McBride comments on IBM,

By Steven Vaughan-Nichols  |  Posted 2003-12-22 Print this article Print

Novell"> McBride said he was happy with SCOs progress in the IBM case and the discovery process. In the meantime, McBride warned Unix licensees and Linux users that SCOsource would legally pursue all companies that contribute to or use Linux. By the end of January, McBride said, companies using Linux have three choices: 1) Cease and desist any use of Linux; 2) obtain a license from SCO to use Linux at $699 per CPU (the licensing fee to go up to $1,399 at some time in the future); or 3) continue to use Linux, and lose all rights to the companys Unix license and face SCO in court.

McBride couldnt characterize how much income this move would bring in, but he said he hoped it will be substantial. He emphasized that these points were not based on the IBM suit and that companies should not wait until that issue is resolved since SCO will be taking action long before that case is decided sometime in 2005. Once more, McBride said that IBM and Linux distributors, thanks in part to the GPL, were pushing the responsibility for any licensing or legal costs to Linux users.

Finally, McBride responded to a report that Novell Inc. was still pursuing its own copyright claims on Unix. "Novell is desperate," McBride said. "SCO has produced documents that say we own the Unix copyrights. Let me be real clear: SCO acquired all rights for Unix and UnixWare, includes copyrights. We see this as a fraudulent notice." McBride added that SCO sees Novell as being "all hat, no cattle."

Bruce Lowry, Novell director of public relations, said, "Novell believes it owns the copyrights in Unix and has applied for and received copyright registrations pertaining to Unix consistent with that position. Novell detailed the basis for its ownership position in correspondence with SCO. "Contrary to SCOs public statements, SCO has been well-aware that Novell continues to assert ownership of the Unix copyrights." Discuss This in the eWEEK Forum

Steven J. Vaughan-Nichols is editor at large for Ziff Davis Enterprise. Prior to becoming a technology journalist, Vaughan-Nichols worked at NASA and the Department of Defense on numerous major technological projects. Since then, he's focused on covering the technology and business issues that make a real difference to the people in the industry.

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