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Transcripts!! Days 1 and 2 of Novell v. SCO
Thursday, May 01 2008 @ 07:56 PM EDT

Here we are, the transcripts!! These are for days 1 and 2. More on the way as the trial continues tomorrow, and we'll be getting the transcripts for today as well, and then we'll have a complete historical record of this part of the SCO saga. Chris has made them into PDFs, for our convenience broken up into three per day so you guys on dial up won't choke, and we'll have the text versions up as soon as we can. These are transcripts that you made possible, so I didn't want to wait a minute to share them with you. We can read them together.

Day 1, April 29:
Part 1
Part 2
Part 3

And day 2, April 30:

Part 1
Part 2
Part3

Darl is day 2. I know you guys are going to read that part first. Me too, actually. It's on page 24 of Part 1 on April 30, day 2.

: D

Here's what our eyewitnesses reported happened on Day 1. And here's their account of Day 2, so you can orient yourself.

The first thing I notice is the tree trunk stuff. Here's what was said exactly on direct, Novell's Eric Acker asking Darl the questions:

Q. And it's true, isn't it, that on several prior occasions, you have described SCO's UNIX assets using a tree analogy?

A. Yes.

Q. Why don't we bring up Exhibit 421, if we could. Let me give you a copy. And if you take a look at the third page of Exhibit 421, Mr. McBride, or fourth page, that's the tree; right?

A. Yes.

Q. And in the diagram, the trunk labeled as SCO IP UNIX, that's the core UNIX System V software code; correct? That's what that represents?

A. Yes.

Q. And the branches on this diagram are derivative works that are based on the core UNIX software code; correct?

A. Yes.

Q. And those branches include both SCO UnixWare; correct?

A. SCO -- that is correct. SCO UnixWare is a little bit unique in this diagram in that it serves both as the trunk of the tree and also as a branch.

And so if somebody came to the company and said, we want to get the core intellectual property to UNIX, and we want to take a license for that, for example, IBM did that with us in 1998, we said, okay, if you want to get core access to the UNIX intellectual property or the trunk code, the way you do that is through a UnixWare license.

So UnixWare is unique compared to any of these other branches in that the core trunk is where the UNIX intellectual property was held was inside of UnixWare.

So it's both trunk and branch. Hahahaha. Just like in nature. Here's the diagram again, so you can see how silly this argument is:

Do you see UnixWare depicted as both the trunk and the branch?? Oops. Is it my all-time favorite SCO story? Hard to say, with so many SCO stories to choose from, but it's got to be Top Ten.

Incidentally, so you can laugh along, here's IBM's original AT&T license for Unix, which doesn't mention UnixWare at all, which if you are a UNIX historian will not surprise you at all. Here's the 1996 amendment, and the famous Amendment X in that same year, which talk only about System V. What happened in 1998 was the Project Monterey agreement, which was not at all IBM approaching Santa Cruz and asking to license UNIX. It was a co-developement project, which involved UnixWare. Here's what they were going to produce, according to that contract:

1.9 "IA-32 Product" shall mean the UNIX operating system that is designed to run on Intel architecture and compatibles and which consists of SCO's UnixWare 7 with the addition of Licensed IBM Materials and any additional Project Work developed under this Agreement.

1.10 "IA-64 Product" shall mean the UNIX operating system that is designed to run on Intel architecture and compatibles and which consists of IBM's AIX operating system with the addition of Licensed SCO Materials and any additional Project Work developed under this Agreement.

So that is why UnixWare is the star of that one contract. You have to watch those SCOfolk like a hawk. And Groklaw's Contracts page can help you do exactly that.


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