Novell wins, SCO loses. Case closed.

[guy]

Groklaw: Stewart Rules: Novell Wins! CASE CLOSED!

Me putting on red dress and pigging out on choccies, even if I am male and choccies are bad for me.

[Dutch_Master]

Good! A reqiem for SCO:

They fought lang, hard and with everything they had: empty-handed, with hollow retorics and FUD. In the end they hung themselves. May the demise be a warning to others.

[Rhakios]

Now let's just get their case against IBM dismissed, which should be a formality given that SCO have been shown not to own the UNIX copyrights.

[wyliecoyoteuk]

Thank the deity of your choice, or fate, or the basic essence of humanity, or not, as you wish.
I am glad that is finally over.

[towy71]

Yeah and thrice yeah FOAD SCO

[guy]

Now let's just get their case against IBM dismissed, which should be a formality given that SCO have been shown not to own the UNIX copyrights.

Quote from Novell's recent statement:
"In addition, the Court concluded that SCO was obligated to recognize Novell’s waiver of SCO’s claims against IBM and other companies, many of whom utilize Linux."

And from Novell's Ron Hovsepian in person: "I am very proud of this achievement and the work Novell has done to ensure Linux remains free and open."

I could almost forgive them for doing deals with Microstopheles itself.

[Rhakios]

Ah, so this is the relevant bit:

3. Judgment is entered in favor of Novell and against SCO on Novell’s claim for declaratory relief pursuant to the Court’s Findings of Fact and Conclusions of Law. Specifically, the Court declares:

a. Under § 4.16(b) of the APA, Novell is entitled, at its sole discretion, to direct SCO to waive its purported claims against IBM, Sequent and other SVRX licensees;

b. Under § 4.16(b) of the APA, Novell is entitled to waive on SCO’s behalf SCO’s purported claims against IBM, Sequent and other SVRX licensees, when SCO refuses to act as directed by Novell; and

c. SCO is obligated to recognize Novell’s waiver of SCO’s purported claims against IBM and Sequent.

I assume that Novell have started waiving?

[guy]

I assume that Novell have started waiving?

Judging by the statement I quoted above, I guess they must have done that a long time ago. It'd be hard to recognise a waiver that hasn't been given.

I guess all the hand-waiving (sic) in the world from SCO won't help them now.