Free Newsletters
Technology & Business Daily

InfoWorld
Log-in | Register

SCO says it's down but not out in Linux case

Threat to Linux posed by SCO has been severely diminished, but SCO notes not all its claims were dismissed and hints it might file an appeal


The SCO Group acknowledged being dealt a significant blow Friday in its lawsuit against Novell but indicated that it may not be done fighting yet.

In a short statement posted to its Web site over the weekend, SCO said it was "obviously disappointed" with Friday's district court ruling, but it noted that parts of the case are not yet resolved and hinted that it might file an appeal.

"Although the district judge ruled in Novell's favor on important issues, the case has not yet been fully vetted by the legal system, and we will continue to explore our options with respect to how we move forward from here," the company said.

A U.S. district court judge ruled Friday that SCO does not own the copyrights to the Unix operating system, undermining its cases against both Novell and IBM. SCO had sued IBM for unfairly using parts of the Unix code in Linux and later sued Novell when it asserted that it was the rightful owner of the Unix copyrights.

Friday's ruling was seen by many as the death knell in SCO's legal fight. The court told Novell that it could now direct SCO to revoke its copyright-infringement claims against IBM. And it told SCO that it must pay Novell most of the license revenue that SCO secured from Sun and Microsoft for their use of Unix technologies.

"The court's ruling has cut out the core of SCO's case and, as a result, eliminates SCO's threat to the Linux community based upon allegations of copyright infringement of Unix," Novell said on Friday.

Friday's ruling addressed several motions for summary judgment filed by each party. Outstanding claims will be addressed at trial, which is scheduled for Sept. 17 according to court documents.

SCO didn't say exactly how it would proceed but noted that not all of its claims were dismissed. Issues that remain include its accusation that Novell violated a non-compete clause between the companies that was part of a 1995 technology license agreement. Novell argues that the clause merely limited the terms of its license.

Despite the outstanding claims, observers seemed to agree that the threat to Linux posed by SCO had been severely diminished. SCO had been threatening legal action against companies using Linux if they did not agree to buy licenses from SCO to do so.

"Following this ruling, it looks as if SCO's case against IBM is all but over, and CIOs can continue with their Linux adoption plans without any further fears -- at least as far as this issue is concerned," Ovum analyst Ian Brown wrote on Monday morning. "This issue should no longer influence even the most cautious user in their selection of operating system and software stack."

This story was updated on August 14, 2007


Talkback:

commentPost a Comment

 

MOST COMMENTS

 
 





Remote Access: Maintain Security and Decrease the Burden on IT
Join this interactive webcast to discover how IT Managers can control access rights, end-user security settings and end-point authorization. Sponsor: Citrix(R) GoToMyPC(R) Corporate

»  Click here to view this Webcast
  Zombie PCs Are Attacking Your LAN
A recent study showed that malware-infected zombie PCs are now a bigger threat to ISPs and Web infrastructure than DoS attacks. As this brand new IT Strategy Guide explains, an increased use of peer-to-peer techniques by the attackers has made it harder to fight back. Download now, compliments of Verio:

»  Click here to download now

- Special Advertising Partners -
WHITE PAPERS
 

» Technology White Papers Library

Technology White Papers by Topic

Technology White Papers E-mail Alert

Find out when the latest white paper is available:
 
 
INFOWORLD MARKETPLACE
 
» BUY A LINK NOW
 
 

Video

 
 
 

Podcasts

 
 
 

 

Columnists

 
 
 

Resource Center


Ads by techwords beta  [See your link here]
 




Sponsored Technology Links

 
 
 HOME  NEWS  BLOGS  PODCASTS  VIDEOS  TECHNOLOGIES  TEST CENTER  EVENTS  CAREERS   About | Advertise | Awards | RSS | Contact Us 

Copyright © 2008, Reprints, Permissions, Licensing, IDG Network, Privacy Policy, Terms of Service.
All Rights reserved. InfoWorld is a leading publisher of technology information and product reviews on topics including viruses,
phishing, worms, firewalls, security, servers, storage, networking, wireless, databases, and web services.

CIO :: ComputerWorld :: CSO :: Demo :: GamePro :: Games.net :: IDG Connect :: IDG World Expo
Industry Standard :: IT World :: JavaWorld :: LinuxWorld :: MacUser :: Macworld :: Network World :: PC World :: Playlist