|By Maureen O'Gara||
|July 18, 2008 08:15 PM EDT||
Linux users might have to start reaching for their checkbooks again because SCO, Linux’ worst nightmare, is back.
The Utah court that decided a year ago that Novell, not SCO, owned Unix (SVRx) – although SCO was under the impression it had bought the operating system from Novell in 1995 – has now decided that SCO owns all right and title, free and clear, to UnixWare, which is merely a later model of Unix SVR4.
Novell, it said, has no interest in UnixWare; its ownership is limited to the old, outdated SVRx widgetry; and SCO has every right to license SVRx IP as a roll-up, incidental to UnixWare.
The court also said Novell couldn’t run interference for Linux and stop SCO from seeking royalty payments for alleged UnixWare and OpenServer infringement by Linux users under its infamous SCOsource licensing program.
Armed with that decision, it’s merely a matter of time before SCO starts seeking those payments.
It could start immediately or it could wait until it appeals the August 2007 summary judgment that said Novell owns the Unix copyrights – a legally flawed decision that is widely assumed will never withstand an appeals court’s scrutiny.
The only folks that are currently safe from SCO’s demands are Microsoft and OpenSolaris users and the 22 individuals and companies like CA and Kellogg that bought SCOsource licenses.
When this fracas started, Novell was seeking to put SCO out of business by claiming that SCO owed it something like $38 million that SCO didn’t have from the 2003 IP licenses it signed with Microsoft and Sun Microsystems and from the other royalties it collected from the truncated SCOsource program.
SCO was facing the prospect of Novell persuading the Utah court to slap a constructive trust on SCO and let Novell seize all its assets. That’s why SCO sought the protection of the bankruptcy court in Delaware even though it wasn’t bankrupt.
Now that specter has been removed and SCO’s written-off fortunes resuscitated.
In a 43-page decision handed down late Wednesday the Utah court found that SCO only owed Novell $2.5 million.
That’s a sum SCO could write Novell a check for now – if it wasn’t going to appeal Wednesday’s decision too.
It’s also a sum small enough to persuade SCO’s new Arab friends to go ahead and write that check for $100 million that they’ve been promising to invest in the company, money that will be used to press both SCO’s appeal and its suit against IBM and Linux.
Sun can also thank its lucky stars the court ruled the way it did because Novell had every intention of pressing any advantage it got in Utah to take out OpenSolaris, since it competes with Novell’s SUSE Linux and Linux in general.
As it stands, the court decided that SCO had the right to execute the UnixWare licenses with Sun, Microsoft and the SCOsource licensees, a fact Novell contested.
It decided that “Novell is not entitled to any of the revenue SCO received under the 2003 Microsoft Agreement,” which brought SCO $16,680,000, or to any of $1,156,110 it derived from the SCOsource program.
It did however find that SCO exceeded its rights in negotiating its $9,143,451 deal with Sun in 2003.
Seems Sun wanted to open source Solaris and went to SCO, then the recognized owner of Unix, to get the confidentiality provisions governing its 1994 Unix buy-out agreement in Novell lifted so it could open source Solaris.
The court found that under the 1995 Asset Purchase Agreement between Novell and the Santa Cruz Operation, SCO’s predecessor company, SCO should have brought Novell in on that part of the deal and it didn’t.
It said “SCO renegotiated a contract and expanded Sun’s rights to [SVRx] technology still owned by Novell. And, SCO improperly received the money for granting such right even though those rights remained with Novell.”
SCO in that part of the deal was guilty of breach of fiduciary duty, conversion and unjust enrichment.
The court however refused to void the contract saying it “could not return the parties to the same position they were in prior to the 2003 Agreement. Sun has already received the benefits of the agreement and developed and marketed a product based on those benefits. There was also evidence at trial that OpenSolaris directly competed with Novell’s interest. The court, therefore, cannot merely void the contract.”
But it could recompense Novell for the rights given to Sun to the tune of $2,547,817, a figure the judge derived after subtracting $1.5 million from the total value of the $9.1 million contract and declaring that $1.5 million strictly a release related to SCO IP and then arbitrarily carving off a third of the $7,643,451 left that was related to a UnixWare license, associated UnixWare and OpenServer drivers and the confidentiality release and awarding it to Novell.
He told Novell to come back in 15 days with a brief describing “what, if any, pre-judgment interest” Novell figured it was owed.
SCO released a statement expressing a certain amount of pleasure in the decision but said, “We continue to disagree with the premise of this trial and believe that Novell is not owed anything, but that they have interfered with SCO’s Unix rights.”
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, will provide an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life ...
May. 24, 2016 01:30 PM EDT Reads: 1,714
In his session at 18th Cloud Expo, Bruce Swann, Senior Product Marketing Manager at Adobe, will discuss how the Adobe Marketing Cloud can help marketers embrace opportunities for personalized, relevant and real-time customer engagement across offline (direct mail, point of sale, call center) and digital (email, website, SMS, mobile apps, social networks, connected objects). Bruce Swann has more than 15 years of experience working with digital marketing disciplines like web analytics, social med...
May. 24, 2016 01:30 PM EDT Reads: 934
What a difference a year makes. Organizations aren’t just talking about IoT possibilities, it is now baked into their core business strategy. With IoT, billions of devices generating data from different companies on different networks around the globe need to interact. From efficiency to better customer insights to completely new business models, IoT will turn traditional business models upside down. In the new customer-centric age, the key to success is delivering critical services and apps wit...
May. 24, 2016 01:15 PM EDT Reads: 626
The essence of data analysis involves setting up data pipelines that consist of several operations that are chained together – starting from data collection, data quality checks, data integration, data analysis and data visualization (including the setting up of interaction paths in that visualization). In our opinion, the challenges stem from the technology diversity at each stage of the data pipeline as well as the lack of process around the analysis.
May. 24, 2016 01:00 PM EDT Reads: 815
SYS-CON Events announced today that ContentMX, the marketing technology and services company with a singular mission to increase engagement and drive more conversations for enterprise, channel and SMB technology marketers, has been named “Sponsor & Exhibitor Lounge Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York City, New York. “CloudExpo is a great opportunity to start a conversation with new prospects, but what happens after the...
May. 24, 2016 10:30 AM EDT Reads: 672
SYS-CON Events announced today that 24Notion has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. 24Notion is full-service global creative digital marketing, technology and lifestyle agency that combines strategic ideas with customized tactical execution. With a broad understand of the art of traditional marketing, new media, communications and social influence, 24Notion uniquely understands how to con...
May. 24, 2016 09:30 AM EDT Reads: 1,666
The demand for organizations to expand their infrastructure to multiple IT environments like the cloud, on-premise, mobile, bring your own device (BYOD) and the Internet of Things (IoT) continues to grow. As this hybrid infrastructure increases, the challenge to monitor the security of these systems increases in volume and complexity. In his session at 18th Cloud Expo, Stephen Coty, Chief Security Evangelist at Alert Logic, will show how properly configured and managed security architecture can...
May. 24, 2016 09:00 AM EDT Reads: 1,947
When it comes to IoT in the enterprise, namely the commercial building and hospitality markets, a benefit not getting the attention it deserves is energy efficiency, and IoT's direct impact on a cleaner, greener environment when installed in smart buildings. Until now clean technology was offered piecemeal and led with point solutions that require significant systems integration to orchestrate and deploy. There didn't exist a 'top down' approach that can manage and monitor the way a Smart Buildi...
May. 24, 2016 08:30 AM EDT Reads: 2,030
SYS-CON Events announced today BZ Media LLC has been named “Media Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. BZ Media LLC is a high-tech media company that produces technical conferences and expositions, and publishes a magazine, newsletters and websites in the software development, SharePoint, mobile development and Commercial Drone markets.
May. 24, 2016 06:00 AM EDT Reads: 3,368
WebRTC is bringing significant change to the communications landscape that will bridge the worlds of web and telephony, making the Internet the new standard for communications. Cloud9 took the road less traveled and used WebRTC to create a downloadable enterprise-grade communications platform that is changing the communication dynamic in the financial sector. In his session at @ThingsExpo, Leo Papadopoulos, CTO of Cloud9, will discuss the importance of WebRTC and how it enables companies to fo...
May. 24, 2016 04:30 AM EDT Reads: 2,385
SYS-CON Events announced today TechTarget has been named “Media Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. TechTarget is the Web’s leading destination for serious technology buyers researching and making enterprise technology decisions. Its extensive global networ...
May. 24, 2016 04:00 AM EDT Reads: 3,001
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York and Silicon Valley. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 17th Cloud Expo and will feature technical sessions from a rock star conference faculty ...
May. 23, 2016 05:00 PM EDT Reads: 4,612
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit y...
May. 23, 2016 04:00 PM EDT Reads: 1,818
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo New York Call for Papers is now open.
May. 23, 2016 03:00 PM EDT Reads: 1,662
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will discuss the vast to...
May. 23, 2016 02:00 PM EDT Reads: 2,333
SYS-CON Events announced today that Enzu, a leading provider of cloud hosting solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Enzu’s mission is to be the leading provider of enterprise cloud solutions worldwide. Enzu enables online businesses to use its IT infrastructure to their competitive advantage. By offering a suite of proven hosting and management services, Enzu wants companies to foc...
May. 23, 2016 01:45 PM EDT Reads: 2,058
Customer experience has become a competitive differentiator for companies, and it’s imperative that brands seamlessly connect the customer journey across all platforms. With the continued explosion of IoT, join us for a look at how to build a winning digital foundation in the connected era – today and in the future. In his session at @ThingsExpo, Chris Nguyen, Group Product Marketing Manager at Adobe, will discuss how to successfully leverage mobile, rapidly deploy content, capture real-time d...
May. 23, 2016 12:45 PM EDT Reads: 1,339
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, wh...
May. 23, 2016 12:30 PM EDT Reads: 1,795
IoT generates lots of temporal data. But how do you unlock its value? How do you coordinate the diverse moving parts that must come together when developing your IoT product? What are the key challenges addressed by Data as a Service? How does cloud computing underlie and connect the notions of Digital and DevOps What is the impact of the API economy? What is the business imperative for Cognitive Computing? Get all these questions and hundreds more like them answered at the 18th Cloud Expo...
May. 23, 2016 12:30 PM EDT Reads: 2,033
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
May. 23, 2016 08:15 AM EDT Reads: 2,382