Novell, SCO debate claims over software

Friday's activities in the ongoing Unix/Linux battle between Novell Inc. and the SCO Group Inc. centered on the wording and interpretation of company comments.

Provo-based Novell and Lindon-based SCO have been arguing over who has control of the Unix computer operating system. SCO believes Unix code has been illegally included in open-source Linux software. Novell is a huge supporter of Linux, which is distributed free, and plans to have products based on the Linux kernel.

Friday's flurry of statements featured:

• SCO saying it found proof in a contract amendment that Novell transferred all Unix rights, including copyrights, to SCO years ago.

• Novell returning fire by saying it couldn't find a copy of the amendment in its files and that it didn't address patent ownership anyway.

• SCO countering that patents aren't the issue.

SCO got things rolling by saying a 1996 amendment to a 1995 contract confirmed that Novell transferred to SCO the rights to Unix and UnixWare technology, including the copyrights.

"SCO is the only rightful owner of the Unix System V source code and related copyrights," Darl McBride, SCO's president and chief executive officer, said during a Friday conference call. "Today we are restating

that SCO owns the Unix operating system along with all of the contracts, claims and copyrights associated with Unix."

Novell said SCO sent it the amendment Thursday night. Novell previously had said the 1995 agreement did not transfer copyrights and patents to Unix System V from Novell to SCO.

"To Novell's knowledge, this amendment is not present in Novell's files," Novell said in a press release. "The amendment appears to support SCO's claim that ownership of certain copyrights for Unix did transfer to SCO in 1996. The amendment does not address ownership of patents, however, which clearly remain with Novell."

But the patents are "really not a concern of ours," said Chris Sontag, senior vice president and general manager of the company's SCOsource intellectual property division. McBride said other contractual language in source-code agreements "is much more powerful."

Novell repeated its request to SCO to substantiate allegations that Linux infringes SCO's intellectual property rights. SCO is allowing certain people to see some of the code and derivatives and other details to prove Unix is in Linux. Those people must agree beforehand to not disclose information about what they learn.