Hp laserjet m1530 mfp series pcl 6
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Novell vs. SCO and Linux Support
Our readers, who are closely following the developments around the SCO vs. IBM is already aware about its Unix rights that in defending its interests in developing services for Linux platforms, Novell also challenged the SCO Group in response to its recent allegations regarding its UNIX ownership and potential for Linux intellectual property statements (see. our news the day before yesterday To the SCO vs. IBM connects USENIX and Novell). Today we had the opportunity to tell a little more about the essence of Novell claims.
First, Novell challenged SCO’s claim that it had copyrights and patents for UNIX System V, stating that the 1995 Asset Purchase Agreement between Novell and SCO did not transfer those rights to SCO. Second, Novell would like SCO to provide evidence to support its claim that some of the UNIX System V code was copied to Linux. Novell notified SCO of this in a letter (see letter below) from Novell Chairman and CEO Jack Messman in response to SCO statements.
Here is the text of the letter from Novell to SCO:
Mr. Darl McBride
President and CEO of SCO Group
Rel.: Letter from SCO to Linux clients
As you know, Novell recently announced some important Linux support initiatives. These include the forthcoming release of a new version of NetWare based on the Linux kernel, as well as solutions for collaboration and resource management in the Linux environment.
Simply put, Novell is an ardent supporter of Linux and the open source community. This support will increase over time.
These are the events leading up to our recent Linux Customer Letter from the SCO Group. Apparently, many business partners and Novell customers have received the same email. Your email forces Novell to respond.
As far as we understand from the letter, SCO claims (without any reason) that some unnamed organizations included SCO intellectual property in Linux without obtaining permission from SCO. You probably base this claim on the belief that these unnamed organizations copied some of the UNIX System V code to Linux. Due to the ambiguities that abound in your letter, we were unable to gather any additional information about your statements beyond this limited understanding.
In particular, the letter leaves some very important questions unanswered. What specific code was copied from UNIX System V? Where exactly in Linux can we find this code? Who copied this code? Why this mock copying infringes SCO intellectual property? Without answering these important questions, SCO was unable to provide us with an interpretable answer regarding any alleged infringement of Linux code, and thus denied us the opportunity – and absolved of any appropriate obligation – to deal with your claims.
As far as we can understand, the ambiguities in your statement are intentional. In response to industry demands to be more specific, you try to justify yourself by stating, “This is like saying, ?show us the fingerprints on the gun so we can erase them?”. (Wall Street Journal, May 19, 2021.) Your analogy is weak and irrelevant. Linux has been around for over a decade, and there are many copies on the market that SCO could use to try to prove its claims.
We know that you recently invited Novell and other interested parties to disclose some of the alleged Linux issues under a nondisclosure agreement. If your proposal is sincere, it could be a step in the right direction. But I wonder if the nondisclosure agreement will allow Novell and other members of the Linux community to replace any “criminal” code. More specifically, how can we maintain the confidentiality of the facts that SCO promises to reveal to us if this information is to serve as a basis for changing an open source product like Linux?? And if we cannot use such a “confidential discovery” in order to change Linux, then what goals does it serve??
In your letter, you are comparing SCO’s campaign against the Linux community with a similar campaign by the recording industry against major corporations that hosted uploaded music files. But there are key differences between the two campaigns. The recording industry has offered specific information to back up the claims made, while SCO has consistently refused to do anything similar. In their letter, representatives of the recording industry provide evidence of the activities of each specific company that allegedly infringes on their rights. The letter offers real information about the company’s activities, sufficient information to assess the truth of the statement made and possible actions to stop this activity if it is decided that the statement made is true. If SCO wants to compare its actions with those of the recording industry, it must follow the established precedent and provide concrete evidence of the alleged violation.
SCO claims it has concrete evidence to support its opposition to the Linux community. The time has come to confirm this statement or to abandon the sweeping and unsubstantiated accusation made in your letter. The lack of such action will clearly show everyone that SCO’s true intention is to sow fear, uncertainty and doubt about Linux from distributors and Linux users and extort money from them.
This true intent becomes even clearer when we consider the various public statements that you and other SCO representatives have made about SCO’s UNIX intellectual property rights. SCO continues to claim that it owns the UNIX System V patents, but you should be aware that this is not the case. A simple look at the reports of the US Patent Office reveals that Novell owns these patents.
It is also important that, contrary to SCO’s claims, it does not own the copyright for UNIX. This fact is confirmed not only by checking the reports of the US Patent Office, but also by familiarity with the asset transfer agreement between Novell and SCO. As far as Novell is aware, the 1995 agreement governing SCO’s purchase of the UNIX operating system from Novell does not transfer any Unix-related copyright to SCO. We believe that it is unlikely that SCO can demonstrate that it has at least some ownership advantage over these copyrights. Obviously, you share this opinion, since over the past few months you have repeatedly asked Novell to transfer copyrights to SCO, which, of course, was rejected by Novell. Finally, we believe that the fact that SCO was unable to substantiate its claims against IBM for copyright or patent infringement also speaks for itself.
SCO’s actions disrupt the business relationship that could form around Linux technology between partners at critical times and deprive these partners of important economic opportunities. We hope you understand the potential legal liability that SCO faces in relation to the potential harm it causes to countless clients, developers and other members of the Linux community. SCO’s actions, if continued in the future, will lead to reduced sales and job losses, project delays, canceled funding and balkanization of the entire Linux community.
We, like many others, are concerned about the development of the SCO campaign. We require SCO to either explicitly and specifically formulate its allegations of violations by Linux, or to deny the allegations made in your letter. Further, we demand that SCO disclaim its false and unsubstantiated claims of ownership of UNIX copyrights and patents, or provide us with compelling information regarding its claims of ownership of SCO. In the future, we hope that SCO will adhere to strict standards when claiming UNIX rights.
Sincerely, Jack L. MessmanChairman, President and CEO
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