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Novell Claims Ownership of UNIX System V
from the batter-up dept.
Bruce Perens writes:
"We knew that SCO's attack on Linux was a lie. But we never dreamed of the big lie behind it.
"This morning, Novell announced some of the terms of the company's 1995 agreement to sell its Unix business to SCO. The shocking news is that Novell did not sell the Unix intellectual property to SCO. Instead, they sold SCO a license to develop, sell, and sub-license Unix. The title to Unix copyrights and patents remains with Novell. To back up this assertion, Novell refers to public records at the Library of Congress Copyright Office and the U.S. Patent Office.
"In their announcement, Novell refers to recent letters from SCO asking Novell to assign the Unix copyrights to SCO. So, apparently SCO's management team knew that they did not own Unix while pursuing their sham campaign against Linux.
"Along with this revelation, Novell is reiterating its support of the Linux and Open Source developer community, and its status as a partner in that community. Novell rejects SCO's accusations of plagiarism. Novell management says they do not intend to stand in the way of the development of the Linux kernel, its companion GNU system, and other Free Software.
"It would be an understatement to say that this leaves SCO in a bad position. The company has loudly and repeatedly asserted that they were the owner of the Unix intellectual property, all of the way back to AT&T's original development of the system 30 years ago. They've lied to their stockholders, their customers and partners, the 1500 companies that they threatened, the press, and the public. Their untruthful campaign caused the loss of sales and jobs, and damaged Linux companies and developers in a myriad of ways. And now, SCO will be the lawsuit target. SCO's quarterly earnings conference call is this morning, at 9 AM MST (11 AM EST, 8 AM PST). Call 800-406-5356, toll-free, to participate. You might even get to ask a question. It should be fun to watch them try to weasel out of this one.
"Microsoft executives also have egg on their faces. The company self-servingly rushed to buy an SCO license one business day after the threat letter, bringing a senior attorney to the office on a Sunday to tell the press how much Microsoft values intellectual property. Microsoft's management could have taken the time to analyze SCO's claims, if the company had wanted this license for practical and technical reasons. Their decision to buy when they did must have been motivated by a desire to add to SCO's fear campaign. Of course they'll grab any opportunity to spread fear about Linux, but this time Microsoft bought a pig in a poke.
"SCO management, if they insist on standing in the way of a train, could still claim that software they developed in the years since 1995 is being infringed by the Open Source developers. That claim, always a dubious one, will be difficult to take seriously now that their prevarication throughout this campaign has come to light. SCO would be well advised to drop their suit against IBM in exchange for IBM's agreement not to counter-sue. But IBM might not feel that charitable toward SCO.
"In contrast to SCO, Novell's made a friend among the Free Software developers. We're always happy to see people using our software. But a real partnership between an IT vendor and our community is an equal partnership, with the company donating services and new software in exchange for the value it receives. Novell has already placed important software under Open Source licenses. Today, the company has done us a tremendous service, by stomping upon an obnoxious parasite."
Conference Call (Score:5, Funny)
Oh my god, you /.'ed the conference call.... You bastards! ;-)
Re:Conference Call - Don't do it (Score:5, Insightful)
You won't today be hearing a full-out apology to the OSS community, if ever at all. They might just quietly drop the whole thing while they figure out the next best lawsuit.
Colocated Linux Servers - From $60/mo [aktiom.net]
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Re:Conference Call - Don't do it (Score:5, Informative)
Bruce
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New Number and Code! (Score:5, Informative)
800-946-0719
they then ask for a code after a bit of a wait and will not connect without it.
Code is 728441
Enjoy the call!
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Re:New Number and Code! (Score:5, Informative)
Bruce
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Re:Conference Call - Don't do it (Score:5, Informative)
The SCO claim is that:
" In the last 18 months, we found that IBM had donated some very high-end enterprise-computing technologies into open-source. Some of it looked like it was our intellectual property and subject to our licensing agreements with IBM. Their actions were in direct violation of our agreements with them that they would not share this information, let alone donate it into open-source. We have examples of code being lifted verbatim.
And IBM took the same team that had been working on a Unix code project with us and moved them over to work on Linux code. If you look at the code we believe has been copied in, it's not just a line or two, it's an entire section -- and in some cases, an entire program. "
They don't actually say they own the code (in this excerpt), but rather, that they have licensed it to IBM. As I'm sure you know, there are often agreements made that allow corporations to sublicense works; although Novell owns the code itself, if they granted SCO the right to license it (as they apparently have), and SCO licensed it to IBM (as they apparently have), IBM is still responsible for using it legally.
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Re:Conference Call (Score:5, Informative)
http://biz.yahoo.com/cc/0/30510.html [yahoo.com]
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Finally (Score:5, Interesting)
Finally, SCO being put in its place. I just wonder why this took so long for Novell to bring up.
Re:Finally (Score:5, Interesting)
My feeling on that is rather simple, actually. They had to make for 100% damn sure that they were right in what they were gonna say to the public. They've probably dumped millions into lawyers over the past few weeks / months to make for SURE that SCO is / was wrong. THAT is probably what took so long.
Or maybe it's just they're not doing all that well since M$ took over the Network arena.
Oh... right, I forgot... M$ has been giving money to SCO...
Hmmm...
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Re:Finally (Score:5, Insightful)
It is called "Open fire with the main armament from point blank range".
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Re:Finally (Score:5, Interesting)
Because SCO's earnings call is THIS morning.
This isn't just a smackdown, this -- today's release, the Perens-for-the-Prosecution piece on Page One of SlashDot, along with the divulging of the Conference Call Phone Number (nice one, that!) -- is a highly-coordinated strike meant to drop a tactical nuke down their shorts. This is calculated to not just damage SCO but make their Corporate Headquarters a Dead Zone for the next Three Thousad Years.
Nice Work, everyone! Proud to be a small part of it, even if only as a witness.
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Re:Finally (Score:5, Interesting)
SCO's lawsuit against IBM does not involve patents or copyrights.
However, in the press release about the stock holder's conference call, they state this:
The SCO Group (NASDAQ: SCOX), the owner of the UNIX operating system...
Sounds like SCO is doing a little backpedaling in the Yahoo article. :-)
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Novell's press release (Score:5, Informative)
"SCO continues to say that it owns the UNIX System V patents, yet it must know that it does not. A simple review of U.S. Patent Office records reveals that Novell owns those patents.
"Importantly, and contrary to SCO's assertions, SCO is not the owner of the UNIX copyrights. Not only would a quick check of U.S. Copyright Office records reveal this fact, but a review of the asset transfer agreement between Novell and SCO confirms it."
Of course, this doesn't address the "source code theft" issues, but hopefully this will shut SCO up about the UNIX IP issues.
Full text of release (Score:5, Informative)
Novell Challenges SCO Position, Reiterates Support for Linux
PROVO, Utah -- May 28, 2003 -- Defending its interests in developing services to operate on the Linux platform, Novell today issued a dual challenge to The SCO Group over its recent statements regarding its UNIX ownership and potential intellectual property rights claims over Linux.
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."
"Novell has answered the call of the open source community," said Bruce Perens, a leading proponent of open source. "We admire what they are doing. Based on recent announcements to support Linux with NetWare services and now this revelation...Novell has just won the hearts and minds of developers and corporations alike."
Text of the letter from Novell to SCO:
Mr. Darl McBride
President and CEO
The SCO Group
Re: SCO's "Letter to Linux Customers"
Dear Darl:
As you know, Novell recently announced some important Linux initiatives. These include an upcoming NetWare version based on the Linux kernel, as well as collaboration and resource management solutions for Linux.
Put simply, Novell is an ardent supporter of Linux and the open source development community. This support will increase over time.
It was in this context that we recently received your "Letter to Linux Customers." Many Novell business partners and customers apparently received the same letter. Your letter compels a response from Novell.
As we understand the letter, SCO alleges that unnamed entities incorporated SCO's intellectual property into Linux without its authorization. You apparently base this allegation on a belief that these unnamed entities copied some UNIX System V code into Linux. Beyond this limited understanding, we have been unable to glean any further information about your allegation because of your letter's vagueness.
In particular, the letter leaves certain critical questions unanswered. What specific code was copied from UNIX System V? Where can we find this code in Linux? Who copied this code? Why does this alleged copying infringe SCO's intellectual property? By failing to address these important questions, SCO has failed to put us on meaningful notice of any allegedly infringing Linux code, and thus has withheld from us the ability - and removed any corresponding obligation - to address your allegation.
As best we can determine, the vagueness about your allegation is intentional. In response to industry demands that you be more specific, you attempt to justify your vagueness by stating, "That's like saying, 'show us the
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"you repeatedly asked us to transfer ownership" (Score:5, Interesting)
Re:"you repeatedly asked us to transfer ownership" (Score:5, Insightful)
I know your joking, but once a company lies to the court, fakes videos in court, and has dead people sending letters to the Attorney General of Utah, can you trust them not to do anything that's illegal?
Microsoft has proven without a doubt they are one of the most immoral, corrupt, and untrustworthy companies in the world. After their trackrecord of lies and illegal acts it really couldn't be a surprise to anyone that Microsoft was behind this whole thing.
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An interview with SCO CEO here (Score:5, Informative)
" In the last 18 months, we found that IBM had donated some very high-end enterprise-computing technologies into open-source. Some of it looked like it was our intellectual property and subject to our licensing agreements with IBM. Their actions were in direct violation of our agreements with them that they would not share this information, let alone donate it into open-source. We have examples of code being lifted verbatim.
And IBM took the same team that had been working on a Unix code project with us and moved them over to work on Linux code. If you look at the code we believe has been copied in, it's not just a line or two, it's an entire section -- and in some cases, an entire program. "
TV (Score:5, Funny)
W00t!!! (Score:5, Funny)
Proud Novell Admin, pimpin' to keep Bill in business.
Re:W00t!!! (Score:5, Informative)
You probably can support Novell by joining Novell Forge [novell.com] and helping write some opensource software.
Thanks Novell. First for UDDI and now for this.just don't change your mind.
Also this development begs the question "What exactly did Microsoft buy from SCO?"
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Unix (Score:5, Funny)
At this point, I'm not sure if I want it to be owned by everybody or by nobody, but at least being "owned" by two is better than by (a bad) one.
Only one possible response (Score:5, Insightful)
Like everyone else I got all got all pissed off with Caldera/SCO for their petty, vindictive & malicious behaviour. But now look at 'em... the management team will never work again in corporate America, the company will be bust quicker than you can say "busted flush", and the shareholders (if there's any justice) will be left with nothing. How hilarious!
Re:Only one possible response (Score:5, Insightful)
If only that were true. Unfortunately, private enterprise does a poor job of recognizing a loser manager when it sees one. Even if you take your company into the toilet, you've got experience and a bunch of connections to get that next job.
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SCO replies (Score:5, Informative)
The following statement is being issued by SCO (Nasdaq: SCOX - News):
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.
Re:SCO replies (Score:5, Insightful)
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Re:SCO replies (Score:5, Interesting)
Unless, of course, what SCO means by having the "contract rights" to Unix involves having the exclusive right to license the source (but if so, why didn't they say so?). And, how exactly would posessing the exclusive right to license be different from copyright itself?
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Re:SCO replies (Score:5, Interesting)
This wouldn't make it a copyright violation, but a contract violation that could have a serious ripple effect. We can't know until Novell or SCO releases the relevant terms of the contract.
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Re:SCO replies (Score:5, Insightful)
Funny, I thought "Contracts" were a method for doing business in good faith with people, not just something to be used for frivolous lawsuits....
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Number Changed (Score:5, Informative)
What did Microsoft buy ? (Score:5, Interesting)
And most importantly, how much did they buy it for ?
Re:What did Microsoft buy ? (Score:5, Interesting)
1500 threatening letters to companies using Linux. That amounts to a whole lot of Fear, Uncertainty and Doubt. SCO's claims don't have to be true to do the kind of damage the MicroSoft wants done to Linux. After all, didn't MS warn companies that they might get sued for using Linux? Convenient.
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Inquirer article includes text of Novell letter (Score:5, Informative)
Heh, I submitted this seemingly seconds before it was posted by Michael.
The press release link at Novell in the story appears to have been replaced with a blank page, at least for now. This story [theinquirer.net] at the Inquirer includes a copy of the letter that Novell's CEO sent to SCO's CEO Darl McBride. Good stuff.
does this remind anyone of wrestling? (Score:5, Funny)
Next week they'll be a tag match to determine the UNIX championship...in the cage!
hehe.... (Score:5, Funny)
IBM and SCO start out, with IBM teasing a test of strength, SCO begins, but gets scared and immediately tags in Microsoft.
Microsoft and IBM go at it, with Microsoft gaining the upperhand. IBM is almost down and out, when a diving tag in to Novell.
HOT TAG!
Novell clears house, and the crowd is going wild, SCO gets back up, and they start double teaming both until
CHAIRSHOT!
Bruce Pearns jumps out from the side, and knocks Novell out!
JIM ROSS: "OH MUH GOD! THEY'VE BEEN DOUBLE CROSSED!"
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Linux is safe, even if IBM is not (Score:5, Interesting)
eniac (Score:5, Interesting)
The exact same thing happened when Sperry (the company that bough Eckert and Mauchly's company, which made UNIVAC) was sued for rights to the ENIAC patent (that Mauchly and Eckert at the time held). No one had contested that Eckert and Mauchly had designed the first electronic computer, but instead had hooked onto details in the patent file. Ironically, IBM was in a very similar position as it is with the SCO/Linux problem. IBM has cooperated with open source to a great degree, just as it had licensed Eckert and Mauchly's products and was seen as a supported of the "dark side" by SCO, just as they were seen by those trying to strip E & M of their patents.
History really has a funny way of repeating itself
Have SCO stolen code from Linux ? (Score:5, Interesting)
SCO profit due to UNIX licensing (Score:5, Interesting)
Their stock price is down today, so maybe The Street finally sees that the reality of the situation is that their operating systems division is failing. It is ironic that SCO made a profit selling licences to something that Novell now claims it 'owns' but I really cannot make sense of this mess any more. So maybe I just misundersand how SCO can sell licenses to something that Novell opwns the copyrights to.
SCO Response Contradicts their own website! (Score:5, Insightful)
SCO is the owner of the UNIX Operating System Intellectual Property that dates all the way back 1969, when the UNIX System was created at Bell Laboratories. Through a series of mergers and acquisitions, SCO has acquired ownership of the patents, copyrights and core technology associated with the UNIX System
I.e. they're fucked.
Many kudo's to Bruce Perens for his obvious behind the scenes lobbying and to Novell for trying to pamper the community (hope they succeed, they're a cute, insignificant little friendly, furry, huggable company and deserve a profitable niche in todays market).
Stock Performance (Score:5, Interesting)
SCO 's Stock Performance [cnet.com]
I think it's high time that the SEC got involved here.
Novell? You listening? (Score:5, Interesting)
Re:real Unix owner (Score:5, Funny)
Will the real Unix owner, please stand up, please stand up...
or, "Who owns the code code to the Unix source? SCO does.
who me?
yes you.
Couldn't be
Then who?
Novell owns the code to the Unix source
who me?
Yes you.
continue...
Ah, shit, why don't we just call it all open source and be happy.
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Re:real Unix owner (Score:5, Funny)
May I have your attention please?
Will the real UNIX Owner please stand up?
I repeat, will the real UNIX Owner please stand up?
We're gonna have a problem here..
Y'all act like you never seen linux source code before
Jaws all on the floor like Bruce, like Linus just burst in the door
and started whoopin that SCO's ass worse than before
they were first with the source, throwin it over IBM (Ahh!)
It's the return of the... "Ah, wait, no way, you're kidding,
he didn't just say what I think he did, did he?"
And Novell Man said... nothing you idiots!
Novell Man's dead, he's locked in my basement! (Ha-ha!)
Kernel lovin men love Novell too
SCO UNIX, I'm sick of it
Look at them, walkin around suing users' you-know-what
Flippin the you-know-who, "Yeah, but he's so cute though!"
Yeah, SCO probably got a couple of screws up in the head loose
But no worse, than what's goin on in their corporate boardrooms
Sometimes, I wanna get on Slashdot and just let loose, but can't
but it's cool for Cowboy Neal to spread his lie caboose
"My source is on your lips, my source is on your lips"
And if I'm lucky, you might just give it a little kiss
And that's the message that we deliver to little kids
And expect them not to know what an OS's source code is
Of course they gonna know what linux sourse is
By the time they hit fourth grade
They got the Discovery Channel don't they?
"We ain't nothing but hackers.." Well, some of us are slackers
who cut other people open like smashed crackers But if we can hack a dead OS and take our source
then there's no reason that a man and his penguin can't recourse
But if you feel like I feel, I got the antidote
Men here wave anti-SCO flags, sing the chorus and it goes
I'm UNIX Owner, yes I'm the real Owner
All you other UNIX Owners are just lying loaners
So won't the real UNIX Owner please stand up,
please stand up, please stand up?
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Re:real Unix owner (Score:5, Funny)
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Re:Fire in the hole... (Score:5, Informative)
Bruce
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Re:Learn your metaphors - cat out of the bag!!! (Score:5, Interesting)
Thanks
Bruce
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Re:And.... (Score:5, Interesting)
SCO can sue IBM for breach of contract. IBM can lose. It'll not make a blind bit of difference to anyone except IBM and SCO and anyone else who signed a contract with SCO.
Anything generically aimed at Linux now is FUD.
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Re:And.... (Score:5, Informative)
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Re:SCO Statement on Novell's Recent Actions (Score:5, Interesting)
That's just pure unadulterated @#$!!. SCO sent out threatening letters to 1500 companies many of whom don't have contracts with SCO. If this case is about breach of contract then what in the heck is SCO doing intimidating these customers.
The fact of the matter is that SCO is simply trying to run up their share price so that SCO management can make a buck on the implosion of their company.
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Lying to their shareholders is an SEC Offense (Score:5, Interesting)
If this is true (and it almost certainly is
And, as others have pointed out, the civil damages and liability resulting from this fraudulant deception against SCO and those personally involved in the deception could well be quite staggaring. These people could well end up broke and in prison.
This, of course, assumes the government actually chooses to enforce the law this time. As we saw with the Microsoft Anti-Trust case, that is certainly not a given.
Regardless, however, it does vindicate GNU/Linux and free software in the extreme, and it does demonstrate the depths of depravity that Microsoft (who was quite transparently pushing this and financing it via a license they clearly weren't required to get) and its shills, such as SCO, will sink to.
The best revenge is living well, indeed, living better than those who have wronged you. Even if SCO were to get off scott free (unlikely), clearly, anyone running FreeBSD (which could theoretically have been targeted with a similiar FUD campaign) and GNU/Linux are living quite well (in the technical arena at least), certainly much better than the poor sops running Unixware and SCO, and arguably quite a bit better than those running the product of SCO's master in Redmond. We should take joy in that fact (but not let it slow down the counter suits and prosecutions from those who were more directly wronged by SCO's illegal and unconscionable behavior).
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