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SCO: The zombie flick's final scene

You know zombie movies. You chop 'em. You set 'em on fire. You machine-gun 'em and they just keep coming.

They're scary at first, but then, except for the very best zombie movies - Night of the Living Dead, 28 Days Later - the zombies get to be pretty darn boring. SCO, the zombie that wanted to gack Linux, had gotten to be really, really boring.

But, even the longest zombie film finally comes to an end, and it looks like SCO's day has finally come to a close. On July 16th, Judge Dale Kimball of the U.S. District Court ruled in Novell's favor in SCO vs. Novell.

It wasn't a complete victory for the good guys. But, hey in any zombie movie, you know there will be a lot of collateral damage. SCO did lose all the important points and now the bankrupt company is left owing Novell $2.5-million.

The SCO legal horror show probably isn't completely over yet. Some idiot always wants to do a sequel, but this is the end of the main saga. Novell owns Unix. SCO doesn't. SCO is in bankruptcy. This is the end of the story. Oh, and for the spinoff, we have the possibility of Novell vs. Sun since, according to the judge; SCO never owned the IP rights to the Unix that it sold to Sun, which Sun then turned into part of OpenSolaris.

Whoops.

That's a story for another day and one more obstacle that Sun will need to overcome.

For now, I just want to sit back and go 'Finally!"

Related Blog:

IT Blogwatch: SCO: the gift that keeps on giving

In which a bankrupt SCO owes Novell $2.5 million, but vows to fight on. [read more]

I have been covering SCO and its legal battles against Linux from the very beginning. Actually, since I had already been covering SCO, Caldera, Linux, and Unix before SCO's ownership, the Canopy Group, decided it was a smart idea to sue IBM -- the idiots -- I was covering this mess before it even existed.

I'll take my hat off to Pamela Jones of Groklaw, who knows this case better than anyone else on the planet, but other than her, I'm certain I've spent more time and energy covering the SCO saga than anyone else. And, let me tell you, I hated this movie from day one.

SCO may have managed to fool some people into thinking it had real evidence that Linux had infringed on Unix. I knew that it didn't. I knew that once SCO decided to makes it case against IBM about Linux, instead of the much smaller issue of 64-bit Unix and Project Monterey, the end of this horror movie was already pre-ordained.

The surprise twist was that it was Novell instead of IBM making the final shot. So, while there still may a twitch or two left in the SCO zombie franchise, this court decision is the real final chapter.

Thank goodness. I was more than ready to leave the theater after watching this zombie movie for years.

Oh, and Ballmer, in case you have any idea of trying out your horror flick about Linux, the one with all the patent devils, just remember what happened to SCO. You might also want to keep in mind that the ending of your patent FUD has also already been written. Some of us do remember that the source for your "Linux contains x number of patents violations" already said you got it wrong almost four years ago.

It's not so much that I don't want you to make any more mistakes Mr. Ballmer. I know you'll make lots. It's just that I really don't want to spend the next few years of my life writing out in detail how yet another doomed legal attempt to stop Linux comes to a horrible ending. I've already sat through this movie with SCO. I don't want to it again.

What People Are Saying

I'm not going to lament SJVMs coverage.

There has been a lot of coverage of the issue and most of what I've found over the last 4 years was from other sources. Still, we have been on the same page.

The SCO farce was just another attempt for some lawyers to play the big-behemoth-against-us-little-guys race card using the totally inept judge or jury that is common in our legal system. Thankfully, Judge Kimball knew what the "internets" was and ruled wisely which wasn't what SCO expected. Kimball saw what SCO was, just another patent whore. A company that worked on something that they never sold or successfully marketed and then claimed they owned it because they think they had someone work on it for a few weeks thus making them the owners of the idea.

The fact is, SCO was given the choice of buying Linux and Unix exclusive distribution package rights from Novell or just buying franchise rights. SCO chose the latter. SCO never did anything with Linux except claim that they owned it after that.

SVJN is right on on this one. It's the great zombie flick. SCO thought it had bought our brains. But the horror flick ends happily with the demise of the brain-snathers.

Darryl McBride - the vampire
Legal team of Boies - Twisters of law sucking money to pay their lobbyists to get laws passed that favor SCO but exclude similar companies that don't have lobbyists. SCO did pay a lobbyist to try to get a tax
break that only worked around their reported financials. The law SCO wanted basically said the IRS should tax any company that didn't fall within SCO's reported earnings, should pay more taxes.

Oh well. SCO was scum. They lost a long time ago. They've never had product that has succeeded in market share. SCO's whole strategy has been to sue others for ideas its founders think they might have had. SCOs suit trait is like me auing you for wearing blue jeans on the same day I throw on a pair.

Why do you want SCO dead

A lot of animus on this page, by this writer, and the "open" community. Summary judgment is pretty severe stuff. I haven't followed this case, but if a jury trial was requested, it's highly unusual to take the central issuess in a case, and have the judge toss them - he's saying that there's no material issues, even in the best light for the plaintiff, that a jury needs to hear. None.

Wow.

I'll add again, the writer's animus is sad here. Ad hominem does not become him.

SCO deserves to be dead - that's why

SCOs modus operandi = sue everyone and deliver nothing useful.

Sure SCO claims that AT&T is buying their latest app. AT&T bought 500 other apps last year. They didn't deploy most of them either. Not a single SCO app is being deployhed on an iPhone, Blackberry or RIM device.

SCO blew it's wad on lawyers. And now they are so far in debt it is unlikely they will ever have the money to create a product. Serves them right.

SCO has never been able to prove they own ANYTHING they claim to own.

RE: SCO: The zombie' flicks final scene.

If I were Novell, I would be in court for a order to seize assets; and toss SCO's CEO out of the office.

We will know that it is over when someone drives a silver stake through SCO's corporate heart.

It is time that vampire (SCO) dies.

Wonder whom SCO is going to sue next?? Hmmm....

Well, looking at Caldera's site it looks like they are switching to a new business strategy: Stealing name recognition from Apple. Check out their home page for a division called me-inc.

http://me-inc.com/products/meincmobile/

I am going to laugh if Apple gets all medieval on them and sues them for infringement (and I don't even like apple).

SCO needs to update website

Funny that SCO's website still claims that they still own the UNIX code.

"SCO owns all rights and ownership of the core UNIX operating system source code originally developed by AT&T/Bell Labs.. SCO’s ownership includes system source code, including all versions and copies, SCO OpenServer, and substantial copyrights and source code to UnixWare. SCO is the exclusive licensor to UNIX-based system software providers."

http://www.caldera.com/company/profile.html

SCO vs. Linux

Well said!