Open Source Alliance Cyberjaya

The Linux and Open Source Special Interest Group in Cyberjaya, Malaysia

Judge: Novell owns intellectual property in Linux case

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SAN FRANCISCO (MarketWatch) — A federal judge’s ruling Friday may help proponents of Linux open-source software sidestep a significant legal threat.

SCO Group Inc. does not own the copyright to Unix operating-system software, as it had claimed, and Novell Inc. (NOVL : 6.42, +0.33, +5.4% ) is the proper owner, U.S. District Judge Dale Kimball said in a filing in federal court in Utah.

SCO Group had sued Novell in 2004 for falsely claiming ownership of Unix.

In 2003, SCO Group filed a high-profile lawsuit against International Business Machines Corp. for contributing code to Linux open-source software that it said included some of SCO’s Unix-related intellectual property. SCO claimed to have purchased rights to Unix from Novell in 1995.

That 2003 suit against IBM (IBM : 112.64, +1.91, +1.7% ) , which has not been resolved, raised questions about the potential for other Linux proponents, such as distributor Red Hat Inc. (RHT : 21.98, -0.32, -1.4% ) , to face similar legal claims.

But in the ruling Friday, Kimball said that “the court concludes that Novell is the owner of the Unix and UnixWare copyrights.”

Read more: MarketWatch

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Written by syazli7

Sun, 12 Aug 2007 at 21:29:55 +0800

Posted in News

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