Tuesday, August 21, 2007

Official: SCO does not own UNIX copyright!

The US District Court for the District of Utah issued last 10 of August a decision regarding the case SCO v Novell, where the plaintiff (claimant in this side of the Atlantic) tried to get the court to acknowledge its ownership of the UNIX and UnixWare software (between many other things), which arose from a single cause of action originated by statement made by Novell claiming that it had retained the UNIX and UnixWare copyrights when it sold certain assets of its UNIX and UnixWare business to SCO's predecessor in interest, a statement that SCO found slanderous (the original cause of action was slander of title). There were many claims in both the SCO’s suit and Novell’s countersuit, but the most important conclusion made by the judge was that “Novell is the owner of the UNIX and UnixWare copyrights” (at p. 99), which will have important consequences for all the other court procedures initiated by SCO and the licence fees it extracted from many parties. Since the stance of Novell in the open source and Linux development community is well known, it is also a boost for those using/developing the software of the penguin.

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