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What Goes to Trial?

Aug 14, 2007, 12:45 (0 Talkback[s])
(Other stories by Pamela Jones)

"I've had a chance now to think a bit on what's left after the court's ruling Friday. SCO's statement yesterday seems to indicate that they are looking at what they can do next, so I'm doing the same.

"As best I can make out, not decided yet is who owns the copyrights to all modifications made to the Unix code after the date of the APA in 1995. One would assume mostly Santa Cruz and successors, but we've reported on Groklaw earlier that Novell for sure holds some copyrights at least up to 1998, and HP, Intel and others may own some, and it's going to be a trick to sort it all out. To whatever degree SCO can prove it has copyrights, however, it may pursue its claims for copyright infringement with respect to any derivative works SCO created. That's if there were any copyright infringements, which so far I don't see. And of course the GPL issue remains, and I believe it handily takes care of both arms and both legs of the Black Knight. Then there is the arbitration, which could knock this out also, as I'll explain in a minute. In the case of IBM, additionally, I think SCO will be limited to whatever it already listed by the end of discovery. Red Hat and end users in general is a separate analysis..."

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