|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Novell, it said, has no interest in UnixWare; its ownership is limited to the old, outdated SVRx widgetry; and SCO has every right to license SVRx IP as a roll-up, incidental to UnixWare.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 their session at @ThingsExpo, Shyam Varan Nath, Principal Architect at GE, and Ibrahim Gokcen, who leads GE's advanced IoT analytics, focused on the Internet of Things / Industrial Internet and how to make it operational for business end-users. Learn about the challenges posed by machine and sensor data and how to marry it with enterprise data. They also discussed the tips and tricks to provide the Industrial Internet as an end-user consumable service using Big Data Analytics and Industrial Cloud.
Jan. 30, 2015 01:00 AM EST Reads: 2,876
How do APIs and IoT relate? The answer is not as simple as merely adding an API on top of a dumb device, but rather about understanding the architectural patterns for implementing an IoT fabric. There are typically two or three trends: Exposing the device to a management framework Exposing that management framework to a business centric logic Exposing that business layer and data to end users. This last trend is the IoT stack, which involves a new shift in the separation of what stuff happens, where data lives and where the interface lies. For instance, it's a mix of architectural styles ...
Jan. 30, 2015 12:30 AM EST Reads: 3,013
IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services. He also discussed how IoT is perceived by investors and how venture capitalist access this space. Other topics discussed were barriers to success, what is new, what is old, and what the future may hold. Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa...
Jan. 29, 2015 06:15 PM EST Reads: 4,094
The Internet of Things (IoT) is rapidly in the process of breaking from its heretofore relatively obscure enterprise applications (such as plant floor control and supply chain management) and going mainstream into the consumer space. More and more creative folks are interconnecting everyday products such as household items, mobile devices, appliances and cars, and unleashing new and imaginative scenarios. We are seeing a lot of excitement around applications in home automation, personal fitness, and in-car entertainment and this excitement will bleed into other areas. On the commercial side, m...
Jan. 29, 2015 06:00 PM EST Reads: 3,032
Dale Kim is the Director of Industry Solutions at MapR. His background includes a variety of technical and management roles at information technology companies. While his experience includes work with relational databases, much of his career pertains to non-relational data in the areas of search, content management, and NoSQL, and includes senior roles in technical marketing, sales engineering, and support engineering. Dale holds an MBA from Santa Clara University, and a BA in Computer Science from the University of California, Berkeley.
Jan. 29, 2015 06:00 PM EST Reads: 3,280
Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity.
Jan. 29, 2015 05:00 PM EST Reads: 4,081
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
Jan. 29, 2015 03:30 PM EST Reads: 3,062
"People are a lot more knowledgeable about APIs now. There are two types of people who work with APIs - IT people who want to use APIs for something internal and the product managers who want to do something outside APIs for people to connect to them," explained Roberto Medrano, Executive Vice President at SOA Software, in this SYS-CON.tv interview at Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 29, 2015 02:30 PM EST Reads: 2,621
Performance is the intersection of power, agility, control, and choice. If you value performance, and more specifically consistent performance, you need to look beyond simple virtualized compute. Many factors need to be considered to create a truly performant environment. In his General Session at 15th Cloud Expo, Harold Hannon, Sr. Software Architect at SoftLayer, discussed how to take advantage of a multitude of compute options and platform features to make cloud the cornerstone of your online presence.
Jan. 29, 2015 02:15 PM EST Reads: 3,190
SYS-CON Media announced that Splunk, a provider of the leading software platform for real-time Operational Intelligence, has launched an ad campaign on Big Data Journal. Splunk software and cloud services enable organizations to search, monitor, analyze and visualize machine-generated big data coming from websites, applications, servers, networks, sensors and mobile devices. The ads focus on delivering ROI - how improved uptime delivered $6M in annual ROI, improving customer operations by mining large volumes of unstructured data, and how data tracking delivers uptime when it matters most.
Jan. 29, 2015 02:00 PM EST Reads: 3,800
The Internet of Things will greatly expand the opportunities for data collection and new business models driven off of that data. In her session at @ThingsExpo, Esmeralda Swartz, CMO of MetraTech, discussed how for this to be effective you not only need to have infrastructure and operational models capable of utilizing this new phenomenon, but increasingly service providers will need to convince a skeptical public to participate. Get ready to show them the money!
Jan. 29, 2015 01:30 PM EST Reads: 2,963
Cultural, regulatory, environmental, political and economic (CREPE) conditions over the past decade are creating cross-industry solution spaces that require processes and technologies from both the Internet of Things (IoT), and Data Management and Analytics (DMA). These solution spaces are evolving into Sensor Analytics Ecosystems (SAE) that represent significant new opportunities for organizations of all types. Public Utilities throughout the world, providing electricity, natural gas and water, are pursuing SmartGrid initiatives that represent one of the more mature examples of SAE. We have s...
Jan. 29, 2015 01:30 PM EST Reads: 3,118
Since 2008 and for the first time in history, more than half of humans live in urban areas, urging cities to become “smart.” Today, cities can leverage the wide availability of smartphones combined with new technologies such as Beacons or NFC to connect their urban furniture and environment to create citizen-first services that improve transportation, way-finding and information delivery. In her session at @ThingsExpo, Laetitia Gazel-Anthoine, CEO of Connecthings, will focus on successful use cases.
Jan. 29, 2015 01:30 PM EST Reads: 2,040
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete at launch. DevOps may be disruptive, but it is essential.
Jan. 29, 2015 01:15 PM EST Reads: 2,550
“With easy-to-use SDKs for Atmel’s platforms, IoT developers can now reap the benefits of realtime communication, and bypass the security pitfalls and configuration complexities that put IoT deployments at risk,” said Todd Greene, founder & CEO of PubNub. PubNub will team with Atmel at CES 2015 to launch full SDK support for Atmel’s MCU, MPU, and Wireless SoC platforms. Atmel developers now have access to PubNub’s secure Publish/Subscribe messaging with guaranteed ¼ second latencies across PubNub’s 14 global points-of-presence. PubNub delivers secure communication through firewalls, proxy ser...
Jan. 29, 2015 12:45 PM EST Reads: 1,665
The industrial software market has treated data with the mentality of “collect everything now, worry about how to use it later.” We now find ourselves buried in data, with the pervasive connectivity of the (Industrial) Internet of Things only piling on more numbers. There’s too much data and not enough information. In his session at @ThingsExpo, Bob Gates, Global Marketing Director, GE’s Intelligent Platforms business, to discuss how realizing the power of IoT, software developers are now focused on understanding how industrial data can create intelligence for industrial operations. Imagine ...
Jan. 29, 2015 12:30 PM EST Reads: 1,889
The true value of the Internet of Things (IoT) lies not just in the data, but through the services that protect the data, perform the analysis and present findings in a usable way. With many IoT elements rooted in traditional IT components, Big Data and IoT isn’t just a play for enterprise. In fact, the IoT presents SMBs with the prospect of launching entirely new activities and exploring innovative areas. CompTIA research identifies several areas where IoT is expected to have the greatest impact.
Jan. 29, 2015 12:15 PM EST Reads: 1,821
Jan. 29, 2015 12:00 PM EST Reads: 7,975
The Internet of Things promises to transform businesses (and lives), but navigating the business and technical path to success can be difficult to understand. In his session at @ThingsExpo, Sean Lorenz, Technical Product Manager for Xively at LogMeIn, demonstrated how to approach creating broadly successful connected customer solutions using real world business transformation studies including New England BioLabs and more.
Jan. 29, 2015 12:00 PM EST Reads: 2,622
Connected devices and the Internet of Things are getting significant momentum in 2014. In his session at Internet of @ThingsExpo, Jim Hunter, Chief Scientist & Technology Evangelist at Greenwave Systems, examined three key elements that together will drive mass adoption of the IoT before the end of 2015. The first element is the recent advent of robust open source protocols (like AllJoyn and WebRTC) that facilitate M2M communication. The second is broad availability of flexible, cost-effective storage designed to handle the massive surge in back-end data in a world where timely analytics is e...
Jan. 29, 2015 12:00 PM EST Reads: 2,563