SCO loses to Novell in final court verdict

It’s over (for SCO, at least). Ars Technica reports that a federal district judge has handed down the final verdict in SCO’s lengthy legal battle against Novell; SCO must now pay Novell the princely sum of $2.54 million plus interest.

If you were paying attention these past few years, you might’ve noticed SCO aggressively claiming ownership of UNIX copyrights and accusing Linux vendors of infringing upon them. SCO threatened other companies with lawsuits and got licensing deals out of some (including Sun), but that didn’t sit well with Novell, which claimed that it owned the copyrights in question. Here’s how the honorable judge sees it:

Judge Kimball determined that SCO was subject to a contract with Novell, which it violated by lifting SVRX confidentiality provisions in a licensing agreement with Sun. This move exceeded the authority granted to SCO under the terms of a 1994 asset purchase agreement that enabled SCO to sell limited SVRX licenses to third parties on behalf of Novell. Judge Kimball also determined that SCO breached its fiduciary duty by neglecting to remit the requisite portion of the licensing revenue to Novell.

Because SCO remains in the middle of bankruptcy proceedings and isn’t exactly rolling in cash right now, Ars says a “constructive trust has been established with $625,000 of SCO’s remaining resources.”

Comments closed
    • SHOES
    • 11 years ago

    SCO is still in business??? hmmf learn something new every day…

    and whats Novell? ๐Ÿ˜‰

    • Thresher
    • 11 years ago

    And somewhere, a lone muted, trombone plays the theme of the loser…

    /[

    • StashTheVampede
    • 11 years ago

    The real losers here are the shareholders. Top holders sold before the litigation started, so they had nothing to lose. Everyone else? They were left holding the bag.

      • just brew it!
      • 11 years ago

      As much as I dislike the litigious nature of our society, I hope the shareholders sue SCO’s officers. It seems pretty clear that they committed themselves to a business plan based on litigation, when the basis for that litigation was shaky at best.

      I wonder how difficult it would be at this point to prove that they lied to their shareholders?

      • TheBob!
      • 11 years ago

      What’s sad is that the asshats running this show will leave with millions and the shareholders will lose out.

    • just brew it!
    • 11 years ago

    Good riddance, bloodsucking leeches.

    This is the end result when a tech company is taken over by bean counters and lawyers.

    • FireGryphon
    • 11 years ago

    F*** yeah! Finally, an evil company gets its ass handed to it. Rock ‘n’ roll, everyone. ๐Ÿ™‚

      • DrDillyBar
      • 11 years ago

      word.

    • Captain Ned
    • 11 years ago

    Over!?!?

    Was it over when the Germans bombed Pearl Harbor!?!?

    I have the sad feeling that SCO will follow Bluto’s advice to the bitter end due to the delusions of its CEO Darl McBride. I only wonder what the stupid and futile gesture will be (and we’re just the guys to do it)?

    • pogsnet
    • 11 years ago
    • kvndoom
    • 11 years ago

    Will SCO and Rambus just go away already? Sheesh! The only people they haven’t sued is each other!

    WTF!

    I’ve just been summoned…!

    • ludi
    • 11 years ago

    Wonder if Sun will find room in this decision to file suit against the contract terms it worked out with SCO.

    • CheetoPet
    • 11 years ago

    So I guess Linux didn’t steal their IP after all. It might have stole their lunch money & kicked their dog tho.

      • stmok
      • 11 years ago

      In 2002, the source code of Linux was analyzed and compared by SCO themselves…Result?
      => “At the end, we had found absolutely nothing, i.e., no evidence of any copyright infringement whatsoever,”

      In fact, SCO really had nothing to begin with! (Even when the judge ordered discovery requests). This whole ordeal was both a waste of time and money. The end result is to be expected. A sham that failed.

      SCO was a sinking ship when they fired their first shot across Linux’s bow. Its now experiencing the slow and painful death it deserves…From multiple parties. It isn’t over. IBM have yet to have their turn with counterclaims.

        • just brew it!
        • 11 years ago

        It is looking like there won’t be anything left for IBM to go after once Novell is done with them.

          • ludi
          • 11 years ago

          Maybe they’ll do it anyway just to make sure the point is clear. After RAMBUS and NTP Holdings, I doubt anyone is feeling kindly disposed toward intellectual property trolls (or wants to encourage them).

            • shank15217
            • 11 years ago

            Dont compare RAMBUS to SCO, the former has some of the most advanced memory IP.

    • bowman
    • 11 years ago

    Now you can be Novell’s bitches, idiots. Go and collect welfare or something.

      • Flying Fox
      • 11 years ago

      They can demand a bailout! ๐Ÿ˜›

    • grantmeaname
    • 11 years ago

    yay!!!!!!!

    • 5150
    • 11 years ago

    Bring back RDRAM!

    • sdack
    • 11 years ago

    /[

      • jpostel
      • 11 years ago

      Tremendous!

      Taking a shot at SCO, the pope, and UFO nuts all in one post!

      I tip my hat to you, sdack.

    • axeman
    • 11 years ago

    Hahahaha.

    Hahahaha.

    • Hance
    • 11 years ago

    Die bastards die

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