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After years of litigation, the District Court of Utah late yesterday ruled that Novell, not the SCO Group, owns the copyrights to the Unix operating system.
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The long-running case began in 2003 when the company sued IBM, claiming that Linux is an unauthorized subset of Unix, and that SCO had true ownership of Unix and UnixWare Technology after Novell’s sale of part of its Unix business to SCO’s predecessor, the Santa Cruz Organization, in 1995. Novell joined the case after the IBM suit, claiming it did not sell the intellectual property rights to the Santa Cruz Organization. Novell began registering copyrights to Unix after that, and SCO sued Novell in 2004.
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With the partnership, Microsoft is seeking to make Novell its preferred Linux provider and to have both companies' products work well together. Microsoft offers coupons for Suse Enterprise Linux support services as well as legal indemnification for customers who use both Microsoft and Novell's Linux, which is open-source. Wal-Mart, a global retailing giant with $315 billion in annual revenue, is already a Microsoft customer, and Stewart said the multiyear relationship has been "outstanding." She said the intellectual property protections in the Novell deal give Wal-Mart more confidence in using Linux more broadly.
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Since our announcement, some parties have spoken about this patent agreement in a damaging way, and with a perspective that we do not share. We strongly challenge those statements here. We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.
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ReiserFS has been under the control of Hans Reiser, a programmer who this week was arrested on suspicion of murdering his estranged wife. Novell had been considering its decision well before that event, however. "In response to customer demand, in the next version Novell will be changing the default file system in new installations from ReiserFS 3 to ext3," Novell said in a statement. "Novell will continue to support and improve ReiserFS version 3."