Caldera International which is now known as SCO Group was developed by Santa Cruz Operation. It is a closed source version of the Unix computer operating system. They have developed and maintained open server. About seven years before, a conflict arose between SCO and Novell. Novell supporters had argued that since UnixWare copyrights for code was developed before 1995, Novell had the right to claim the licensing fees which has been collected by SCO.
Finally the seven years of dispute between SCO and Novell had now come to an end. The judge has declared that the possession of Unix copyrights will be held only by Novell and not SCO. He has also rejected SCO in obtaining a new trial.
Though SCO argues that the decisions can’t be made by the devastating verification and the law, Judge Ted Stewart disagreed with it. The jury has confirmed that the convincing facts of Novell have a lot of evidence. Considerable evidences are available for the intentional decisions of Novell in order to retain the copyrights. Hence SCO has no chance of getting a new trial. Now its stock is trading under 5cents a share.
It has been a death flow for SCO after seven years of its battle with Novell. It is matter of million dollar question that how it is going to deal with the bankruptcy court. SCO’s bankruptcy trustee, the U.S. District Judge Edward Cahn had put in the picture the Salt Lake Tribune that the SCO’s lawsuit against IBM can’t be dissuaded by the Jury’s decision. He had also added that even though the copyright claims had come to an end, they would still have some other asserts based on contracts.
In Novell’s Favor
But since the Judge had ruled for Novell, now Novell’s claims against Sequent, SVRX and IBM licensees are in its sole discretion. In the Memorandum Decision and Order about SCO source, the judge had declared that even though SCO’s witnesses clarified that though SCO is in need of the copyrights to run its SCO source licensing, SCO couldn’t acquire it from Novell. The evidences of SCO’s witnesses were rejected due to their deficiency of involvement in drafting the APA. It is more or less confirmed that only if IBM wants to pursue its counterlains, SCO versus IBM will again come into action.
On hearing the Judgment, Ron Hovsepian, Novell President and CEO has stated that he was proud of the work that was done by Novell for keeping Linux free and open. The case against IBM will go forward only if there is a miracle. O’Gara in her article “Novell Wipes the Floor with SCO” has commented that even if SCO is going to pray God for a miracle, it won’t be get answered. According to 4.16(b) of APA, Novell can direct SCO to waive its claims against Sequent, IBM and other SVRX licensees. Now it seems that the legal campaign over the copyrights to Unix is finally over.