Re: This will only end when the case is ruled on @Vic
although through a contractual quirk (SCO not having enough money at the time), the copyright (and I believe that this includes the right to use and license the code) remained with Novell.
Hardly a "contractual quirk"; SCO had a small fraction of the asking price, so the deal was re-nogotiated such that SCO just bought the distribution business.
SCO then sold itself to Caldera, which then renamed itself the SCO Group.
SCO sold part of its business to Caldera. The other part renamed itself Tarantella. Caldera then changed its name to SCO. Ther was, quite obviously, no attempt to confuse or deceive. Nope, none at all.
These cases have never been concluded
Some have - e.g. SCO vs. Daimler-Chrysler.
But most importantly, the Court has already concluded[1] that Novell retained ownership of "the UNIX and UnixWare copyrights" (although ISTR there was some discussion over what was actually in that set). SCO vs. Novell is closed[2], with a resounding win for Novell (although we all know that SCO will never actually pay up). The Court has confirmed Novell's ownership of everything in Unix that can be owned, and the Supreme Court has dismissed certiorari. SCO has appealed that, but the chances of the Supreme Court deciding to rule against itself are pretty slim...
Most of the remainnig cases were stayed pending the outcome of SCO vs. IBM. That was unstayed just a few days ago. It's not currently clear whether or not SCO has anything at all left to litigate after the demolition of the Novell case.
I was never clear about whether this IP included any of UNIX, or if that remained with Novell.
Well, there were all those patents. I don't know what those patents covered - indeed, I'm not even sure that was ever disclosed. But patents have a comparatively short lifespan, so there's nothing to worry about there (they'll have expired). Besides which, section 7 of GPLv2 contains an implicit patent grant; if Novell had not licensed any patents it might have had, it would be in breach of copyright. There will not be a patent case against Linux on the back of those patents.
Copyrights, on the other hand, are long-lived. But GPLv2 section 6 explicitly gives all recipients the right to redistribute. There will not be a copyright case against Linux on the back of these copyrights.
If it went to CPTN Holdings, this is how it could be used
It can't - because Novell distributed Linux under the GPL.
Confused? You will be after this years episode of SCO
The case itself is not that confusing - SCO claimed the contract gave them certain rights, whereas the contract said the exact opposite. The only bit I find confusing is how supposedly intelligent people can stand up in court and expect this turd of a case to go anywhere.
Please, please! Whoever own the UNIX copyright, publish the non-ancient code under an open license. There's no commercial reason not to any more.
There is. Many of the original contributors cannot be traced, and thus their code is orphaned, but the copyright persists. There are also, apparently, a number of commercial organisations who do not want their code publshed.
Someone tried to open-source Unix a few years back - I *think* it was Sun, but I'm not certain. It turned out to be an intractable problem...
Vic.
[1] Memorandum Decision and Order
[2] Final Judgement