SCO vs. Novell; Novell wins.

[Jeffry Smith]

On Thu, Apr 1, 2010 at 4:11 PM, Jerry Feldman <gaf at blu.org> wrote:
> 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 :-)
>
I'll check Groklaw, but I don't see any sort of case now on those
issues.  All three are owned outright by IBM as the developer,
USL/Novell explicitly denied thier rights over derivitive code, Novell
(who owns the code according to this ruling), in accordance with the
APA, explicitly waived prosecution of IBM,.

Quick check - SCO is still claiming unfair competition, interference
in contracts, and interference in business relationships, based on
their last report on the case to the judge, after Judge Kimball ruled
for Novell (which it looks like this is the jury trial confirming) -
ref:  http://groklaw.net/pdf/IBM-1079.pdf

Of course, they have to prove those claims.