Linux copyright fight headed to trial
Tuesday 25 August 2009
A federal appeals court has reversed a judge's decision that granted the copyright of the Unix computer operating system to Novell.
A three-judge panel of the 10th US Circuit Court of Appeals ruled that a judge erred in August 2007 by granting the copyright to Novell. The panel ordered a trial to determine ownership.
Novell, a software and computer infrastructure company, has been locked in a yearslong legal battle with The SCO Group of Lindon, Utah, over ownership to the copyright.
SCO said the ruling paves the way for resumption of its court case.
SCO filed for bankruptcy protection in 2007, drained by unsuccessfully filing lawsuits claiming its software code was misappropriated by developers of the open-source Linux operating system.
"For us it's a case of survival, of protecting what we own." SCO chief executive Darl McBride said.
Part of the Unix computer code, which was developed by AT&T in 1969, is used in the Linux operating system.
McBride said the development and distribution of Linux has caused the company's revenues to drop from $250 million a year to $15 million, forcing the company to file for bankruptcy.
"There are 20 million versions of Linux running around the world," McBride said, referring to his estimate of company servers using Linux. "Linux at the end of the day is a knock off of our Unix."
Novell has operations in Provo, Utah, and Waltham, Massachusetts. A Novell spokesman did not return a message seeking comment.
SCO has another lawsuit pending against IBM Corp., claiming Big Blue's Unix license for IBM's core AIX system was cancelled in 2003 and IBM improperly gave away Unix source code for use in Linux.
McBride said the appellate panel's ruling reinstates SCO's claims against IBM, most which had been dismissed because of Novell's claim to the Unix copyright. A message left after business hours for IBM was not immediately returned.
Trial dates for SCO's lawsuits against Novell and IBM have not been set. Both cases are pending in US District Court in Salt Lake City.
Life & Style blogs
9 reasons Greece's experiment with the radical left is doomed to failure
Have we reached 'peak food'? Shortages loom as global production rates slow
Greece elections: Syriza and EU on collision course after election win for left-wing party
British grandmother Lindsay Sandiford faces execution by firing squad in Indonesia
Liberal Democrat minister defends comments suggesting immigration causes pub closures
King Abdullah dead: We can't afford not to hold Saudi Arabia's royals to account
- 1 Woman falls to her death as she celebrates marriage proposal at the edge of Ibiza cliff
- 2 Venezuela Expo Tattoo 2015: Extreme body art from 'Vampire Woman' to 109mm earlobes
- 3 Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
- 4 Dad attempts revenge on teenage daughter, plan backfires spectacularly
- 5 Ball pool for adults opens in London
iJobs Gadgets & Tech
£6240 per annum: Recruitment Genius: This company is a well established websit...
£40000 - £60000 per annum: Recruitment Genius: This is a fantastic opportunity...
£25000 - £35000 per annum: Recruitment Genius: A skilled .NET developer with e...
£25000 - £30000 per annum: Recruitment Genius: This IT support company are cur...