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To read comments to this article, go here
Red Hat Reports to the Judge ... Again
Monday, March 27 2006 @ 01:28 PM EST

Here's Red Hat's latest report [PDF] to the judge on how things are going in SCO v. IBM et al. If someone could do a text/HTML of the letter, I'd appreciate it. Also, note that the letter says that Novell is supposed to file its Answer to SCO's Second Amended Complaint today, but they actually have until April 10, thanks to a March 17, 2006 stipulation [PDF] we reported earlier.

One can't help but discern a lack of concern on Red Hat's part at this stage about the details. This letter is dated March 27, 2006. It's more of the same, just keep sending in periodic letters, blah blah.

Red Hat just announced the release of Fedora Core 5, which includes the following:

Among the new desktop applications in FC 5 are fruits of the open source Mono project, which include the Tomboy note-taking application, the F-spot digital photograph management tool and the Beagle desktop search tool.

FC 5 also enhances support in multimedia applications for Xiph.org codecs, adds OpenDocument support and improved PDF export capabilities through OpenOffice.org version 2.0.2 and includes support for AIGLX (Accelerated Indirect GLS) to enable GL-accelerated effects on a standard Linux desktop.

The latest versions of GNOME 2.14 and KDE 3.5.1 also bring other enhancements, the company says.

As Red Hat announced earlier this month, FC 5 also includes a preview of the open-source Xen virtualisation technology it plans to integrate into the next version of Red Hat Enterprise Linux. FC 5 uses version 3.0 of the Xen development branch, with support for 32-bit and 64-bit x86 hardware, and adds a guest install script to ease the setup of virtual machines.



And here, thanks to sjlilley and an anonymous volunteer, is the letter as text:

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

YOUNG CONAWAY STARGATT & TAYLOR, LLP

[address and phone numbers]

March 27, 2006

BY E-FILE

The Honorable Sue L. Robinson
United States District Court
[address]

Re: Red Hat, Inc. v. SCO Group, Inc.
Civil Action No. 03-772-SLR

Dear Chief Judge Robinson:

Pursuant to the Court's April 6, 2004 Order requesting a quarterly report on the status of various related litigation matters, Red Hat, Inc. ("Red Hat") submits this letter as an update to its previous letter, dated December 27, 2005. Although Red Hat is not a party to these other related cases, Red Hat offers the following summary based upon publicly available information.

1. SCO Group, Inc v. International Business Machines Corp.

On December 22, 2005, pursuant to the Court's July l, 2005 pre-trial management order, SCO filed a disclosure of material it claims was misused by IBM. The disclosure identified 293 technology disclosures purportedly reflecting the extent to which IBM disclosed methods, concepts, and code, from UNIX and UNIX-derived technologies. On February 13, 2006, IBM responded with a motion to limit SCO's claims relating to allegedly misused material, arguing that only ninety-three of these disclosures provided detail sufficient to identify the allegedly misused material (e.g., versions or line numbers), and requesting that the Court limit the scope of SCO's claims to these ninety-three items.

2. SCO Group, Inc. v. AutoZone. Inc.

Since the filing of our last letter to the Court, no significant activity has occurred in this case.

3. SCO v. Novell, Inc.

On December 30, 2005, SCO filed a motion for leave to file an amended complaint. Following the parties' stipulation to the filing of this amended pleading, and the Court's Order granting leave, a second amended complaint was filed on February 3, 2006. In addition to its original slander of title claim, the second amended complaint added four additional claims against Novell:


YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Honorable Sue L. Robinson
March 27, 2006
Page 2

  • Breach of the Asset Purchase Agreement by making unauthorized distributions of UNIX;
  • An alternative breach of contact claim seeking specific performance of its obligations under the Asset Purchase Agreement;
  • Copyright infringement based on the unauthorized distribution of UNIX technology; and
  • Unfair competition based on false claims of copyrights and ownership in UNIX, misappropriation of UNIX technology in Linux, and wrongful attempts to thwart SCO's claims

Novell's response to the amended complaint is due on March 27, 2006

Respectfully submitted,
[signature of Josy Ingersoll]
Josy W. Ingersoll (No. 1088)

JWI:cg

cc: Clerk of the Court (by CM/ECF and hand delivery)
Mark G. Matuschak, Esquire (by e-mail)
Michelle D. Miller, Esquire (by e-mail)
Stephen N. Zack, Esquire (by e-mail)
Jack B. Blumenfeld, Esquire (by e-mail and e-filing)


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