Novell challenges SCO

Posted May 28, 2003 15:05 UTC (Wed) by southey (guest, #9466)
Parent article: Novell challenges SCO

But this doesn't change the basis of the suit - essentially that IBM provided SCO code to Linux! All the rest is just smoke as SCO is trying to attack Linux and the various groups, now including the Open Group and Novell, are clearing that nicely!

Novell challenges SCO

Posted May 28, 2003 16:01 UTC (Wed) by Baylink (guest, #755) [Link]

Yes, it *does* change the basis of the suit.

In civil litigation, there is a concept known as "standing" -- do you have
"standing to sue" another party? The concept is analogous to that of "an
insurable interest" in that industry -- if you don't have an insurable
interest in someone or something (by relation, employment or ownership)
you won't be allowed to take out an insurance policy on it.

A similar concept applies here -- if SCO is merely a licensee of the
copyrights in the Unix sources, any duty they might have to file suit over
their release would be subrogate to the actual *owner* of those
copyrights, which in this case is apparently Novell.

Note: IANAL, I just play one on the 'net.