The jury has retired in the federal court trial which
pits anti-Linux badboy SCO Group against Novell over which one owns the
copyrights to the Unix computer operating system.
After nearly three weeks of testimony, and years of legal
wrangles, the jury finally gets to decide. If the 12-member panel says The SCO Group owns the
copyrights, then it also is being asked to determine how much money, if any,
Novell owes SCO for interfering with its ownership rights. SCO has claimed it lost
sales of up to $215 million as a result of Novell's actions. If SCO wins it will then try and take on IBM claiming
that Big Blue used the copyrighted Unix code as a basis for changes to the
Linux operating system. Then it will start hitting every Linux user in the
world to buy a licence.
Novell ended its case Thursday with three witnesses, two
of them lawyers who testified they intended for Novell to retain the copyrights
to the Unix system in a 1995 agreement that transferred Unix to the Santa Cruz
Operations which effectively became SCO. SCO attorney Stuart Singer countered with a document
attached to a memo that Bradford had sent to the board, informing it about the
deal. The "term sheet" that described major parts of the sales
agreement did not say that copyrights were being retained.
SCO recalled witness Robert Frankenberg, the former
Novell CEO and board chairman who was in charge of the company when the deal
was made. Frankenberg reiterated that former Novell officer Duff
Thompson conducted the negotiations and that it was his intention to sell the
entire Unix business, including the copyrights.