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New Novell finds original drafts of APA in SCO case.
[link|http://www.groklaw.net/article.php?story=20070421204625419|Groklaw]. It looks like this is pretty solid proof that SCO never had copyright to UNIX and that their case just blew up in their faces. Again.

Declaration of Tor Braham - the lawyer for Novell who drafted the APA
Saturday, April 21 2007 @ 10:00 PM EDT

I don't want you to have to wait for the text of Tor Braham's declaration [PDF]. This Declaration is attached to Novell's Motion for Summary Judgment on SCO's 1st Claim for Slander of Title and 3rd Claim for Specific Performance [PDF] which you'll find explained, along with all the exhibits that go with this Declaration here.

And what exhibits! These attorneys and former attorneys for Novell are positive magpies. Not only did former in-house counsel Allison Amadia keep a copy of Santa Cruz lawyer Steve Sabbath's first draft of Amendment 2 to the APA dating back to 1996, but now we find that Tor Braham, Novell's outside counsel who drafted the APA, has kept his own first draft of it, red lined and all, from 1995. Braham was the principal drafter of the APA, and he explains a lot of things we've wondered about for a long time.

That's lawyers for you. They figure out what is the worst case scenario possible, and then they act to prevent it. But this is still quite impressive, as we watch him pull out original documents from ten years and more ago. I doubt very much that SCO expected anything like this. [Update: We have it now as text, thanks to Groklaw's The Cornishman.]

[...]


SCOX is up at the moment. ?

Cheers,
Scott.
New They don't care
It looks like this is pretty solid proof that SCO never had copyright to UNIX and that their case just blew up in their faces. Again.

They don't care. They are simply trying to drag this out as long as they can in court. This has gone far beyond trying to force IBM into a settlement, if that was their goal they would have given when it was clear the case was impossible to win.

I'm not quite sure what SCO is trying for now, but I suspect it has something to do with shady business deals to extract every penny they can before the company goes under and/or backing by unnamed companies* that want IBM and Linux hurt.

SCOX is up at the moment. ?

They are in danger of being delisted if they don't manage to get the price above $1.00. So there is no telling what they are doing behind the scenes to try and prop it up. I expect a reverse split shortly to get it up.

Jay

* Microsoft
New ICLRPD (new thread)
Created as new thread #282787 titled [link|/forums/render/content/show?contentid=282787|ICLRPD]
--
Steve
[link|http://www.ubuntulinux.org|Ubuntu]
New I can't imagine how they're still IN business.
--
Steve
[link|http://www.ubuntulinux.org|Ubuntu]
New Actually, there are still a bunch of VARS and . . .
. . their clients who are locked into SCO Open Server. I have a half dozen or so as clients. Whenever they are forced to upgrade their hardware (usually due to a failure) they need to pay for an update for Open Server so it'll work with the new hardware.

Most are loosely locked in by a license to a run-time package that would cost a pretty penny to relicense for Linux. A few are more tightly tied in. One LIS (Laboratory Information System) vendor I work with depends on the SCO development package to compile their instrument interfaces on-site.

Their main competitor hasn't that tie-in and has long ago moved to Red Hat Linux, but many of their clients are still on SCO due to the cost of relicensing the run-time package.

There's always been some pretty good people over at SCOX but not many left and they're badly underfunded so about all they can do is add a few drivers and adapt open source software packages to work with their Unix.
[link|http://www.aaxnet.com|AAx]
     Novell finds original drafts of APA in SCO case. - (Another Scott) - (4)
         They don't care - (JayMehaffey) - (1)
             ICLRPD (new thread) - (Steve Lowe)
         I can't imagine how they're still IN business. -NT - (Steve Lowe) - (1)
             Actually, there are still a bunch of VARS and . . . - (Andrew Grygus)

You... shall not... pass!
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