Reply to post: TSG is not SCO

Judge spanks SCO in ancient ownership of Unix lawsuit

Flocke Kroes Silver badge

TSG is not SCO

Everyone and his Penguin called the Santa Cruz Operation "SCO", but its name was the Santa Cruz Operation. That 'SCO' bought the right to collect license fees for SVRx Unix (and derivatives) from Novell (who retained the copyright). They also distributed a Linux based operating system (which did not inherit source code from SVRx).

SCO sold its Unix business to a new company and changed its name to Tarantella. The new company changed its name to The SCO Group, and (with some success) got people to call it SCO. TSG is not the Santa Cruz Operation. TSG try to claim Santa Cruz Operation's work on SVR4 code as their own, but the are not the same company, and did not buy the source code because the Santa Cruz Operation never bought it. They were supposed to collect Novell's licence fees, hand over all of Novell's money to Novell and in return Novell would hand back 5% commission.

Novell bought SVRx from Unix Systems Laboratories. USL was created inside AT&T because AT&T were forbidden from distributing an OS because of an anti-trust ruling against them. AT&T transferred SVRx to USL who promptly sued the regents of the university of Berkeley for copyright infringement of SVRx. Berkeley Software Distribution (who are not the same as the regents of the university of Berkeley) distributed a version of Unix that was not derived from SVR4 (or its predecessors). USL did so badly in court the they paid the regents legal fees in return for the regent's silence. It turns out that Unix was originally distributed in source code form without any copyright notices. Patches were sent back to AT&T again without copyright notices or licensing agreements. Some of those patches were incorporated back into AT&T's Unix.

So, TSG (not SGO) threatened to sue everyone and his penguin for using SVR4 code that they did not own and wasn't in Linux. Even if there was some code that TSG owned, it was released under the GPL by SCO anyway when they distributed Linux. TSG did this despite USL's failure to do substantially the same thing. They sued IBM, who are famous for their ability to blacken the sky with lawyers, and they did so when Novell told them not to (Novell had the contractual right to prevent SCO and successors from engaging in litigation related to Novell's SVRx source code).

Now who gets the award for idiocy:

A) Darl McBride who was in charge of TSG, and kept making false statements to the press that were immediately debunked by a horde of penguinistas.

B) David Boies who said his law firm would do all the legal representation for a share of the profits.

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