In the current article, Carey supposedly opines that "... the whole theory that the judge is proceeding under is odd. The notion that Novell sold the UNIX business but not the copyright in the UNIX code is a metaphysical leap that might not survive an appeal (if SCO can muster an appeal)."
If the above comment is accurate, then it is Carey's comment that is odd. First, there is no such thing as the "judge's theory" - rather, it is Novell's "theory" (or, more accurately, version of the transaction) that the Judge is agreeing with. Second, the notion of selling a business without selling the copyrights is hardly a "metaphysical leap" - when Santa Cruz sold its OpenServer business to Caldera, it also wanted to do exactly that - retain the copyrights, while Caldera acquired the business and paid back royalties to Santa Cruz. [This arrangement was finally scuttled when it made the deal too complicated, but not because it involved any metaphysical leaps.] Business deals may appear odd from a legal perspective such as that of Mr. Carey, but ultimately, they are driven by business needs (as Jim has noted above).
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Is SCO finally dead?
Posted by: Anonymous [ip: 66.92.128.124] on July 19, 2008 02:01 AMhttp://www.theinquirer.net/en/inquirer/news/2003/09/19/digging-for-truth
http://www.pcauthority.com.au/News/14466,sco-sues-first-linux-customer.aspx
http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2914464,00.html
In the current article, Carey supposedly opines that "... the whole theory that the judge is proceeding under is odd. The notion that Novell sold the UNIX business but not the copyright in the UNIX code is a metaphysical leap that might not survive an appeal (if SCO can muster an appeal)."
If the above comment is accurate, then it is Carey's comment that is odd. First, there is no such thing as the "judge's theory" - rather, it is Novell's "theory" (or, more accurately, version of the transaction) that the Judge is agreeing with. Second, the notion of selling a business without selling the copyrights is hardly a "metaphysical leap" - when Santa Cruz sold its OpenServer business to Caldera, it also wanted to do exactly that - retain the copyrights, while Caldera acquired the business and paid back royalties to Santa Cruz. [This arrangement was finally scuttled when it made the deal too complicated, but not because it involved any metaphysical leaps.] Business deals may appear odd from a legal perspective such as that of Mr. Carey, but ultimately, they are driven by business needs (as Jim has noted above).
sk43999
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