As you probably found out before I did, SCO just sued Novell. [Update: The url no longer resolves, because SCO has removed the sco.com/novell page entirely; however you can obtain the complaint as PDF or text from Groklaw] Novell. They don't like it that Novell registered for copyrights on Unix. Certainly, the competing copyright claims should be resolved before SCO can successfully sue anybody else for copyright infringement, because if they sued someone, Novell could stand up and tell the judge in essence: "I am the correct party to settle the issue of who has the copyright. The hapless end user that SCO is suing is in no position to know who has the rightful copyright, so SCO is suing the wrong party. It should settle this issue with me."

I am both appalled and thrilled. Appalled because I can't believe that SCO is interested in opening a new legal front. It's a little like Napoleon invading Russia. At some point, you are overextended. Then it's winter. Then it's over.

I am thrilled because a Novell win would block SCO from suing anyone for copyright infringement, using the DMCA as a club. No one can infringe your copyright if you don't own one. Red Hat is asking the judge to declare that Red Hat is not infringing on SCO's copyright. Novell, in contrast, will presumably be asserting that they own the copyrights so SCO has no copyright to infringe. So the Novell lawsuit is the complete copyright package in a frame, and it will answer the question: does SCO even have a copyright?

Obviously, if Novell prevails, it will impact almost every other case. First, the Red Hat issue would be won, without breaking a sweat. Contract issues that are not copyright-related could continue, so IBM still would have to carry the world on its shoulders in its case, but it has broad shoulders. Of course, a SCO win would have a damaging ripple effect in the opposite direction. I find it hard to believe Novell would have registered for the copyrights if it didn't feel confident of its position.

Here's the press release announcing the grounds SCO alleges for their lawsuit:

"Among the allegations in the suit:

* Novell has improperly filed copyright registrations in the United States Copyright Office for UNIX technology covered by SCO's copyrights.

* Novell has made false and misleading public claims that it, and not SCO, owns the UNIX and UnixWare copyrights.

* Novell has made false statements with the intent to cause customers and potential customers to not do business with SCO.

* Novell has attempted, in bad faith, to block SCO's ability to enforce its copyrights.

* Novell's false and misleading representations that it owns the UNIX and UnixWare copyrights has caused SCO irreparable harm to its copyrights, its business, and its reputation.

The lawsuit, filed in Utah State court, in Salt Lake City, requests preliminary and permanent injunctive relief as well as damages. The injunction would require Novell to assign to SCO all copyrights that Novell has wrongfully registered, prevent Novell from representing any ownership interest in those copyrights, and require Novell to retract or withdraw all representations it has made regarding its purported ownership of those copyrights.

"SCO takes this action today given Novell's recent and repeated announcements regarding their claimed ownership of the UNIX and UnixWare copyrights. SCO has received many questions about Novell's actions from potential customers, investors and the press. Although SCO owns the UNIX and UnixWare copyrights, Novell's efforts to claim ownership of these copyrights has forced this action," said Mark Heise, partner, Boies, Schiller and Flexner, LLP. "We encourage the public and commercial Linux users to read the Asset Purchase Agreement from 1995 (including Attachment E found at www.sco.com/novell) and Amendment 2 so they can see for themselves that SCO owns the copyrights to UNIX and UnixWare."

The lawsuit seeks damages in an amount to be proven at trial for Novell's alleged slander of SCO's title to the UNIX and UnixWare copyrights. In addition, the lawsuit seeks punitive damages in an amount to be proven at trial for Novell's malicious and willful conduct.

In other news, Red Hat, which already had a defense fund for programmers, now has one for users as well, the Open Source Now Fund, part of its Open Source Assurance Program:

A key feature of the Open Source Assurance Program is an Intellectual Property Warranty. The warranty ensures, that in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code. Red Hat's warranty assures customers that they can use Red Hat Enterprise Linux and related solutions without interruption. The warranty is available for all customers having a valid registered subscription to Red Hat Enterprise Linux or related solutions.

"Enterprise platform deployments are key investments that should be protected. Red Hat customers have the security of a trusted partner to guarantee a resolution should there be an issue for continued use," said Bryan Sims, vice president of Business Development at Red Hat. "We have provided this guarantee to many of our large enterprise customers and we are now extending this guarantee to all customers who use Red Hat Enterprise Linux."

* -- /** uh, like put code here, dude. */
* -- /** Darl was here! */

Finally, finally, since some are having trouble finding Attachment E, here it is on its own, thanks to Chris Brewer. I have to get some sleep, so here's your homework. Find any source code or binaries helpful to SCO on this list? And what is this a list of? Drivers and manuals? Is it in fact a list of copyrights transferred?:

**************************************

ATTACHMENT E

Selling Copyrights in Product(s) of Business

And here is the press release in full:

*********************************

SCO Files Slander of Title Lawsuit Against Novell

Complaint Requests Injunctive Relief and Damages Against Novell for Copyright Misrepresentations and Alleges Bad Faith Effort by Novell to Interfere With SCO's Intellectual Property Rights to UNIX and UnixWare

LINDON, Utah, Jan. 20 /PRNewswire-FirstCall/ -- The SCO Group, Inc. (Nasdaq: SCOX), the owner of the UNIX(R) operating system and a leading provider of UNIX-based solutions, today filed suit against Novell (Nasdaq: NOVL) for its alleged bad faith effort to interfere with SCO's rights with respect to UNIX and UnixWare(R). Among the allegations in the suit:

* Novell has improperly filed copyright registrations in the United States Copyright Office for UNIX technology covered by SCO's copyrights.

* Novell has made false and misleading public claims that it, and not SCO, owns the UNIX and UnixWare copyrights.

* Novell has made false statements with the intent to cause customers and potential customers to not do business with SCO.

* Novell has attempted, in bad faith, to block SCO's ability to enforce its copyrights.

* Novell's false and misleading representations that it owns the UNIX and UnixWare copyrights has caused SCO irreparable harm to its copyrights, its business, and its reputation.

"SCO takes this action today given Novell's recent and repeated announcements regarding their claimed ownership of the UNIX and UnixWare copyrights. SCO has received many questions about Novell's actions from potential customers, investors and the press. Although SCO owns the UNIX and UnixWare copyrights, Novell's efforts to claim ownership of these copyrights has forced this action," said Mark Heise, partner, Boies, Schiller and Flexner, LLP. "We encourage the public and commercial Linux users to read the Asset Purchase Agreement from 1995 (including Attachment E found at http://www.sco.com/novell) and Amendment 2 so they can see for themselves that SCO owns the copyrights to UNIX and UnixWare."

The lawsuit seeks damages in an amount to be proven at trial for Novell's alleged slander of SCO's title to the UNIX and UnixWare copyrights. In addition, the lawsuit seeks punitive damages in an amount to be proven at trial for Novell's malicious and willful conduct.

Forward-Looking Statements

This press release contains forward-looking statements regarding SCO's lawsuit against Novell. These forward-looking statements relate to SCO's allegations against Novell and the relief sought by SCO. These forward- looking statements are subject to risks and uncertainties including, without limitation, the risk that SCO may not be successful in its claims against Novell and that the pursuit of protections for SCO's copyrights will require the expenditure of resources and may result in further litigation. These forward-looking statements are also subject to the risks and uncertainties set forth in SCO's filings with the Securities and Exchange Commission. About SCO

The SCO Group (Nasdaq: SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 4,000 developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com .

SCO, and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX and UnixWare are registered trademarks of The Open Group.