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INTEREST: "R" free software environment for statistical computing and graphics.
by Doug Hamilton 27 Apr '10

27 Apr '10

Some of you may not know of the GNU Open-Source project (free) statistic software suite simply called "R". Unlike SPSS which runs in a slow JavaVM environment, and SAS which does run on Mac OS at all, R exists exists for Mac OS X, Linux, and Windows. If you're up for it, even the source code is also available for download and compilation or modification. To download the software, here is a link to a Canadian "mirror" site hosted at Dalhousie University: http://mirror.its.dal.ca/cran/ What is "R": R is an integrated suite of software facilities for data manipulation, calculation and graphical display. It includes • an effective data handling and storage facility, • a suite of operators for calculations on arrays, in particular matrices, • a large, coherent, integrated collection of intermediate tools for data analysis, • graphical facilities for data analysis and display either on-screen or on hardcopy, and • a well-developed, simple and effective programming language which includes conditionals, loops, user-defined recursive functions and input and output facilities. Here is the main page for the R-project: http://www.r-project.org/ I also found this journal article of interest, which some in this group may find of interest "Transitioning to R: Replicating SAS, Stata, and SUDAAN Analysis Techniques in Health Policy Data" http://journal.R-project.org/archive/2009-2/RJournal_2009-2_Damico.pdf The "R" FAQ can be found here, http://mirror.its.dal.ca/cran/

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INTEREST: SAS-OnDemand (online)
by billing 26 Apr '10

26 Apr '10

[NOTE System Requirements for this product: Available for use on: Microsoft Windows XP Professional, Microsoft Windows Vista Home - Basic or Microsoft Windows Vista Home - Premium. MacIntosh operating systems are not supported.] [NOTE: data being analyzed may reside at SAS web site.] ...from: http://www.sas.com/news/preleases/ondemandforacademics-nocostSGF10.html SAS® resources to be available to higher education students worldwide at no cost SAS® OnDemand for Academics develops valuable skills in high demand by employers SAS GLOBAL FORUM, SEATTLE (Apr. 12, 2010) – SAS is removing a potential barrier to students seeking experience using advanced data analysis to solve classroom and real-world problems. SAS OnDemand for Academics, already used at no cost by professors at some 200 colleges and universities, will be available at no cost to all students worldwide in fall 2010. SAS OnDemand for Academics quickly and easily delivers the power of SAS software to higher education. Modern society is awash in data. SAS coursework provides students the skills to analyze massive amounts of data and then use this knowledge to make sound decisions. Whether it is uncovering fraud in banking and government, improving health care or predicting which customers will respond to a marketing campaign, the applications of data analytics cross all industries, placing analytic skills in high demand. "When interviewers see SAS and data mining, it’s a very big plus on the résumé,” said Alan Olinsky, Professor of Applied Math at Bryant University. “There is so much data out there; we just don’t have enough people to analyze it. Statistics is becoming very popular, and SAS is an integral part of that." SAS OnDemand for Academics is an online service for teaching and learning data management and analytics. Users register and access SAS software via the Web and perform processing by connecting to a hosted server at SAS. Through SAS OnDemand for Academics, users have access to multiple SAS applications such as SAS® Enterprise Guide® (which includes access to Base SAS) and SAS® Enterprise Miner™ (which includes SAS Text Miner). Additional SAS software applications will be added over time. "While students can access SAS at no cost, professors remain the gatekeepers. We want to ensure that SAS is integrated into coursework in a thoughtful and effective manner, providing students the most engaging experience," said Ron Statt, Product Development Manager for the SAS Education Practice. "Students should ask their professors to consider using SAS OnDemand for Academics. We're happy to consult on the best ways to make that happen." To make adoption easier and more effective, SAS will continue developing supporting materials to use with SAS OnDemand for Academics, and encourages professors and students to submit ideas. With more than 2,000 college, university and business-school customers in 109 countries and education specialists on every continent, SAS serves the education industry by delivering software solutions, strategic services and academic programs that spark innovation and expand educational opportunities. Today's announcement was made at SAS Global Forum, the world’s largest gathering of SAS users, attended by more than 3,000 business and IT users of SAS software and solutions. ...more info at: http://support.sas.com/learn/ap/ http://www.sas.com/offices/NA/canada/9-services_support/320-academic_progra…

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INTEREST: Java founder quits Oracle
by billing 26 Apr '10

26 Apr '10

...from: http://www.itworldcanada.com/news/java-founder-james-gosling-quits-oracle/1… Java founder James Gosling quits Oracle By: Joab Jackson On: 10 Apr 2010 Father of Java James Gosling is the latest ex-Sun employee to leave Oracle following the merger of Sun Microsystems James Gosling, the creator of the Java programming language, has resigned from Oracle, he announced in a blog entry on Friday Gosling resigned on April 2 and has not yet taken a job elsewhere, he reported. "As to why I left, it's difficult to answer: just about anything I could say that would be accurate and honest would do more harm than good," he wrote. Gosling was the chief technology officer for Oracle's client software group and, before that, the chief technology officer of Sun's developer products group. In 1991, he led a small group of engineers in a project, then called Oak, to build an object-oriented programming language that would run on a virtual machine, which would allow programs to run on multiple platforms, such as television set-top boxes. This work evolved into Java, which took off in conjunction with the growing use of the Internet, thanks in part to its inclusion into the Netscape browser. Gosling follows a number of other noted ex-Sun employees out the door since Oracle's purchase of the company was finalized in January, including CEO Jonathan Schwartz, and XML co-inventor Tim Bray. Less than a month ago, Gosling had stressed the importance of Java to Oracle. "Oracle has certainly been incredibly committed to keeping Java and the whole ecosystem as strong and as healthy as can be," he said, during a talk at a Java symposium in Las Vegas. But around the same time he also expressed dismay over the growing politicization of the Java Community Process. Fellow ex-Sun alumni Bray tweeted that he was "astounded that Gosling held on so long."

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FYI: Apple Education Seminars Invitation - Apple Tech Series - Platform Virtualization on Mac OS X
by Doug Hamilton 22 Apr '10

22 Apr '10

Apple Tech Series - Platform Virtualization on Mac OS X Monday, May 10 2010 10:00AM to 3:00PMAdd to iCal You've been invited to an event Please join us for a workshop on virtualization solutions for your Macs on campus. The objective is to help your organization better understand these important tools as a way to efficiently use Macs for multiple operating systems. Please use the address in this e-mail to register for the event. Holiday Inn - Winnipeg South 1330 Pembina Highway Conference Theatre Room Winnipeg, MB R3T 2B4 Get Directions Copyright © 2010 Apple Inc. 1 Infinite Loop, Cupertino, CA 95014. All Rights Reserved / Keep Informed / Privacy Policy

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FYI: Apple Headphones with Remote Replacement Program
by billing 21 Apr '10

21 Apr '10

...from: http://www.apple.com/support/headphones/replacementprogram/ Apple Headphones with Remote Replacement Program Apple has determined that the Apple Headphones with Remote included with the iPod shuffle (3rd gen) may fail under certain conditions. A very small percentage of iPod shuffle owners have experienced this issue. These headphones were included with the iPod shuffle (3rd generation) made between approximately February 2009 and February 2010. If your headphones stop working or work intermittently as described below, Apple will replace them, free of charge, for two years from date of purchase. Symptoms Controls are non-responsive or work intermittently Unexpected volume increase or decrease Unexpected playing of voice feedback Product Description Apple Headphones with Remote - included with iPod shuffle (3rd generation). Serial number ranges of the iPod shuffle with the covered headphones: xx909xxxxxx to xx952xxxxxx xx001xxxxxx to xx004xxxxxx How to find the serial number on an iPod shuffle. Note: Apple In-Ear Headphones with Remote and Mic and Apple Earphones with Remote and Mic which exhibit the symptoms noted above are also covered under this program. All of these headphones have an in-line remote on the right earbud cable like the one illustrated here: Next Steps If your headphones are experiencing any of the symptoms noted above, please use the Online Service Assistant on the Apple Support site to begin the replacement process. You will need to provide the following information: Serial number of your iPod or iPhone Shipping and Billing addresses Credit card information Please choose "Replace part or accessory" as the service needed. Then choose "Headphones" to complete the request. Upon completion of your online service request, Apple will send you a replacement along with a pre-paid return envelope so that you can ship back the original headphones. It's important that you return the original headphones so that they can be examined and recycled responsibly. If Apple does not receive your original headphones within 10 business days, your credit card will be charged a non-return fee. You may also visit an Apple Retail Store to obtain a replacement. We recommend you set up an appointment with aGenius. Outside the U.S., please visit an Apple Authorized Service Provider to obtain a replacement. If you have any issues placing the replacement order, please contact Apple. Additional Information This worldwide Apple program does not extend the standard warranty coverage of the covered headphones. Apple will continue to evaluate the repair data and will provide further updates to the program if needed. Information as of 2010-04-16

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INTEREST: Web Coupons Know Lots About You, and They Tell
by billing 18 Apr '10

18 Apr '10

...from: http://www.nytimes.com/2010/04/17/business/media/17coupon.html?pagewanted=2… Web Coupons Know Lots About You, and They Tell By STEPHANIE CLIFFORD Published: April 16, 2010 For decades, shoppers have taken advantage of coupons. Now, the coupons are taking advantage of the shoppers. A new breed of coupon, printed from the Internet or sent to mobile phones, is packed with information about the customer who uses it. While the coupons look standard, their bar codes can be loaded with a startling amount of data, including identification about the customer, Internet address, Facebook page information and even the search terms the customer used to find the coupon in the first place. And all that information follows that customer into the mall. For example, if a man walks into a Filene’s Basement to buy a suit for his wedding and shows a coupon he retrieved online, the company’s marketing agency can figure out whether he used the search terms “Hugo Boss suit” or “discount wedding clothes” to research his purchase (just don’t tell his fiancée). Coupons from the Internet are the fastest-growing part of the coupon world — their redemption increased 263 percent to about 50 million coupons in 2009, according to the coupon-processing company Inmar. Using coupons to link Internet behavior with in-store shopping lets retailers figure out which ad slogans or online product promotions work best, how long someone waits between searching and shopping, even what offers a shopper will respond to or ignore. The coupons can, in some cases, be tracked not just to an anonymous shopper but to an identifiable person: a retailer could know that Amy Smith printed a 15 percent-off coupon after searching for appliance discounts at Ebates.com on Friday at 1:30 p.m. and redeemed it later that afternoon at the store. “You can really key into who they are,” said Don Batsford Jr., who works on online advertising for the tax preparation company Jackson Hewitt, whose coupons include search information. “It’s almost like being able to read their mind, because they’re confessing to the search engine what they’re looking for.” While companies once had a slim dossier on each consumer, they now have databases packed with information. And every time a person goes shopping, visits a Web site or buys something, the database gets another entry. “There is a feeling that anonymity in this space is kind of dead,” said Chris Jay Hoofnagle, director of the Berkeley Center for Law and Technology’s information privacy programs. None of the tracking is visible to consumers. The coupons, for companies as diverse asRuby Tuesday and Lord & Taylor, are handled by a company called RevTrax, which displays them on the retailers’ sites or on coupon Web sites, not its own site. Even if consumers could figure out that RevTrax was creating the coupons, it does not have a privacy policy on its site — RevTrax says that is because it handles data for the retailers and does not directly interact with consumers. RevTrax can also include retailers’ own client identification numbers (Amy Smith might be client No. 2458230), then the retailer can connect that with the actual person if it wants to, for example, to send a follow-up offer or a thank-you note. Using coupons also lets the retailers get around Google hurdles. Google allows its search advertisers to see reports on which keywords are working well as a whole but not on how each person is responding to each slogan. “We’ve built privacy protections into all Google services and report Web site trends only in aggregate, without identifying individual users,” Sandra Heikkinen, a spokeswoman for Google, said in an e-mail message. The retailers, however, can get to an individual level by sending different keyword searches to different Web addresses. The distinct Web addresses are invisible to the consumer, who usually sees just a Web page with a simple address at the top of it. So clicking on an ad for Jackson Hewitt after searching for “new 2010 deductions” would send someone to a different behind-the-scenes URL than after searching for “Jackson Hewitt 2010,” though the Web pages and addresses might look identical. This data could be coded onto a coupon. RevTrax works as closely with image-rich display ads, with coupons also signaling what ad a person saw and on what site. “Wherever we provide a link, whether it’s on search or banner, that thing you click can include actual keywords,” said Rob O’Neil, director of online marketing at Tag New Media, which works with Filene’s. “There’s some trickery.” The companies argue that the coupon strategy gives them direct feedback on how well their marketing is working. Once the shopper prints an online coupon or sends it to his cellphone and then goes to a store, the clerk scans it. The bar code information is sent to RevTrax, which, with the ad agency, analyzes it. “We break people up into teeny little cross sections of who we think they are, and we test that out against how they respond,” said Mr. Batsford, who is a partner at 31 Media, an online marketing company. RevTrax can identify online shoppers when they are signed in to a coupon site like Ebates or FatWallet or the retailer’s own site. It says it avoids connecting that number with real people to steer clear of privacy issues, but clients can make that match. The retailer can also make that connection when it is offering coupons to its Facebook fans, like Filene’s Basement is doing. “When someone joins a fan club, the user’s Facebook ID becomes visible to the merchandiser,” Jonathan Treiber, RevTrax’s co-founder, said. “We take that and embed it in a bar code or promotion code.” “When the consumer redeems the offer in store, we can track it back, in this case, not to the Google search term but to the actual Facebook user ID that was signing up,” he said. Although Facebook does not signal that Amy Smith responded to a given ad, Filene’s could look up the user ID connected to the coupon and “do some more manual-type research — you could easily see your sex, your location and what you’re interested in,” Mr. Treiber said. (Mr. O’Neil said Filene’s did not do this at the moment.) The coupon efforts are nascent, but coupon companies say that when they get more data about how people are responding, they can make different offers to different consumers. “Over time,” Mr. Treiber said, “we’ll be able to do much better profiling around certain I.P. addresses, to say, hey, this I.P. address is showing a proclivity for printing clothing apparel coupons and is really only responding to coupons greater than 20 percent off.” That alarms some privacy advocates. Companies can “offer you, perhaps, less desirable products than they offer me, or offer you the same product as they offer me but at a higher price,” said Ed Mierzwinski, consumer program director for the United States Public Interest Research Group, which has asked the Federal Trade Commission for tighter rules on online advertising. “There really have been no rules set up for this ecosystem.”

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FYI: Microsoft Office 2008 updates
by billing 13 Apr '10

13 Apr '10

[NOTE: make sure you quite from all OFFICE applications as well as Microsoft's "Remote Desktop Connection" application to do this update.] ...from: http://support.microsoft.com/kb/980839 Before you install the Office 2008 12.2.4 Update, make sure that the computer is running Mac OS X 10.4.9 (Tiger) or a later version of the Mac OS X operating system. To verify that the computer meets this prerequisite, click About This Mac on the Apple menu. Additionally, you must install the Microsoft Office 2008 for Mac 12.2.3 Update or later versions before you install the Office 2008 for Mac 12.2.4 Update. To verify the update that is installed on your computer, follow these steps: • On the Go menu, click Applications. • Open the Microsoft Office 2008 folder, and then open any Office application. For example, open Microsoft Word. • On the Word menu, click About Word. • In the About Word dialog box, compare the version number next to Latest Installed Updateto the version number that is a prerequisite. For example, pre-update: ...post-update: Description of the Microsoft Office 2008 for Mac 12.2.4 Update View products that this article applies to. On This Page Expand all | Collapse all INTRODUCTION Microsoft has released security bulletin MS10-017. This security bulletin contains all the relevant information about the security updates for Microsoft Office 2008 for Mac. To view the complete security bulletin, visit the following Microsoft Web site: http://www.microsoft.com/technet/security/bulletin/ms10-017.mspx Back to the top Update details This update improves security. It includes fixes for vulnerabilities that an attacker can use to overwrite the contents of your computer's memory with malicious code. In addition, this update contains several improvements to enhance stability and performance. Back to the top Improvements that are included in the update The Office 2008 for Mac 12.2.4 Update includes the following improvements. Improvements for all Microsoft Office 2008 for Mac applications Helps improve security. This update fixes vulnerabilities in Office 2008 that an attacker can use to overwrite the contents of your computer's memory with malicious code. For more information, see the security bulletin that is listed earlier in this document. Improvements for Microsoft Excel 2008 for Mac Stability is improved. This update fixes an issue that could cause Excel to close unexpectedly in the following scenarios: Corrupted fonts are present. You insert a row or value into a calculated column. You drag the scroll bar when Excel is displaying trendlines. Performance is improved. This update fixes an issue that causes slow performance with certain printer drivers in Mac OS X Snow Leopard. Imported content from a text file is formatted correctly. This update fixes an issue in which multiple line values in a single cell appear in separate rows when you save the contents as a text file and then open the file in Excel. Back to the top Prerequisites Before you install the Office 2008 12.2.4 Update, make sure that the computer is running Mac OS X 10.4.9 (Tiger) or a later version of the Mac OS X operating system. To verify that the computer meets this prerequisite, click About This Mac on the Apple menu. Additionally, you must install the Microsoft Office 2008 for Mac 12.2.3 Update or later versions before you install the Office 2008 for Mac 12.2.4 Update. To verify the update that is installed on your computer, follow these steps: On the Go menu, click Applications. Open the Microsoft Office 2008 folder, and then open any Office application. For example, open Microsoft Word. On the Word menu, click About Word. In the About Word dialog box, compare the version number next to Latest Installed Updateto the version number that is a prerequisite. Back to the top How to obtain the update The following file is available for download from the Microsoft Download Center: Download the Microsoft Office 2008 for Mac 12.2.4 Update package now. Release Date: March 9, 2010 For more information about how to download Microsoft support files, click the following article number to view the article in the Microsoft Knowledge Base: 119591 How to obtain Microsoft support files from online services Microsoft scanned this file for viruses. Microsoft used the most current virus-detection software that was available on the date that the file was posted. The file is stored on security-enhanced servers that help prevent any unauthorized changes to the file. Back to the top Updated files For a complete list of the files that this update adds or changes, double-click the update installer, and then on the File menu, click Show Files. Notes The Office 2008 12.2.4 Update is also available from Microsoft AutoUpdate. AutoUpdate is a program that automatically keeps Microsoft software up-to-date. To use AutoUpdate, start a Microsoft Office program. Then, on the Help menu, click Check for Updates. For more information about resources for Office 2008 for Mac, visit the following Microsoft Web site: http://www.microsoft.com/mac Back to the top APPLIES TO Microsoft Office 2008 for Mac Microsoft Office 2008 for Mac Business Edition Microsoft Office 2008 for Mac Home and Student Edition Microsoft Office 2008 for Mac Special Media Edition Microsoft Entourage 2008 for Mac Microsoft Excel 2008 for Mac Microsoft PowerPoint 2008 for Mac Microsoft Word 2008 for Mac

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INTEREST: Swiss: "No 'iPhone' for you...."
by billing 12 Apr '10

12 Apr '10

...from: http://www.macworld.com/article/150215/apple_trademark_appeal.html?loomia_o… Apple loses Swiss iPhone trademark appeal Posted on Apr 2, 2010 11:37 am by Aayush Arya, Macworld.com Apple first applied to the Swiss Trademark Office for the trademark in September 2006; it was turned down by the institute in September last year. The trademark office argued that the “i” in “iPhone” will be taken by consumers to mean that it stands for the Internet and that the name could be used to describe any phone with Internet capabilities.Apple’s appeal for reconsideration of its trademark application for the word “iPhone” has been rejected by the Swiss Federal Administrative Court, which maintained that the term is a non-distinctive word for which Apple could not be granted a trademark. Apple then appealed to the Swiss Federal Administrative Court, citing past instances where it had been granted trademarks for product names that began with “i” and insisted that the letter stood for several other things that the iPhone was capable of. The court denied Apple’s appeal on the grounds that the word “phone” is too generic a term and the addition of the letter “i” does not make it distinctive enough to be trademarked. All hope is not lost for Apple, however, as the company has now appealed to the Swiss Federal Supreme Court. Whatever decision the supreme court arrives at will be final and binding, meaning there’s still a chance for Apple to walk away with the trademark. Then, presumably, the battle begins anew for “iPad.”

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FYI: Microsoft Office 2011: this year for Macintosh?
by billing 08 Apr '10

08 Apr '10

...from: http://www.microsoft.com/presspass/press/2010/feb10/02-11msmacworld2010pr.m… News Press Release Introducing Office for Mac 2011: The Quintessential Teammate Next version to deliver on top community requests: better tools to work together and improved compatibility. SAN FRANCISCO — Feb. 11, 2010 — You, the Mac community, have a voice — and at the Microsoft Macintosh Business Unit (MacBU), we listen. Our charter for more than two decades has been to use your feedback to build the best productivity suite on the Mac. Recently you’ve asked for better ways to work with colleagues and friends anywhere, anytime, across platforms. So today at Macworld 2010, we are answering with details on how you can create and share your ideas using Office for Mac 2011, the next version of the leading productivity suite on the Mac. The suite has new connections to Microsoft services so you can work together more effectively, an updated user interface making tasks easier, and essential compatibility to ensure your documents look the way you made them when shared. “Together with your team — officemates, family or classmates — you are part of the community that helps shape each version of Office for Mac,” said Eric Wilfrid, MacBU general manager at Microsoft Corp. “You’ve told us that working together across platforms is a priority to you and that’s why we are making Office for Mac 2011 the best, most compatible productivity suite on the Mac.” New Co-Authoring Tools and Office Web Apps The new co-authoring tools in Office 2011 give you and your teammates the ability to work on a file from Word, PowerPoint or Excel1 from different locations, brainstorm ideas, and stay on the same page regardless of time, geography or platform. Co-authoring improves the processes of working together, removing the pain and frustration of multiple versions, lost edits, or even trying to set a time for the group to meet. With this new feature you can keep track of your team with the Presence Everywhere feature that gives real-time status updates on who is working on the document directly in the application. Office 2011 also delivers a connection to Microsoft Office Web Apps from the application, giving you a simple way to access and share Office documents from any machine with an Internet connection. Similar to the experience in Microsoft Office 2010 for PC users, the Office Web Apps make it easy to get your work done virtually anywhere. These days work doesn’t stop at your desktop. You need to stay productive with access to your information no matter where you are, without worrying about whether or not you e-mailed a crucial file to yourself. Currently in beta, Office Web Apps are available to both home and business users (across platforms) and allow documents to be stored via your Windows Live ID account or on Microsoft SharePoint Technologies. New User Interface Design: Office for Mac Ribbon Another big addition to the Office 2011 suite is a ribbon that’s at the core of our next-generation Office for Mac user experiences. We took your feedback and haven’t completely rearranged what you know and love: the new design is an evolution of the Office 2008 Elements Gallery and uses the classic Mac menu and Standard Toolbar giving you the best of both worlds. You can even collapse the ribbon and the Toolbar for more screen space or for the more advanced users who rely on keyboard shortcuts. Together these tools make it easy to find and discover new and frequently used commands. In fact, more than 80 percent2 of the most used features live in the default view of our new user experience so you don’t have to waste time finding the tool you need. Built using the latest Mac OS X technologies, the ribbon delivers a modern and fluid experience and also gives you a more consistent experience across platforms, which is key to productivity as 75 percent of Mac users also use a PC.3 New: Outlook for Mac Supports .PST Import Along with the updated user interface and quick access to the Office Web Apps, the MacBU announced last August that Outlook for Mac is coming to Office 2011, replacing Entourage. Outlook for Mac is a new application that leverages the Exchange Web Services protocol and is being built using Cocoa, allowing for improved integration with the Mac OS. Today we are also announcing that Outlook for Mac will import .PST files from Outlook for Windows — a top customer request. In addition, as announced last year, Outlook for Mac features a reliable, high-speed, file-based database with Spotlight search and back-up support from Time Machine. Outlook for Mac also provides Information Rights Management to help prevent sensitive information from being distributed to or read by people who do not have your permission to access the content. Outlook for Mac provides an integrated solution for managing your time and information and, when it is used in conjunction with Microsoft Exchange Server, you benefit from increased collaboration capabilities and security enhancements. Office for Mac 2011 will be available later this year. For updates on all things Office for Mac, follow the team on Twitter (@OfficeforMac) and on Facebook (http://www.facebook.com/pages/Office-For-Mac/272026096667). About Microsoft Macintosh Business Unit For more than 25 years, Microsoft has developed award-winning software for the Mac. The Macintosh Business Unit (MacBU) at Microsoft is a leading developer of software and online products for the Macintosh platform including the Office for Mac suite. The group is composed of Mac product experts dedicated to creating innovative software for Mac customers worldwide. More information about the MacBU and Microsoft Macintosh products is available athttp://www.microsoft.com/mac.

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INTEREST: court rules SCO does not own UNIX copyrights
by billing 31 Mar '10

31 Mar '10

...from: http://www.sltrib.com/news/ci_14786202 Decision in SCO-Novell case ripples beyond Utah Technology » Verdict has implications for software industry, other disputes. By Tom Harvey The Salt Lake Tribune Updated: 03/30/2010 07:09:32 PM MDT Related The SCO Group Mar 26: Jury rests for weekend in SCO Group-Novell trial Mar 25: SCO, Novell suit goes to jury Mar 16: Ex-SCO CEO testifies Novell claim inflicted harm Mar 15: Ex-SCO CEO: Novell elusive about IBM link Mar 10: Ex-Novell officers back SCO over copyrights Mar 9: Attorney: IBM-Novell worked together to hurt SCO Mar 8: Jury seated in SCO lawsuit against Novell Mar 4: Six years later, SCO-Novell lawsuit finally going to trial Dec 2: SCO-Novell case set for trial Nov 27: SCO Group's lawsuits are back on track Oct 28: Appeals court refuses to stay decision in SCO Group case Oct 23: Trustee says SCO Group should pursue IBM, Novell lawsuits Oct 21: Decision could clear way for SCO-Novell trial Oct 19: McBride ousted as SCO Group CEO Aug 24: Court overturns key computer software decision Aug 5: SCO Group can't liquidate assets; Trustee appointed Jun 15: SCO Group strikes deal just before bankruptcy hearing A jury's verdict Tuesday that Utah-based The SCO Group does not own the copyrights to the Unix software code is sure to reverberate beyond the downtown Salt Lake City courtroom where the decision was delivered. After six years of legal wrangling, a federal jury stunned SCO in finding for Novell Inc. after a three-week trial that pitted the two companies over the question of which owned the copyrights to Unix, a computer operating system widely used by businesses. The unanimous decision: » Removed a question about Novell's multimillion-dollar liabilities in the case at a time when it faces an unsolicited takeover bid from a hedge fund. The company employs 1,000 people in Provo, making it one of Utah's larger high-tech operations. » Again raises red flags about the survival of SCO, which is already in bankruptcy proceedings. » Presents a serious question about the future of an SCO lawsuit against IBM in which SCO claims the computing giant improperly used its Unix code as the basis for changes that made the Linux operating system into a strong competitor and drove down sales of Unix. » Is a clear victory for the open source community that was offended by SCO's assault on Linux, an open source system whose codes are available for free to the public and around which companies such as Novell build products for sale to other businesses. The verdict was a setback for SCO, which had presented an array of evidence and witnesses regarding the intent of a disputed 1995 sales agreement in which Novell sold Unix to the Santa Cruz Operations, which sold it a few years later to the Lindon-based company. At issue was a poorly worded portion of the contract that could be read to say that Novell retained the Unix copyrights in the sale. SCO presented top-level negotiators and executives from Santa Cruz and Novell -- including former Novell CEO and Chairman Robert Frankenberg -- who all said the deal's intent was to transfer every bit of the Unix system, including the copyrights. Former U.S. District Judge Edward Cahn, the trustee who is running SCO as part of its bankruptcy filed in Delaware, said he thought SCO had a strong case, adding its team was "deeply disappointed" by the outcome. "Juries are unpredictable and that's why cases get settled," said Cahn, who attended several days of the trial. "I was quite confident we were going to prevail." The case might have turned on the question of an amendment intended to clear up the confusing language of the original 1995 sales agreement. SCO argued it showed the parties' intention to transfer the copyrights in the sale. But Novell's attorneys presented a witness who had drawn up the amendment and said it was not intended to transfer copyrights, though she appeared to contradict that line under cross examination. "We're very pleased for Novell, and I think this also is a big day for the open source community," said Sterling Brennan, a Salt Lake City attorney who represented Novell, along with the San Francisco firm of Morrison & Foerster. Cahn praised Novell's legal team: "Morrison and Foerster are the best lawyers west of the Mississippi and they proved that today." The case had its roots in 2003 when SCO sued IBM for allegedly using Unix code to make improvements to Linux. Novell then said it, not SCO, owned the copyrights to Unix. Novell retracted that statement after SCO showed it an amendment to the sales agreement but then restated its ownership claims a few months later and said SCO had no right to pursue IBM. SCO attorney Stuart Singer of Boies, Schiller & Flexner in Fort Lauderdale, Fla., said during the trial IBM collaborated with Novell to try to derail SCO's claims on Linux, around which both Novell and IBM were building businesses. IBM invested $50 million with SCO to buy a Linux business, Singer said. SCO had claimed that Novell's actions cost it up to $215 million, but the jury's decision means the question of damages is moot. That's good news for any company that might make a bid for Novell. Novell's board recently rejected a $2 billion takeover bid from Elliott Associates as too low but signaled it remains open to a sale at the right price. As for SCO, Cahn said the company would discuss what the ruling means for its Unix business. He pointed out that presiding U.S. District Judge Ted Stewart still has parts of a verdict to render that will affect the case's final outcome. For example, Stewart is being asked to rule whether Novell still needs to transfer the copyrights to SCO as part of the sales contract and whether Novell had the right to waive SCO's claims against IBM. "We still have claims against IBM irrespective of this verdict," Cahn said. A representative said Novell is not in the Unix business, despite the verdict. "We are very much in the Linux business," Ian Bruce said from company headquarters in Waltham, Mass. The jury's decision is good for Novell but also very good for Linux and the open source community." Jason Hall, a founder and board member of the Utah Open Source Foundation, praised the decision and Novell's role in defending Linux. "It proves that companies that try to create these lawsuits to try to hunt money from other sources aren't just fighting loose groups of people," said Hall of Eagle Mountain. "There's actually large enterprises now that have a strong stance in the matter and are willing to stand up for the rights of the enterprises themselves but also for the community as a whole."

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