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Novell to SCO: Put Up or Shut Up About Unix

Joins German company to demand proof of property rights, code theft

By Yvonne L. Lee

June 15, 2003 — (Page 1 of 2)
Like aftershocks following an earthquake, the effects of the SCO Group's assault on Linux continued to ripple through the industry late last month, as company after company staked out positions to cover their assets.

Microsoft Corp. paid licensing fees for Unix; the Open Group emphasized that it, not SCO, owns the trademark to the Unix name; Lindows.com revealed that it had an agreement protecting it from a lawsuit; SuSE Inc. said it would continue to support UnitedLinux; and Novell Inc. and German company LinuxTag both called upon SCO to prove its claims more fully.

The spate of activity follows SCO's April lawsuit against IBM Corp. alleging that Armonk took code it licensed from AT&T, the former owner of the Unix technology, and placed it in Linux. SCO (www.sco.com) said it has found specific lines of code that appear identically in both IBM's version of Unix and in Linux. In addition, the company in early May sent letters to the 1,500 largest companies notifying them that they may be in violation of SCO's rights.

"I don't think people are really scared yet. They're waiting to see what happens with the IBM suit," said Bill Claybrook, research director for Linux, open source and Unix at Aberdeen Group in Boston.

While most companies either have responded defensively, as Microsoft did, or issued brief statements that they intend to continue supporting Linux and open source, Novell issued the most sharply worded statement.

First, Novell challenged SCO's assertion that it owns the copyrights and patents to Unix System V, pointing out that the asset purchase agreement entered into by Novell and SCO in 1995 did not transfer these rights to SCO. Second, it asked SCO to back up its claim that Unix System V code was copied into Linux.

In a letter addressed to SCO CEO Darl McBride from Novell president Jack Messman, Novell pointedly asks SCO to put up or shut up. The letter criticizes SCO for being what Novell calls vague in its assertions regarding Linux.

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SCO vs. Novell decision overturned
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