The Novell/SCO Group spat over rights to the Unix computer operating system took another turn Friday as SCO said it will let some people see Unix code it believes has been illegally included in open-source Linux software.
During a conference call Friday, SCO executives said that starting next week, members of the software community, analysts and news media will be allowed to see some of the code and derivatives and other information, under the condition that they not disclose the information.
The companies are locked in a battle over control of Unix. Novell has said an agreement between the companies in 1995 did not transfer copyrights and patents to the Unix System V from Novell to SCO, but Lindon-based SCO said the contractual rights are stronger than the copyrights. It calls itself "the owner of the Unix operating system."
Provo-based Novell has supported Linux, which is distributed free, and has announced plans to have a version of NetWare based on the Linux kernel, plus other collaboration and resource management products for Linux.
On Wednesday, Novell's chairman, president and chief executive officer, Jack Messman, challenged SCO to show its "specific evidence" supporting its claims that Unix has illegally been included in Linux.
The company will show "hundreds of lines of code, and that's just the tip of the iceberg," Darl McBride, SCO's president and chief executive officer, said Friday. He said SCO customers "don't want to wait three or four years" to see the code at a possible court hearing.
"We are stepping forward with the requests — the demands — that have been coming in," McBride said.
McBride also said people will be able to view the Novell/SCO contracts. The rights contained in the contracts "are senior in position" to other rights, he said.
"When you're holding a couple of aces, it doesn't make sense to go down and look at a seven or a five you're holding in your hand," he said.
"You pay north of $100 million to pay for something, you don't expect to have to go back and pay for it again," he said, referring to terms of the 1995 contract.
As for Novell's opposite view on Unix control, "we are prepared to go get resolution on that," McBride said.
He called Unix "our crown jewel. It is what we're fighting for."
SCO recently sent a letter to 1,500 companies, saying they may face legal liability for using Linux. SCO in March sued International Business Machines Corp. for $1 billion, challenging the way IBM develops products using Linux. SCO claimed IBM transferred pieces of Unix software into Linux, a violation of its license with SCO.
SCO also recently said it would be suspending all of its future sales of Linux until intellectual property issues with the product are resolved.
SCO's stock, which had been falling since Wednesday, rose 70 cents, or almost 12 percent, to close Friday at $6.70 per share. Novell stock also rose, closing up 14 cents at $3.34.
E-mail: bwallace@desnews.com