Unix copyright IS ours, says SCO

SCO has hit back at its critics, insisting that it - not Novell - owns the copyright to Unix.

The move is the latest in the skirmish begun by SCO with its threat to start an intellectual property war over Linux. The company claims that Linux illegally uses Unix code to which it holds the rights.

SCO maintains that all rights to the Unix and UnixWare technology, including copyrights, were transferred to SCO as part of an Asset Purchase Agreement between Novell and SCO dated 19 September 1995.

Late last month, Novell said in a letter to SCO that it retained the copyright to Unix. But SCO disagreed, citing Amendment No.2 to the Asset Purchase Agreement dated 16 October 1996.

Chris Sontag (pictured), senior vice president and general manager, SCOsource intellectual property division, said: "This amendment simply confirms SCO's long-stated position that it owns all copyrights associated with the Unix and UnixWare businesses.

"SCO is the owner of the Unix operating system, as well as all of the Unix contracts, claims and copyrights necessary to conduct that business.

"Because others have called into question SCO's ownership of the Unix and UnixWare copyrights, we are satisfied that we have now proven without a doubt that SCO owns those copyrights."

The company said that the amendment was signed by Steven Sabbath, vice president, law and corporate affairs at SCO, and James R Tolonen, executive vice president and chief financial officer at Novell.

Novell acknowledged that the document appeared to transfer some Unix copyright to SCO.

In a statement Novell said: "Amendment No. 2 appears to bear a valid Novell signature and the language, though convoluted, seems to support SCO's claim that ownership of some copyrights for Unix did transfer to SCO."

But it added: "The amendment does not address ownership of patents, however, which clearly remain with Novell."

Novell claimed that the amendment is not present in its files regarding the SCO transaction, and added: "Given that SCO released the amendment only today suggests that SCO, too, only recently became aware of it."

Novell reiterated its call on SCO to address the more fundamental issue which Novell raised in its 28 May letter. It describes this as "SCO's still unsubstantiated claims against Linux".

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See also:

Novell slams latest SCO claims

Non-competition clause? What non-competition clause?  19 Nov 2003

SCO vs IBM

The $3bn lawsuit brought by the SCO Group against IBM will have repercussions for all IT vendors, as well as their users.  01 Jul 2003

Unix code in Linux kernel a 'no-brainer'

There could not be a more straightforward case, says SCO chief  26 Jun 2003

SCO may audit IBM's AIX customers

Vendor ready to 'exercise its rights' during discovery process  25 Jun 2003

IBM AIX users look for guarantees

Big Blue customers seek indemnities against loss as SCO withdraws licence  19 Jun 2003

Users mindful of SCO AIX deadline

As countdown to revocation of IBM's AIX licence continues, customers consider their options  13 Jun 2003

SCO readies for IBM showdown

As Friday's licence revocation deadline looms, analysts warn AIX users to prepare  09 Jun 2003

Lame ducks turn to legal eagles

SCO is the latest in a depressingly long line of failing IT firms to call in lawyers with their last gasp, writes Tony Westbrook  06 Jun 2003

SCO opts to put up, not shut up

Firm says it will show its Unix source code to prove its case against IBM  02 Jun 2003

Unix is ours not SCO's, says Novell

Prove your allegations against Linux or take them back, warns Novell CEO  28 May 2003

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