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by Franki

It isn’t exactly new news for Linux folks now, but for those that don’t know. SCO’s slander of title claim against Novell has been found in favour of Novell (and Novell have been found to have kept their Unix copyrights). Linux is for now, once again out from under the shadow of legal action. Anyone that delayed deploying Linux for fear of SCO may now go ahead, and anyone who bought one of their licences can now feel very silly and lament the loss of vast sums of money that was wasted.

For the most part, that is show over for SCO. They are going to try to continue by begging the judge to give them the copyrights since the APA said something to the effect of “copyrights as required”.

What SCO are hoping nobody notices, is that “copyrights as required”, intent wise, was referring to the copyrights that might be required in the general daily activities of an actual working Unix business (like oldSCO were for many years before Caldera and Darl Mcbride got involved). NOT the copyrights required by a company who’s only remaining business is trying desperately to find someone to sue for some code somewhere. SCO argued that the “intent” of the APA was more important than the wording. They don’t get to change that now and claim it the other way around. The Intent was never to provide copyrights simply for the purpose of creating a litigation business.

SCO have also said that they will continue to litigate the IBM case where they claimed among other things that IBM put code from Unix that SCO owned the copyright to (though we now know they didn’t) into Linux and thereby made it an awesome competitor that stole Unix’s market share. In 7 years I don’t believe SCO revealed any code they claimed was in Linux that belonged to them that wasn’t almost immediately found to be from free unencumbered sources. Obviously SCO can’t fight this any more since they have been found to not have the copyrights to Unix anyway. Instead they are going to continue on some contract issues. IBM have counter claims as well so it may well be that SCO leaves this world owing IBM some money as well as Novell and dozens of others. Special thanks to Groklaw for making sure that the inconsistancies in both SCO’s public announcements and those of the traditional media were pointed out and corrected thoughout this long saga.

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