Virtually Speaking

Dan Kusnetzky, Paula Rooney and Ken Hess

Novell wins again - the SCO Group didn't own UNIX copyrights

By | March 31, 2010, 3:07am PDT

Summary: Groklaw, a wonderful website that illuminates the exciting world of IT litigation in language even I can understand, recently offered a post Novell Wins Again - Jury Rules Copyrights Didn’t go to SCO that explains that the UNIX copyrights remained with Novell and didn’t go to the SCO Group. Novell also posted about this win [...]

Groklaw, a wonderful website that illuminates the exciting world of IT litigation in language even I can understand, recently offered a post Novell Wins Again - Jury Rules Copyrights Didn’t go to SCO that explains that the UNIX copyrights remained with Novell and didn’t go to the SCO Group. Novell also posted about this win here. This effectively shuts down the last efforts by the SCO group (Note: the SCO Group is not SCO - the Santa Cruz Operation) to threaten users or suppliers of Linux.

What’s not yet clear is if Microsoft and Sun (now Oracle) will engage the SCO Group to obtain a refund of the licensing fees they paid early on in this adventure in litigation land.

Although I’m no attorney, I never was able to understand the SCO Group’s theory that Linux was UNIX since the two were developed at different times by different people.

I’m sure that the open source community in general and IBM, Red Hat and several others in specific are very thankful to Novell for vigorously defending its rights.

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Daniel Kusnetzky is a distinguished analyst and the founder of the Kusnetzky Group LLC.

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Dan Kusnetzky

The Kusnetzky Group LLC is an independent technology industry research firm that focuses on system software, virtualization and cloud computing technology.

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Biography

Dan Kusnetzky

Daniel Kusnetzky, Analyst and Founder of Kusnetzky Group LLC, is responsible for research, publications, and operations. Mr. Kusnetzky has been involved with information technology since the late 1970s. Mr. Kusnetzky has been responsible for research operations at the 451 Group; corporate and marketing strategy for Open-Xchange; system software and virtualization research at IDC; and program and product management at Digital Equipment Corporation.; Today, Mr. Kusnetzky focuses on system software, virtualization technology and cloud computing.

Talkback Most Recent of 3 Talkback(s)

  • Microsoft won't pursue....
    Microsoft won't pursue a refund. If they sued, it
    would likely require publicly divulging specifics of
    the licensing deal with SCO, which in turn might
    reveal that that is all that they have to rely on in
    their strong-arm license deals with other players
    after Novell, like Tom-Tom.
    ZDNet Gravatar
    handydan918@...
    31st Mar 2010
  • Or they don't care, and people
    are just making something out of nothing in terms of "secret deals and conspiracies".
    ZDNet Gravatar
    John Zern
    31st Mar 2010
  • Don't care [about any imaginary refund]. There is no "or".
    They got more for the money they gave to The SCO Group than they could have gotten from acting on their own. And as a result they didn't need to run any risks, legal, PR, or otherwise.

    And regardless of whether there actually were any secrets or anybody imagining there were, there is no money to be gotten from The SCOmbags now anyway. They already can't pay their lawyers, their creditors or their stockholders. There isn't anything to make a refund from. It isn't even a pipe dream.
    ZDNet Gravatar
    Still Lynn
    31st Mar 2010

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