By David Becker, 21 January 2004 10:10
NEWS Linux adversary the SCO Group is suing rival software maker Novell, alleging that Novell has falsely claimed that it controls the Unix operating system.
The suit, filed in Utah's Third District Court in Salt Lake City, accuses Novell of slander and seeks an order that would require Novell to assign to SCO all Unix-related copyrights and to withdraw any statements claiming ownership of Unix.
SCO rattled the technology world last year when it filed a $3bn lawsuit against IBM, claiming that the computing giant illegally incorporated into its Linux software source code from the Unix OS, which SCO controls. Novell became an early combatant in the dispute, claiming that it retained certain copyrights when it sold the Unix rights to SCO.
The companies have continued to clash over Unix ownership claims, as Novell has deepened its investment in Linux, most recently with its purchase of number two Linux seller SuSE Linux.
SCO lawyer Mark Heise said in a statement: "SCO takes this action today, given Novell's recent and repeated announcements regarding their claimed ownership of the Unix and UnixWare copyrights. SCO has received many questions about Novell's actions from potential customers, investors and the press. Although SCO owns the Unix and UnixWare copyrights, Novell's efforts to claim ownership of these copyrights has forced this action."
A Novell spokesman declined to comment on the lawsuit but said the company stands behind its earlier statements regarding its Unix position. Novell has said the US Copyright Office granted the company copyright registrations for 11 versions of System V Unix, giving Novell a substantial ownership position.
Novell bought Unix from AT&T in the 1980s and sold at least some rights to a predecessor of SCO in 1995. Novell claims that it retained some rights to Unix and related works; SCO claims that it bought all rights to Unix and that any Unix-related copyrights granted to Novell are therefore invalid.
The lawsuit accuses Novell of "slander of title" for continuing to suggest that it has a stake in Unix. "Novell, with full knowledge of SCO's exclusive ownership of copyrights related to Unix and UnixWare, has embarked on a malicious campaign to damage SCO's ability to protect its valuable copyrights in Unix and UnixWare," according to the claim. "Novell's wrongful claims of copyrights and ownership in Unix and UnixWare (have caused), and continue to cause, irreparable harm to SCO."
The suit seeks unspecified punitive damages and injunctions that would transfer to SCO any Unix-related copyrights obtained by Novell and bar Novell from "representing in any forum that it has any ownership interest whatsoever in Unix and UnixWare copyrights."
The lawsuit comes on the eve of the LinuxWorld trade show in New York, where Novell is set to play a prominent role following its acquisitions of SuSE and desktop Linux specialist Ximian. SCO's latest actions weren't met warmly by LinuxWorld Conference and Expo attendees.
"I think SCO's business model is all about lawsuits," said John Harlow, president of software consulting company BravePoint. "Nobody is going to buy their products."
SCO lobbed a similar surprise before the August version of LinuxWord in San Francisco, when the company revealed steep licensing prices for those who wish to use Linux with SCO's blessing.
Lawyer Jefferson Scher, a specialist in intellectual property issues at Californian-based law firm Carr & Ferrell, said the latest lawsuit may quickly be added to SCO's case against IBM.
"There is a chance the judge will say, 'Why are you here? Take this to the other court,'" Scher said. "I think it's logical for the court that's hearing the copyright case to decide if the plaintiff owns the copyright. This appears more like an attempt to get a restraining order."
Whatever court hears the case against Novell, the judge is likely to have a tough time sorting out the intent of Novell's 1995 transaction.
"Contracts like this are difficult enough to parse out at the time they're singed, let alone many years after," Scher said.
David Becker writes for CNET News.com, CNET News.com's Stephen Shankland contributed to this report
Comments
There are 6 comments. Join the discussion
1. anonymous
If we have a party at the village hall and somebody brings some homemade cakes which later transpire to be stolen, does the person who lost them have the right to charge us what they like for them after the event, or is their issue purely with the person that stole them? After all, we ate them in good faith, and can hardly regurgitate them now.
2. Steve Brown
Thank God I moved to Windows 2003 Server... At least you know where you stand with that.
3. John Airey
Don't SCO realise what a mess they are getting themselves into? All these dubious lawsuits have achieved so far is a boost to their stock price. They have no chance of success on either copyright or whether their code was copied. In the case of copyright, the 1995 deal with Novell doesn't affect rights to the BSDs, Linux or others. By 1995, UNIX was already largely fragmented. If their code really was copied (and we've seen no evidence it was), well they have been redistributing it themselves as part of their own version of Linux and under the GPL will have to continue to do so for some time.
The only success I can envisage now is for SCO executives to be imprisoned for securities fraud. I expect they'll be suing me for saying that too. Oh now, what's this? An email from SCO's legal department...
4. anonymous
Isn't it obvious that SCO are trying to confuse the issue by repeatedly saying "Unix and UnixWare"?
My understanding is that Novell transferred Unix (the trademark) to The Open Group in 1994. The following year, Novell sold UnixWare (a specific Unix codebase) to SCO.
SCO are trying to confuse their provable ownership of UnixWare with rights over Unix which they very possibly do not have.
5. Jon Scobie
Where do these guys get off? I sincerely hope the lot are sent to prison.
6. John Airey
Securities fraud. That's all it is. Why the IT press give them any mileage is beyond me.
Once the evidence they present in this case is used against them, prison is just where they are headed.