Open Source Market Segment LS
Open Source Market Segment RS
Friday, 11 June 2010 11:04

Final nail hammered into SCO case


The SCO Group was yesterday (US time) denied a fresh trial by the district court of Utah to examine its claim to own the IP for UNIX and this looks to be the end of the road for the long-running litigation.

In March this year, a jury had reaffirmed that Novell owned the copyrights to the UNIX. SCO sought a re-trial on the grounds that the jury's verdict was not in line with the evidence presented in the case.

That bid has been turned down and it looks like SCO will finally have to give up its bid to sue IBM over contract violation.

The memorandum of decision says, in part: "SCO argues that it is entitled to judgment as a matter of law 'because the verdict cannot be squared with the overwhelming evidence and the law.' The Court respectfully disagrees.

"The jury was presented with two versions of the deal between Novell and Santa Cruz, SCO's predecessor in interest. On the one hand, SCO argued that the deal was essentially an acquisition of the UNIX and UnixWare business, wherein Santa Cruz acquired all of the business, including the copyrights.

"Novell, on the other hand, argued that the deal was more complex and that Santa Cruz only acquired the UnixWare business and that Novell retained significant rights in the UNIX business, such as the copyrights and the right to receive SVRX royalties. Evidently, the jury found Novell's version of facts to be more persuasive. This conclusion is well supported by the evidence."

SCO sued IBM in March 2003, alleging that the latter had violated a contract it had with SCO by providing code to the Linux kernel which SCO claimed it owned. SCO also claimed that Linux was an unauthorised derivative of UNIX.

Novell became a part of the imbroglio when it came forward to claim that it owned the copyrights to UNIX, hence making SCO's case untenable. This led to a lengthy court battle between SCO and Novell over the question of who owned the copyrights to UNIX.

SCO's claims were initially defeated in August 2007 when a judge ruled that it did not own the copyrights to UNIX. However, the company appealed and obtained a jury trial. That went against SCO in March this year.

Read 5189 times

Please join our community here and become a VIP.

Subscribe to ITWIRE UPDATE Newsletter here
JOIN our iTWireTV our YouTube Community here


Hybrid cloud promises to bring together the best of both worlds enabling businesses to combine the scalability and cost-effectiveness of the cloud with the performance and control that you can get from your on-premise infrastructure.

Reducing WAN latency is one of the biggest issues with hybrid cloud performance. Taking advantage of compression and data deduplication can reduce your network latency.

Research firm, Markets and Markets, predicted that the hybrid cloud market size is expected to grow from US$38.27 billion in 2017 to US$97.64 billion by 2023.

Colocation facilities provide many of the benefits of having your servers in the cloud while still maintaining physical control of your systems.

Cloud adjacency provided by colocation facilities can enable you to leverage their low latency high bandwidth connections to the cloud as well as providing a solid connection back to your on-premises corporate network.

Download this white paper to find out what you need to know about enabling the hybrid cloud in your organisation.



It's all about Webinars.

Marketing budgets are now focused on Webinars combined with Lead Generation.

If you wish to promote a Webinar we recommend at least a 3 to 4 week campaign prior to your event.

The iTWire campaign will include extensive adverts on our News Site and prominent Newsletter promotion and Promotional News & Editorial. Plus a video interview of the key speaker on iTWire TV which will be used in Promotional Posts on the iTWire Home Page.

Now we are coming out of Lockdown iTWire will be focussed to assisting with your webinars and campaigns and assistance via part payments and extended terms, a Webinar Business Booster Pack and other supportive programs. We can also create your adverts and written content plus coordinate your video interview.

We look forward to discussing your campaign goals with you. Please click the button below.


Sam Varghese

Sam Varghese has been writing for iTWire since 2006, a year after the site came into existence. For nearly a decade thereafter, he wrote mostly about free and open source software, based on his own use of this genre of software. Since May 2016, he has been writing across many areas of technology. He has been a journalist for nearly 40 years in India (Indian Express and Deccan Herald), the UAE (Khaleej Times) and Australia (Daily Commercial News (now defunct) and The Age). His personal blog is titled Irregular Expression.

Share News tips for the iTWire Journalists? Your tip will be anonymous




Guest Opinion

Guest Reviews

Guest Research

Guest Research & Case Studies

Channel News