Page Two

By Peter Galli  |  Posted 2003-05-30 Print this article Print

McBride quoted several provisions from the text of the 1995 agreement between Novell and SCO, which was contained in a previous SCO filing with the Securities and Exchange Commission, to "underscore to you the broad set of rights we hold." "SCO owns all rights and ownership in Unix and Unixware, all versions and all copies, all updates, including Unix and Unixware source code," McBride said. "SCO owns all claims arising against any parties relating to any right, property or asset in the business of Unix and Unixware.
"SCO owns all software and sublicensing agreements, including the source code, and sublicensing agreements with OEMs, end users and educational customers. The total number of these agreements is approximately 30,000," he said, stressing this wording was pulled directly from the text of its agreement with Novell.
Explaining why SCO decided to base its initial enforcement actions on its Unix rights and not copyright infringements, McBride said the rights and reach SCO have are "broad and deep," and that while it does not rule out subsequent enforcement action taken on the basis of copyright, it elected not to do so at this point. But SCO is coming under increasing pressure on its stance. Richard Seibt, CEO of leading Linux distributor SuSE Linux, also weighed in on the controversy this week, telling eWEEK in an interview, "I have seen the contract, and it contains specific asset exclusions." Seibt also welcomed the contents of the Novell letter. "This is a very important development as I think we will see very soon who is right and who is wrong. They are talking about a public contract document between the two parties," he said. More on the Battle Over Unix:

Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at


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