From mboxrd@z Thu Jan 1 00:00:00 1970 From: imp@bsdimp.com (Warner Losh) Date: Sun, 5 Mar 2017 12:25:07 -0700 Subject: [TUHS] Source code abundance? In-Reply-To: <58bc63c8.LvKbzAXNPjG5kPh2%schily@schily.net> References: <20170303200612.6525F18C08C@mercury.lcs.mit.edu> <58ba9114.Jgu1/Lif2hpjgghD%schily@schily.net> <58bc63c8.LvKbzAXNPjG5kPh2%schily@schily.net> Message-ID: On Sun, Mar 5, 2017 at 12:15 PM, Joerg Schilling wrote: > Clem Cole wrote: > >> Not be argumentative, but I do not think SCO matters at this point as I'm >> under the impression that per IBM/SCO case the US courts have ruled - i.e. >> >> >> >> https://www.wsj.com/articles/SB118678589019694632 >> >> Court Ruling Gives Novell Copyright in Unix System >> By >> KEITH J. WINSTEIN and >> >> WILLIAM M. BULKELEY >> Updated Aug. 11, 2007 12:01 a.m. ET >> >> A federal court in Utah ruled that Novell Inc., not SCO Group Inc., is the >> rightful owner of the copyright in the Unix operating system. > > Novells claims are not very credible.... > > I mentioned that the USL laboratories from AT&T (including the people who work > there) have been handed over from AT&T to Novell and later to SCO. > > It is most unlikely that these people did not terminate their contract in case > the ownership of the code has not been transfered to the respective new owner > of the company. The plain language of the contract that was on groklaw makes it clear that SCO got the rights to sell Unix, but since they didn't offer Novel enough money, the copyrights were specifically not included. SCO could sell and sublicense, but then had to pay Novel royalties back as the copyright holder instead of a larger up-front payment. The judge, correctly in my view, ruled that this was the proper interpretation of the contract. The testimony of the people that negotiated was needed to clear up the issue raised by SCO about the interpretation of the rather specific language in the contract and addenda. This body of evidence was developed rather extensively through both testimony, as well as evidence of payments by SCO to Novel that supported the view that SCO could sell licenses, but had to pay royalties back to Novel. They did this for several years before stopping and embarking on their ill-fated legal battle. So a judge disagrees with you, as a matter of law and fact, that Novel's claims are not credible. They are the ones that won the day, and won the day rather handily. All the details can be found at http://www.groklaw.net/staticpages/index.php?page=20040319041857760 which includes a large number of exhibits from people that were actually there, who had first-hand knowledge, etc. On the whole it seems quite credible. I know who I believe, given the choice. Warner