SCO BATTUTA: Novell possiede il copyright di UNIX e UnixWare

[Fil9998]

http://online.wsj.com/article/SB1186...googlenews_wsj


Court Ruling Gives Novell Copyright in Unix System
By Keith J. Winstein and William M. Bulkeley
Word Count: 363 | Companies Featured in This Article: Novell, SCO Group, Microsoft, International Business Machines

A federal court in Utah ruled that Novell Inc., not SCO Group Inc., is the rightful owner of the copyright in the Unix operating system.

The ruling is a boon to the "open source" software movement and to Linux, the freely available computer operating system that has become an alternative to Microsoft Corp.'s Windows operating system.

The ruling will harm SCO's efforts to claim money from installations of Linux. The decision also will ...
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http://www.groklaw.net/article.php?s...70810165237718


CONCLUSION

For the reasons stated above, the court concludes that Novell is the owner of the UNIX and UnixWare copyrights. Therefore, SCO's First Claim for Relief for slander of title and Third Claim for specific performance are dismissed, as are the copyright ownership portions of SCO's Fifth Claim for Relief for unfair competition and Second Claim for Relief for breach of implied covenant of good faith and fair dealing. The court denies SCO's cross-motion for summary judgment on its own slander of title, breach of contract, and unfair competition claims, and on Novell's slander of title claim. Accordingly, Novell's slander of title claim is still at issue.

The court also concludes that, to the extent that SCO has a copyright to enforce, SCO can simultaneously pursue both a copyright infringement claim and a breach of contract claim based on the non-compete restrictions in the license back of the Licensed Technology under APA and the TLA. The court further concludes that there has not been a change of control that released the non-compete restrictions of the license, and the non-compete restrictions of the license are not void under California law. Accordingly, Novell's motion for summary judgment on SCO's non-compete claim in its Second Claim for breach of contract and Fifth Claim for unfair competition is granted to the extent that SCO's claims require ownership of the UNIX and UnixWare copyrights, and denied in all other regards.









per chi ha perso le puntate precedenti:
in 2 parole:

IBM è accusata da SCO di aver inserito codice di UNIX di proprietà di SCO in Linux.

Questo risultato chiarisce che SCO non possiede la proprietà intellettuale né di UNIX nè di UnixWare, che invece è nelle mani di Novell. Pertanto la causa di SCO contro IBM ha perso il pilastro portante dell'accusa.
si riferisce ad unix ma che essendo linux un derivato avrebbe violato anche lui con sco dei brevetti .
Sco aveva fatto pagare per brevetti sia microsoft che novell che poi come sappiamo la microsoft appoggiava sco per eliminare linux.
Novell non è sco visto che usava codice linux assieme a quello unix è che mai può rivendicare brevetti su linux .
Adesso con questa causa il kernel linux è salvo.

[Fil9998]

http://www.computerworlduk.com/techn...fm?newsid=4606


Novell: 'We're not SCO' and we won't sue
Novell promises no legal action after its patent victory

By Elizabeth Montalbano, IDG News Service

Novell has promised not to sue anybody over the Unix copyrights that a US court last week ruled it owned.

Advert

The company has no interest in becoming the next SCO Group, according to a spokesman.

"We're not interested in suing people over Unix," Novell spokesman Bruce Lowry said. "We're not even in the Unix business any more."

A US judge on Friday upheld Novell's claims to Unix copyrights that SCO has claimed to own. Those copyrights were the basis for SCO's highly controversial and ongoing Linux lawsuit against IBM.

Lowry said the ruling means "the cloud has lifted over Linux." Users and distributors of the open-source OS finally can breathe a sigh of relief that they are not in violation of Unix copyrights.

"We don't believe there is Unix in Linux," Lowry said. "We've been fighting that all along. It wouldn't be consistent for Novell to say, 'Oh gosh, now that this has been confirmed, we're going to suddenly take a different position' and sue companies for copyright infringement."

The Friday ruling doesn't mean the company's legal entanglement with SCO is over. There are still several claims before the court that will go to trial next month, and one of them involves payments SCO received from Microsoft and Sun for Unix licences. If the judge rules that those companies paid SCO for Unix copyrights owned by Novell, SCO will have to pay Novell whatever it earned from those licences, Lowry said.

There is nothing holding Novell back from suing existing Unix vendors. Even Novell's Linux-Windows interoperability deal with Microsoft does not preclude the two companies from suing each other. Lowry declined to speculate on the outcome of the outstanding claims of the case.

One thing seems fairly certain: Friday's ruling sinks SCO's case against IBM once and for all, a point Linux proponents were still celebrating yesterday. SCO can't appeal the ruling until the trial is over, and the company has not decided if it would do so. In a statement on its web site, SCO said it is exploring how it will proceed once the legal process of the case is concluded.

Lowry declined to speculate on how the ruling will affect that case and others SCO is still embroiled in with IBM, AutoZone and Red Hat. Both the AutoZone and Red Hat cases had been put on hold until the IBM case was resolved. Attorneys in the SCO-IBM case have until the end of the month to present what claims are still pending now that the Unix copyright claim in the Novell-SCO suit has been resolved. Another case, which SCO brought against DaimlerChrysler for copyright infringement, was dismissed in 2004.

"It's over," Pamela Jones, founder and editor of Groklaw, said of SCO's battle against Linux. "SCO couldn't find any infringement even when it had access to the entire copyrighted code base. No one else will find anything either." Groklaw is a web site that follows open-source software legal issues

Linux proponents are turning their attention to Microsoft as the next front line in the battle to protect Linux, she said.

"Microsoft is the next SCO. They positioned themselves that way with their patent sabre-rattling," Jones said, referring to Microsoft's claims earlier this year that Linux violates more than 235 of its patents.

Jim Zemlin, executive director of the Linux Foundation, agreed that Microsoft will continue to be a thorn in the side of Linux.

"I don't expect these questions around legal issues to go away, but I do expect people to see it for what it is, which is FUD (fear, uncertainty and doubt) fostered by competitors of the platform who have a lot to lose from Linux's success," he said. "Microsoft makes [billions of dollars] a year on Windows ... Any minute, second or day they can slow a competitor is good for them."

Zemlin also reiterated what some in the industry have already suggested, that Microsoft's $16.6 million licensing deal with SCO over Unix, an OS that Microsoft has never offered commercially, was to fund SCO's lawsuit against IBM to spread FUD over Linux. Microsoft has denied these claims.

Zemlin said even though SCO is losing its battle in the end, the legal wrangling that has taken place over the past several years has unfortunately been a victory for Microsoft. "People don't want to acknowledge it, but they got what they were looking for," Zemlin said.

He also praised Novell for fighting SCO to retain its rights over Unix in order to protect Linux. "Novell should be given credit where credit is due," he said. "They've spent tons of energy and money defending this case to the benefit of everyone."

[Ziosilvio]

Originariamente inviato da Fil9998

For the reasons stated above, the court concludes that Novell is the owner of the UNIX and UnixWare copyrights.

Questo vuol dire forse che Microsoft, in virtù del suo accordo con Novell, può usare liberamente il codice e le tecnologie di UNIX e UnixWare?

[khelidan1980]

Originariamente inviato da Ziosilvio

Questo vuol dire forse che Microsoft, in virtù del suo accordo con Novell, può usare liberamente il codice e le tecnologie di UNIX e UnixWare?

Non credo,cmq sia non penso serva quel tipo di accordo penso che M$ possa usare quel codice semplicemente pagando delle roiality a novell o sbaglio?

[zephyr83]

Originariamente inviato da khelidan1980

Non credo,cmq sia non penso serva quel tipo di accordo penso che M$ possa usare quel codice semplicemente pagando delle roiality a novell o sbaglio?

ma qual è il problema? Lo usa e basta senza dirlo a nessuno!! Tanto il codice è chiuso quindi valla a beccare

[Fil9998]

'sti fiji de madre ignota ...