see it now: "HVAC Wizard -- we Suck Gigantically".

I thought I'd read on GrokLaw that McDonalds used SCO for their POS computers or something.

The thing is, Linux runs on many more architectures, including very economical & low-power ones (think: ARM, Loongson) so it's probably a bit cheaper to build a "HVAC Wizard" with a cheap ARM chip inside running Linux instead of an i386 or amd64 running SCO UNIX.
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RE: SCO is dead, SCO Unix lives on
grahamc2 16th Apr 2011
The demise of SCO Unix is a good lesson to any company; don?t let lawyers make major decisions in a technology company.

http://grahamsblog4444.blogspot.com/
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What a mess
keith-35 18th Apr 2011
Unix has been a bit of a mess since the break up of AT&T. This is one more sad tale in the ongoing saga of Unix, but I couldn't see this ending any other way.

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