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Darl McBride Takes the Stand In Novell v. SCO 138

Posted by timothy
from the utah's-own-information-minister dept.
UnknowingFool writes "Everyone's favorite CEO Darl McBride took the stand on Wednesday April 30 in Novell v. SCO. Chris Brown has posted his account on Groklaw of the 2nd day of trial. The first day's account can be found here. To refresh your memory in this ongoing case, Judge Kimball has already ruled that Novell owns the copyrights to Unix and has practically dismissed all of SCO's claims. This portion of the trial is about Novell's counterclaims that SCO never paid them the money from the Sun and MS deals. What is to be determined in this trial is how much of the money from the deals were for Unix licensing (SVRx) and how much were for SCO's server technology (Unixware)." (Read on for the rest, below.)
UnknowingFool continues:

"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).

Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).

The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."
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Darl McBride Takes the Stand In Novell v. SCO

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