[Discuss] 10th Circuit Affirms in All Respects - Novell, Not SCO, Owns the Copyrights, etc.

[gaf at blu.org (Jerry Feldman)]

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Certainly. Darl actually acquired their mobile business. Caldera's
intent (eg Ransom Love) when they bought SCO's Unix business was to
enhance their Linux business. SCO had a worldwide support business. But,
Ransom was thrown out shortly after that. It was Darl's brother, an
attorney, who had the idea of suing IBM and just about everyone else.
They sued Novell because (1) Novell announced that they owned the
copyrights and would waive them in the IBM case, and (2) they bought
SuSE (and SuSE brought SCO to arbitration over United Llnux).

The delays in the IBM and Novell cases were caused by the high powered
attorneys. The IBM case was very complex because the roots go back to
when IBM bought its license from AT&T. IMHO, the SCO vs. IBM was more of
an attempt by TSCOG to extort IBM, but at first it was a breach of
contract case.

I have no idea why Judge Cahn and his team as Ch 11 Bankruptcy Trustee
even pursued the the appeal of the second trial.

One of the things that is somewhat behind the scenes is Ralph Yarrow.
You might remember that he loaned TSCOG some money a while back. But, as
I mentioned, Yarrow's relationship goes back to the founding of Caldera,
and possibly back a bit further with the Canopy Group. I would not be
surprised if Yarrow knew Darl's brother before all the legal issues.
There were certainly a lot of shenanigans going on.

On 08/31/2011 12:44 PM, John Abreau wrote:
> A comment found on Groklaw:
>
>
> Tragedy all round
> Authored by: FoxyLad on Tuesday, August 30 2011 @ 10:06 PM EDT
>
> Sorry, but I can't bring myself to celebrate. This affair is a tragedy
> on personal, corporate and national levels.
>
> First up, Darl (and those who connived with him) get to live happily
> ever after. It sticks in my craw that his father will go on believing
> the cute cattle-ranching story Darl told him, instead of seeing his
> son for the shallow grasping scoundrel he really is. Justice has not
> been served.
>
> And it's not just Darl. None of the perpetrators of this fraud have
> received any punishment. They all have their nice houses,
> directorships and fat retirement funds, and haven't even received a
> slap on the wrist for wasting so much time, energy and money. Let
> alone the multiple contempt of court orders, civil and criminal
> charges that should have been laid.
>
> So the next generation of CEOs, their officers, lawyers and media
> shills will go forth confident that this tactic works - they can tie
> their opponents up in a decade of legal knots, without any fear of
> sanction. Without any evidence, or even a credible case. Any business
> of Novell's size and smaller is now vulnerable to a larger competitor
> legally strangling them to death. Without any evidence, or even a
> credible case.
>
> In Europe, the strength of SCO's case was quickly identified and
> thrown out of court in a few weeks. End of story, everyone went back
> to productive enterprise. In the US, however, hundreds of people spent
> significant portions of their careers on this one case. Include all
> the other nuisance litigation flying around, and the chilling effect
> it has on small business and it adds up to a significant drain on the
> US economy.
>
>
>
> On Wed, Aug 31, 2011 at 9:00 AM, Jerry Feldman <gaf at blu.org> wrote:
>>
> While SCO is effectively dead, the 10th Circuit Court of Appeals affirms
> the previous judgment that Novell and not SCO owns the Unix copyrights.
> http://www.groklaw.net/article.php?story=20110830170454743
> "Not even Boies Schiller could save SCO. In fact, Judge Terence O'Brien,
> who wrote today's decision for the panel, seems to me to have given
> SCO's lawyers a bit of a spanking."
>
> The transcript as well as Pamela in her red dress may be seen on the
> Groklaw site.
>
> While much has happened over the past year with Novell being acquired by
> Attachmate. It also looks like Ralph Yarrow will not get any proceeds
> from his loans. Ralph has been involved with Caldera and subsequently
> The SCO Group since it was founded by Ray Noorda. the late Ray Noorda
> was the founder of both Novell and Caldera. Ray Noorda's daughter ousted
> Ralph Yarrow as CEO of The Canopy Group back in 2004. The Canopy Group
> was the venture capital firm that Ray Noorda formed after he was ousted
> from Novell. Yarrow is a real skuz who actually was able to get Utah to
> pass an IP law, referred to a Yarrow's law. SCO's attorneys in the SCO
> vs. IBM tried to apply this law retroactively.
>
>>
>> _______________________________________________
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>>
>
>
>

- -- 
Jerry Feldman <gaf at blu.org>
Boston Linux and Unix
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