[CLUE-Talk] Laughing my a** off

Jef Barnhart jef at batky-howell.com
Wed May 28 11:41:24 MDT 2003


You guys will love this.
http://linuxtoday.com/infrastructure/2003052801226OSBZLL

So what is it about? first it was reported that it was copywright and
IP. 
http://news.com.com/2100-1016_3-999371.html?tag=fd_lede1_hed 
 "We're finding...cases where there is line-by-line code in the Linux
kernel that is matching up to our UnixWare code," McBride said in an
interview. In addition, he said, "We're finding code that looks likes
it's been obfuscated to make it look like it wasn't UnixWare code--but
it was."

http://www.vnunet.com/News/1140919 
"In March SCO began a lawsuit alleging that IBM was misappropriating its
Unix code."

Then Novell comes out to say.
http://theregister.co.uk/content/4/30910.html > Best I can do right now.
"Novell challenged SCO's assertion that it owns the copyrights and
patents to UNIX System V, pointing out that the asset purchase agreement
entered into between Novell and SCO in 1995 did not transfer these
rights to SCO."

Now they are saying it was not about that but that it is about breach of
contract. (link at top.)

Jef

###

 PR: SCO Responds to Novell Claims
May 28, 2003, 14 :00 UTC (15 Talkback[s]) (3580 reads)

SCO owns the contract rights to the UNIX operating system. SCO has the
contractual right to prevent improper donations of UNIX code, methods or
concepts into Linux by any UNIX vendor.

Copyrights and patents are protection against strangers. Contracts are
what you use against parties you have relationships with. From a legal
standpoint, contracts end up being far stronger than anything you could
do with copyrights.

SCO's lawsuit against IBM does not involve patents or copyrights. SCO's
complaint specifically alleges breach of contract, and SCO intends to
protect and enforce all of the contracts that the company has with more
than 6,000 licensees.

We formed SCOsource in January 2003 to enforce our UNIX rights and we
intend to aggressively continue in this successful path of operation.

UNIX is a registered trademark of The Open Group Linux is a registered
trademark of Linus Torvalds.

###

On Wed, 2003-05-28 at 07:19, Joe 'Zonker' Brockmeier wrote:
> The SCO case just got a little less solid... Novell has stepped up to
> say that they own any copyrights related to Unix and they're not
> interested in pursuing any claims against Linux:
> http://biz.yahoo.com/prnews/030528/sfw032a_1.html
> 
> 
> First, Novell challenged SCO's assertion that it owns the copyrights and
> patents to UNIX System V, pointing out that the asset purchase agreement
> entered into between Novell and SCO in 1995 did not transfer these
> rights to SCO. Second, Novell sought from SCO facts to back up its
> assertion that certain UNIX System V code has been copied into Linux.
> Novell communicated these concerns to SCO via a letter (text below) from
> Novell® Chairman and CEO Jack Messman in response to SCO making these
> claims.
> 
> "To Novell's knowledge, the 1995 agreement governing SCO's purchase of
> UNIX from Novell does not convey to SCO the associated copyrights,"
> Messman said in the letter. "We believe it unlikely that SCO can
> demonstrate that it has any ownership interest whatsoever in those
> copyrights. Apparently you share this view, since over the last few
> months you have repeatedly asked Novell to transfer the copyrights to
> SCO, requests that Novell has rejected."
> 
> "SCO claims it has specific evidence supporting its allegations against
> the Linux community," Messman added. "It is time to substantiate that
> claim, or recant the sweeping and unsupported allegation made in your
> letter. Absent such action, it will be apparent to all that SCO's true
> intent is to sow fear, uncertainty, and doubt about Linux in order to
> extort payments from Linux distributors and users."
> 
> 
> This is wonderful... 
> 
> Zonker
> -- 
> Joe 'Zonker' Brockmeier
> jzb at dissociatedpress.net
> Aim: zonkerjoe
> http://www.dissociatedpress.net
> 
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