SCO Group wins Unix copyright appeal

SCO Group wins Unix copyright appeal

Summary: SCO Group, whose six-year-old legal case arguing Linux infringes its Unix copyright won an appeal which overturned a ruling that Novell owned Unix copyrights - and paves the way for a trial.

SCO Group, whose six-year-old legal case arguing Linux infringes its Unix copyright hasn't been enough to keep it from bankruptcy court, nevertheless won an important victory in its case Monday.

A skeptical federal judge earlier had ruled that Novell had retained Unix copyrights when it sold its Unix business to the Santa Cruz Operation, a company whose Unix assets SCO Group later acquired. But the appeals court overturned that decision, based in part on a close reading of the Unix asset purchase agreement, sending the matter to trial for a decision. The appeals court did uphold a ruling that SCO owed Novell royalty payments, though, according to a 55-page filing.

SCO Group Chief Executive Darl McBride, who's been demonized by the Linux faithful, was happy with the decision. "Today is not the end of the war but it certainly is a key battle that we've won," he said in a statement in the Salt Lake Tribune. "Now it's time to move on to the next series of battles with our victory in hand."

This article was originally posted on CNET News.

Topics: Linux, Open Source, Operating Systems, Software

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.


Log in or register to join the discussion
  • I see M$ dirty fingerprints

    This BS decision is the result of M$ FUD and dirty money paid to SCO to continue annoying the FOSS and Linux in particular.
    Linux Geek
    • Prove it

      I bet you cant!
    • A loverock

      by any other name
      Viva la crank dodo
      • LOOK EVERYONE!!@(#@!! HE MENTIONS ME!!@#*#!!

        YAY!! He mentioned me he mentioned me! YAY!!
        Loverock Davidson
        • Congrats, your name is equated with 'male bovine manure'.

          This must be a high point in your life!
          • Ah...

            but my name is out there! :)
            Loverock Davidson
          • Is that sort of like King John, Henry or Lou (in the U.K.)?

            In case you have not picked this up yet, the reason the toilet is named after a king there (King John, King Henry or King Lou, perhaps others) was due to displeasure with the sitting monarch. It is also called a throne, Is this the sort of fame you wish to hold?
          • and...

            it became quite popular and is in every household today. It has become a necessity. So yes, my popularity is in a way like that. People mention me, they ask for me by name, they wait around for me. Its all uphill from here.
            Loverock Davidson
          • Ok Loverock, you aspire to be associated with a toilet?

            The toilet was not called a John, Henry or Lou (or even a throne) as a point of affection, but rather for disdain for the sitting tyrannical monarch of the time.

            The flushing toilet was invented in 1596, not by Thomas Crapper as most people think, but by Sir John Harington. Harington, a British nobleman and godson of Queen Elizabeth I, invented a valve that when pulled would release water from a water closet. Sir John recommended flushing the toilet once or twice a day, although with our modern technology, we know that is probably not sufficient. (Rumor has it that, in Robin Hood's day, King Arthur - angry with how his brother ruled the country while the King was gone, named fair toilette, 'the john' - AKA as 'the Jon' to you folks.)
          • Actually...

            It's called a John after it's inventor, loo comes from french, and I have never heard one called a Henry. Maybe that is just a local thing?

            Go here for more details.
          • @ BOFH

            [i]At least it is better than trying to mislead anyone who happens upon your posts to believing (for a fraction of a second, maybe) that you are an IT professional. We all know that is not true![/i]

            Like the way you are doing now by suggesting your opinion is fact? I'm not a Loverock fan, but you sir, are not helping.

            Now... on to more technical things...
        • Yes you are so popular

          Why not start your own blog?
    • You see wrong

      The Appeals Court determined that the case was too close to call, that it should not be determined by a single judge but by a jury.

      Remember what Pamela was writing all along as the trial progressed - that the judge was treading carefully to keep the books clean for appeal.

      Yep, this'll drag things out for those that care to watch. But business has long since moved on - Nothing to see here.
    • Guaranteed, guaranteed. The Redmond filth is determined

      to crush innovation and computing entirely.

      They're like a dictator that nukes the whole world if it doesn't have its every demand met.

      I can't wait until Microsoft die.
      • Yeah, the shear fact that Microsoft has nothing to do with this

        Means it must be born of MS scheming, yeah, the company with the huge OS marketshare is orchestrating this because it's scared of Linux. That makes so much more sense than a financially hurting ad desperate SCO doing this for their own survival and corporate greed.
        • Apparently you missed or forgot

          when MS paid SCOX $150M for some utterly worthless crap at the beginning of this whole suit, which went IMMEDIATELY to the legal department's operating costs.

          Are you really that much of an idiot, or do you just play one on the internet?
      • There is just one thing I want to know...

        I've met Mac, Linux, and other operating system people over the years, and those out there who HATE Microsoft so much, and blame them for all the worlds ill's.

        What I want to know, if you hate Microsoft so much, and blame them for all that is wrong in the world, then WHAT has Microsoft done to you, PERSONALLY (not to someone else, not to another company, not to the little furry creatures running around outsode) that has hurt you so much. What has Microsoft done to you that has taken money, food, joy, or anything else from you that hurt you so bad?

        Do I approve of their business practices? That's not what I'm questioning, but there are so many people out there who say that Microsoft is so bad, they deserve to be wiped off the map. So, what is it that they have done to each individual personally that each person hates them so?

        I've asked others that question before and they always start listing monopolies, buying technologies or other companies... well, take a look at Google people! To me, Google has become the NEW Microsoft...

        I'll sit back and wait for the flames to fire my way :)
    • I'm sure

      That you don't [i]mean[/i] to portray linux users as paranoid, brittle conspiracy theorists.
  • Was that before...

    or after you adjusted your tinfoil hat? Take your meds dude, it's for your own good.
  • More rich lawyers

    I read through the decision, and it's a tangled mess of weasel words. This has nothing to do with capitalism or free markets, it's a word game so that lawyers (and judges) can do nothing productive and get paid loads of money. It's sickening.

    So, SCO is in bankruptcy. IF they ultimately win ownership, what happens to the copyrights? Sold to the highest bidder to pay off debts? Transferred to the largest SCO debtor? Retained by SCO as a financial asset for continued operation?

    This will drag on for more years. In the meantime, Linux just keeps cranking away. I don't know of any corporate customers who even consider the copyright aspects of UNIX when making a decision to deploy Linux in their enterprise. Nor any of the hosting companies or cloud providers. Even less so for small business owners and private users.

    So in the end, it really doesn't matter to us.
    terry flores