At long last, the SCO Group's ugly, often farcical legal crusade against Linux appears to be over.
SCO has spent four and a half years arguing that it owns the
copyrights to Unix, and that the free Linux operating system includes
code stolen from Unix.
Its claims suffered what is likely a death blow Friday when a judge
in Utah ruled that SCO does not, in fact, own the copyrights to Unix.
SCO issued a statement saying it would carry on with other claims against Novell, and hinted that it might try to appeal Friday’s ruling.
Passionate fans of Linux, a free operating system developed
collaboratively by programmers from around the world, have argued from
the start that SCO’s claims lacked any merit. On pro-Linux Web sites,
they’ve been celebrating since Friday, viewing the ruling as
vindication.
For SCO, it’s a fizzle of an ending to a case that began with loads of bluster and bravado. In March 2003, SCO Group, a tiny company based in Lindon, Utah, sued IBM,
claiming IBM took code from Unix and put it into Linux. SCO also warned
hundreds of customers that they might be in legal trouble for using
Linux.
The suit got more complicated when Novell, an IBM ally, stepped
forward and said that Novell, not SCO, actually owned the Unix
copyrights. Novell had licensed Unix to SCO’s predecessor company, and
SCO argued that in this transaction it had picked up the copyrights to
Unix. Novell, however, claimed it had retained copyrights to Unix code.
Before SCO could pursue its case against IBM it had to sue Novell to establish its ownership of the Unix copyrights.
The trial was set to begin in September. But on Friday a federal court
judge issued a summary judgment declaring that Novell owns the
copyrights.
In a statement, SCO said it was “obviously disappointed with the
ruling,” but also indicated it intends to carry on with its lawsuit
against Novell. “Although the district judge ruled in Novell's favor on
important issues, the case has not yet been fully vetted by the legal
system and we will continue to explore our options with respect to how
we move forward from here.”
Novell, in a statement, said: “The court's ruling has cut out the
core of SCO's case and, as a result, eliminates SCO's threat to the
Linux community based upon allegations of copyright infringement of
UNIX. We are extremely pleased with the outcome.”
IBM did not respond to a request for comment before this story was published.
SCO’s claims against Linux angered the passionate fans of the free
operating system, prompting pickets outside SCO’s offices and loads of
heated invective. Linux is arguably the biggest thing to happen in
computing in the past 20 years. Its fans are celebrating now.
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