Novell raps SCO claims

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I read the transfer documents including the amendments

I'm not a legal eagle, but as far as I can tell, the amendments and so on specifically EXCLUDE transferring the copyrights of the code to SCO. And the name "UNIX" was seperately transferred to the body that determines something is UNIX or not, so the term "UNIX" is not owned by SCO.

What SCO did buy was the sole right to sell licences to use UNIX System V (and others from the AT&T stable). The licences they sell, or inherited the sale of include to Sun for Solaris, IBM for AIX, and others (are they used anymore? IRIX and so on).
They should supply Novell with a complete audit of everything sold every year, which apparently they haven't done, and they should also give Novell money for new licensees or something like that (95% I think).

In other words, as far as I can tell, instead of "owning UNIX" as they claim, the documents seem to support Novell's claim that SCO are in fact only administering already sold licences to Sun and IBM etc, and most of the profit for new licencees should go to Novell anyway.

They most certainly don't own "UNIX" in another way too: the UNIX standard and trademark (ie who can call something "UNIX") is owned by a seperate organisation (the Open Foundation?). UNIX System V is not UNIX, since there are other completely seperate implementations of the UNIX standard namely BSD, FreeBSD, OpenBSD, netBSD, and probably others. (Apple OSX is based on FreeBSD I think).

Also, IBM appear to have been sold a perpetual licence by AT&T prior to SCO buying the right to licence UNIX System V. Clearly, as no contract has replaced the AT&T one, SCO cannot revoke IBM's contract, and could only do so by IBM voluntarily giving up the right to the contract.

So it seems everyone is clear about everything apart from SCO, who appear to be either extremely confused, or trying to screw everything they can get out by trying to confuse matters.
I am really surprised this has been going on so long, bearing in mind the clarity and public availability of the contract between SCO and Novell.

Posted by: hipparchus   Posted on: 02/11/04 You are currently: a Guest | Members login | Terms of Use

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