SCO vs. Novell; Novell wins.

[Jerry Feldman]

On 03/31/2010 11:37 PM, Jeffry Smith wrote:
> Well, Red Hat sued them, so they can't make that go away, and the main
> thing left in the IBM case is the IBM counterclaims.  Whether they're
> liabilities or not (and they're major liabilities), the decision to
> stop them doesn't reside with TSCOG any more.  I don't think either
> Red Hat or IBM are interested in settling.  IBM could have bought
> TSCOG (which is probably what they wanted to begin with).
>   
I know that Red Hat did sue TSCOG, but right now, it is up to the
bankruptcy court. Not sure what would happen to these suits if TSCOG
were to go chapter 7. But, the IBM case is not just counterclaims, it is
still the contract issue, and that has not been adjudicated. Now since
the copyright issue has been resolved as well as the Novell royalty
claims, IBM and or Red Hat could petition for a lifting of the stay. But
there could be more interesting stuff. Remember that when Darth tried to
sell TSCOG to to his buddies in the York Galaxy, the litigation would
have been pursued by the buyer. And basically, the court has not ruled
on the 3 derivatives that IBM contributed to Linux. IBM must prove that
either the derivative clause itself does not apply or that it does not
apply to SMP, NUMA, and JFS. In any case, we've essentially eliminated
the SCO vs. Novell from the mix (unless by some idiocy, TSCOG decides to
appeal). I think TSCOG should sue Kevin and Darl McBride :-)



-- 
Jerry Feldman <gaf at blu.org>
Boston Linux and Unix
PGP key id: 537C5846
PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB  CA3B 4607 4319 537C 5846


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