Do you remember Darl McBride testifying at trial in SCO v. Novell in April that if you wanted to get Unix source code, the only way to get it was to license UnixWare and that UnixWare was just the latest version of Unix? The court believed that story, so for the sake of history and truth, then, here is a Novell
SEC 10K filing from 1994, when Novell was the place you went to in order to license UnixWare and Unix System V. They sold both UnixWare and Unix source code as two separate products.
As you will see, they had a two-fold business:UNIX SYSTEMS GROUP. USG provides a full suite of UNIX operating system and UNIX
connectivity products. Key products include:
Operating System Products. Novell's UnixWare operating system provides a
powerful application server and client for today's distributed computing
environments. The current product offerings are the UnixWare Application Server
1.1 and the UnixWare Personal Edition 1.1. UnixWare uses the network services
available from NetWare and the cross-platform development tools available from
AppWare to make applications available throughout the entire enterprise.
UnixWare is easy to use, enabling users to be productive right away. Its fully
graphical user interface gives users access to all the enterprise-wide
information and services available in the corporate computing environment with
simple point-and-click mouse functions. UnixWare also supports a variety of
international languages....
Novell also supplies the UNIX operating system source code to other UNIX
system vendors. The latest version, UNIX System V Release 4.2 (SVR4.2), unifies
several earlier versions and offers greatly enhanced ease of use and ease of
administration features. Duh. Unix System V and UnixWare were not the same thing to Novell, nor was UnixWare just the latest version of Unix System V or the only way to get the source. That gives context to the wording of the Novell-Santa Cruz Asset Purchase Agreement the following year:
This ASSET PURCHASE AGREEMENT (the "Agreement") is made and entered into
as of September 19, 1995 by and between The Santa Cruz Operation, Inc.,
a California corporation ("Buyer") and Novell, Inc., a Delaware
corporation ("Seller").
RECITALS
A. Seller is engaged in the business of developing a line of software
products currently known as Unix and UnixWare, the sale of binary and
source code licenses to various versions of Unix and UnixWare, the
support of such products and the sale of other products which are
directly related to Unix and UnixWare (collectively, the "Business").
So, when in history did it become "true" that the only way to get Unix source was to license UnixWare? I guess I'll check Santa Cruz 10Ks next. Incidentally, you will note that attached to the above filing as a paper exhibit is:
10.8 - Agreement and Plan of Reorganization and Merger dated February 12, 1993, among
Novell, Inc.; Novell Acquisition Corp.; UNIX System Laboratories, Inc.; and
American Telephone and Telegraph Company. (11)(Appendix A) And here for history is Novell's account of the USL story: In April 1991, the Company invested $15.0 million in UNIX System
Laboratories, Inc. (USL), a subsidiary of AT&T that develops and licenses the
UNIX operating system and other standards-based software to customers worldwide.
In December 1991, the Company announced the formation of Univel, a joint venture
with USL, formed to accelerate the expanded use of the UNIX operating system in
the personal computer and network computing marketplace. Novell and USL
contributed cash and technology rights to Univel. Then in June 1993, the Company
acquired the remaining portion of USL by issuing approximately 11.1 million
shares of Novell common stock valued at $321.8 million in exchange for all of
the outstanding stock of USL not previously owned by Novell and assumed
additional liabilities of $9.4 million. The transaction was accounted for as a
purchase and, on this basis, resulted in a one-time write-off of $268.7 million
for purchased research and development in the third quarter of fiscal 1993.
...
In April 1991, the Company purchased a minority equity position in UNIX
System Laboratories, Inc. (USL), a subsidiary of AT&T that develops and licenses
the UNIX operating system and other standards-based software to vendors
worldwide. This cash investment of $15.0 million was accounted for using the
cost method. Later, in December 1991, the Company announced the formation of
Univel, a 55% owned joint venture with USL, formed to accelerate the expanded
use of the UNIX operating system in the personal computer and network computing
marketplace. Novell and USL contributed cash and technology rights to Univel. In
June 1993, the Company acquired the remaining unowned portion of USL by issuing
approximately 11.1 million shares of Novell common stock valued at $321.8
million in exchange for all of the outstanding stock of USL not previously owned
by Novell and assumed additional liabilities of $9.4 million. The transaction
was accounted for as a purchase and, on this basis, a one-time write-off of
$268.7 million for purchased research and development was incurred.
Univel has been included in the consolidated financial statements of Novell
since December 1991 by virtue of Novell's 55% ownership interest. That ownership
interest is now 100% since the June 14, 1993 acquisition of USL, whereby both
USL and Univel are now included in the consolidated financial statements of
Novell.
Update: And here is a 1994 press release about Novell releasing UnixWare 2, and it mentions that it was compatible with SCO UNIX and with SVR4:
UnixWare 2 supports more than 3,000 existing applications and maintains compatibility with SVR4, SCO UNIX and Intel ABI applications.
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