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Posted May 01, 2008

Darl McBride Takes the Stand In Novell v. SCO

      

From the Still Going... dept.:
"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).

Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).

The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."

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