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By Peter Galli  |  Posted 2003-06-06 Print this article Print

For its part, Novell—which recently challenged SCOs claims to Unix patent and copyright ownership and demanded that SCO substantiate its allegations that Linux infringed SCOs intellectual property rights—released a statement Friday saying it received Amendment No.2 to the 1995 SCO-Novell Asset Purchase Agreement from SCO last night. "To Novells knowledge, this amendment is not present in Novells files. The amendment appears to support SCOs claim that ownership of certain copyrights for Unix did transfer to SCO in 1996. The amendment does not address ownership of patents, however, which clearly remain with Novell. Novell reiterates its request to SCO to address the fundamental issue Novell raised in its May 28 letter: SCOs still unsubstantiated claims against the Linux community," the company said.
With regard to the Unix patents, SCO senior vice president Chris Sontag said SCO had never claimed ownership of the Unix patents, but rather that it had rights to these patents dating back to AT&T for use within its business. These were the same rights that Novell had and "given the fact that none of the actions we have taken so far have any relation to patents, it really is not a concern of ours," he said.
McBride said SCO has also begun to show parts of the violating code to unnamed parties under non disclosure agreements (NDA), and the initial reviewers "appear to be coming to the same conclusion that we have. Namely that SCOs Unix source code has made its way into Linux," McBride said. SCO has designated the month of June to show parts of the offending code to appropriate parties as it wants to understand and be responsive to customer concerns. To that end it reiterated its view that Linux users needed to obtain legal opinions from their own counsel to guide their actions.

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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