By Richi Jennings
. June 11, 2010. Linux fans rejoice! The SCO v. Novell trial is over. Novell owns UNIX, Linux is unencumbered, SCO is penniless. In IT Blogwatch, bloggers dance on SCO's grave.
Your humble blogwatcher selected these bloggy morsels for your enjoyment. Not to mention flatulence facts...
(SCOXQ) (NOVL) (IBM) Ryan Paul breaks the news:
District Judge Ted Stewart rejected the company's motion requesting a new trial or judgement of law. ... Judge Stewart sided with a jury ... finding that Novell was the rightful owner of the UNIX SVRX copyrights. ... SCO failed to demonstrate that the jury's verdict contradicted the evidence presented in the case. Tom Harvey adds:
The ruling almost certainly means that SCO v. IBM will never go to trial. ... SCO has managed to stay alive for years despite its consistent losses in court. ... It's unlikely that the bankruptcy courts will allow SCO's charade to continue now that two judges and one jury have all concluded that SCO does not own the SVRX UNIX copyrights.
Coming just two months after a jury verdict that also favored Novell ... the decisions amount to another serious blow in a series of events that have threatened [SCO's] survival. ... Stewart declined to turn over copyrights of the Unix computer operating system to SCO after the jury found that Novell retained them in a 1995 sales agreement. Pamela Jones puts on her red dress (again):
The dispute began when SCO sued IBM in 2003. It said IBM had used Unix code owned by SCO as the basis for improvements that made the Linux operating system. ... SCO sued Novell the next year after Novell said it still owned the Unix copyrights and SCO's claims were improper. ... [SCO] argued that it had operated for years on the assumption it owned the Unix rights and that there was overwhelming evidence.
Novell's claim for declaratory judgment is granted; SCO's claims ... are denied. Also SCO's motion for judgment: ... denied. ... CASE CLOSED! ... The door has slammed shut on the SCO litigation machine. Ted Samson looks for a cloud around the silver lining:
A huge thank you to Michael Jacobs and the team at Morrison & Foerster, who ... showed that you can fight hard and win with ethics and dignity, and to Sterling Brennan of Workman|Nydegger. ... Thank you to Novell for fighting for Linux and not selling out. And thank you to you ... because we made a difference in this world.
Linux developers and users ... fearing they might be next on SCO's lawsuit docket can breathe a sigh of relief. ... Then again, SCO has proven itself a determined legal combatant. ... Further, an SCO spokesperson said back in April that SCO has other claims related to contracts that it could assert against IBM. Mike Masnick also sounds worried:
SCO claimed to own the copyrights on Unix, and sued IBM and some other Linux users ... though, it never actually showed any evidence. bi$hop hope$ against hope:
In theory, this should end the whole saga. The judge ordered that the case be closed. ... Will SCO give it up finally? Or will it somehow be reanimated yet again?
I really hope this is the last I ever have to hear about SCO. WrongSizeGlass offers this spelling lesson:
Well, just remember that you can't spell scourge of the earth without SCO. yo_tuco prepares his throwing arm:
My favorite McBride quote from a CRN Interview: And Finally... Facts about your farts [hat tip: Phillip Pi]
CRN: This lawsuit is very unpopular among many in the open-source community.
McBride: We're either right or we're not. If we're wrong, we deserve people throwing rocks at us.
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| || ||Richi Jennings is an independent analyst/consultant, specializing in blogging, email, and security. A cross-functional IT geek since 1985, you can follow him as @richi on Twitter, pretend to be richij's friend on Facebook, or just use good old email: email@example.com. |