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Xinuos is an American
software company A software company is a company whose primary products are various forms of software, software technology, distribution, and software product development. They make up the software industry. Types There are a number of different types of softw ...
that was created in 2011 and was first called UnXis until assuming its current name in 2013. (Both names have been variations on the spelling of the
Unix Unix (; trademarked as UNIX) is a family of multitasking, multiuser computer operating systems that derive from the original AT&T Unix, whose development started in 1969 at the Bell Labs research center by Ken Thompson, Dennis Ritchie, and ot ...
operating system.) Xinuos develops and markets the Unix-based
OpenServer 6 Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer were ...
,
OpenServer 5 Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer were ...
, and UnixWare 7 operating systems under SCO branding, as well as the newer
OpenServer 10 Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer we ...
operating system.


Background

The SCO Group The SCO Group (often referred to SCO and later called The TSG Group) was an American software company in existence from 2002 to 2012 that became known for owning Unix operating system assets that had belonged to the Santa Cruz Operation (the o ...
(SCO) was a Utah-based software company that had over time acquired the operating system products
SCO OpenServer Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer were ...
and UnixWare, which dated back to earlier companies
The Santa Cruz Operation The Santa Cruz Operation, Inc. (usually known as SCO, pronounced either as individual letters or as a word) was an American software company, based in Santa Cruz, California, that was best known for selling three Unix operating system variants ...
and
Unix System Laboratories Unix System Laboratories (USL), sometimes written UNIX System Laboratories to follow relevant trademark guidelines of the time, was an American software laboratory and product development company that existed from 1989 through 1993. At first wh ...
and to the early
history of Unix The history of Unix dates back to the mid-1960s, when the Massachusetts Institute of Technology, AT&T Bell Labs, and General Electric were jointly developing an experimental time-sharing operating system called Multics for the GE-645 mainframe. ...
before that. But by the late 1990s these products found themselves losing in the marketplace, first to
Microsoft Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washing ...
's
Windows NT Windows NT is a proprietary graphical operating system An operating system (OS) is system software that manages computer hardware, software resources, and provides common services for computer programs. Time-sharing operating systems sc ...
and
Windows Server Windows Server (formerly Windows NT Server) is a group of operating systems (OS) for servers that Microsoft has been developing since July 27, 1993. The first OS that was released for this platform was Windows NT 3.1 Advanced Server. With the r ...
line and then to open source
Linux Linux ( or ) is a family of open-source Unix-like operating systems based on the Linux kernel, an operating system kernel first released on September 17, 1991, by Linus Torvalds. Linux is typically packaged as a Linux distribution, which ...
. Beginning in 2003, the SCO Group began issuing proclamations and lawsuits, including '' SCO v. IBM'', based upon a belief that SCO Unix intellectual property had been incorporated into Linux in an unlawful and uncompensated manner, resulting in what became known as the
SCO–Linux disputes In a series of legal disputes between SCO Group and Linux vendors and users SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rig ...
. Reaction to SCO's actions from the
free and open source software community The free software movement is a social movement with the goal of obtaining and guaranteeing certain freedoms for software users, namely the freedoms to run the software, to study the software, to modify the software, and to share copies of the s ...
was intense and SCO soon became, as ''
Businessweek ''Bloomberg Businessweek'', previously known as ''BusinessWeek'', is an American weekly business magazine published fifty times a year. Since 2009, the magazine is owned by New York City-based Bloomberg L.P. The magazine debuted in New York City ...
'' headlined, "The Most Hated Company In Tech". In 2007 SCO suffered a major adverse ruling in the ''
SCO v. Novell ''SCO v. Novell'' was a United States lawsuit in which the software company The SCO Group (SCO), claimed ownership of the source code for the Unix operating system. SCO sought to have the court declare that SCO owned the rights to the Unix code, ...
'' case that rejected SCO's claim of ownership of Unix-related copyrights and undermined much of the rest of its legal position. An appeal was filed, but meanwhile in September 2007, the SCO Group filed a voluntary petition for reorganization under Chapter 11 of the United States Bankruptcy Code.


Origins

The interest of Stephen Norris Capital Partners in the SCO Group started in February 2008, when it put forward a $100 million reorganization and debt financing plan for the company, which it would then take private. Stephen L. Norris had been a co-founder of the large and well-known private equity firm
The Carlyle Group The Carlyle Group is a multinational private equity, alternative asset management and financial services corporation based in the United States with $376 billion of assets under management. It specializes in private equity, real assets, and pri ...
. There was also an unnamed Middle East partner in the proposed deal; the
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
reported that Prince
Al-Waleed bin Talal Al Waleed bin Talal Al Saud ( ar, الوليد بن طلال آل سعود; born 7 March 1955) is a Saudi Arabian billionaire businessman, investor, philanthropist and royal. He was listed on ''Time'' magazine's Time 100, an annual list of the hu ...
of Saudi Arabia was involved. But after a couple of months of
due diligence Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. It can be a l ...
investigation of SCO's operations, finances, and legal situation, Stephen Norris Capital Partners considered a different course of action, instead proposing to purchase SCO assets outright. Norris appeared on stage at the SCO Tec Forum 2008 company developer and partner conference in Las Vegas in October 2008, where possible acquisition and investments plans were shown to attendees. Neither of those plans went forward, and instead in June 2009 a new proposal emerged from a combination of Gulf Capital Partners, of which Stephen Norris was an investor, and
MerchantBridge MerchantBridge & Co. Ltd. was a London-based boutique private equity firm that specialized in investments in the Middle East and especially Iraq, where it was one of the largest such firms. It was in existence from 2001 to 2018. Origins The fir ...
, a London-based, Middle East-focused private equity group, to create an entity called UnXis, which would then buy SCO's software business assets for $2.4 million. At that point the SCO Group had fewer than 70 employees left. That plan, too, did not move forward. In April 2010, SCO's mobility software assets were sold to its former CEO,
Darl McBride Darl Charles McBride (born 1959) is an entrepreneur and CEO of Shout TV Inc. McBride is known as the former CEO of The SCO Group. On March 7, 2003, during McBride's tenure as CEO of the company, The SCO Group initiated litigation ('' SCO v. IBM' ...
, for $100,000. In September 2010 the SCO Group put up the remainder of its non-lawsuit assets for public auction. Thus in February 2011, another proposal was made, this time for $600,000, with this iteration of UnXis being backed by Norris, MerchantBridge, and Gerson Global Advisors. Some industry analysts were unsure of why Norris and his partners were wanting to acquire the SCO Unix software assets in the first place. In 2008 Ryan Paul of ''
Ars Technica ''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sci ...
'' noted that "UnixWare, SCO's flagship product, hasn't seen a new release in four years." Veteran technology journalist Maureen O'Gara, who earlier during the SCO–Linux disputes had been accused of engaging in pro-SCO actions, in 2011 called UnXis an "odd venture" which had "been offering to buy SCO since mid-2009 for reasons that aren't patently obvious to anybody." But in any case, the bankruptcy court approved this proposal, as the only other bid submitted was for $18.


UnXis

The sale was closed on 11 April 2011, with Stephen Norris Capital Partners and MerchantBridge being the final buyers, and UnXis was formed in substance. (O'Gara reported that MerchantBridge had 25 percent ownership of UnXis and Gulf Capital Partners had another 25 percent.) In particular, the company took over the product names, ownership, and maintenance of The SCO Group's flagship operating system products,
OpenServer Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer wer ...
and UnixWare. It also took over some service contracts for existing SCO Group customers; these customers represented some 82 countries and business segments such as finance, retail, fast food, and governmental entities. It would be up to UnXis to hire SCO Group employees, of whom only handfuls were still left at various locations. The SCO Group's litigation rights against IBM and
Novell Novell, Inc. was an American software and services company headquartered in Provo, Utah, that existed from 1980 until 2014. Its most significant product was the multi-platform network operating system known as Novell NetWare. Under the lead ...
did not transfer to UnXis, and The SCO Group subsequently renamed itself to
The TSG Group The SCO Group (often referred to SCO and later called The TSG Group) was an American software company in existence from 2002 to 2012 that became known for owning Unix operating system assets that had belonged to the Santa Cruz Operation (the o ...
. UnXis indicated that it had no involvement or interest in any ongoing aspects of those actions: "There is no place for litigation in our vision or plan." Indeed, UnXis would be indemnified from any legal costs of ongoing litigation. Initially, UnXis was headquartered in
Las Vegas, Nevada Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
. Its CEO was Richard Bolandz, who was a former CIO of
Qwest Communications Qwest Communications International, Inc. was a United States telecommunications carrier. Qwest provided local service in 14 western and midwestern U.S. states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dako ...
. Norris was chair of the board of UnXis and Eric Le Blan, a senior partner with MerchantBridge, was vice-chair. Several existing SCO Group executives took on C-Suite level positions. Bolandz professed optimism on the part of himself and the UnXis backers about the SCO products, especially if they could be updated for newer requirements including
cloud computing Cloud computing is the on-demand availability of computer system resources, especially data storage ( cloud storage) and computing power, without direct active management by the user. Large clouds often have functions distributed over mul ...
. He said those improvements would be in areas such as
64-bit computing In computer architecture, 64-bit integers, memory addresses, or other data units are those that are 64 bits wide. Also, 64-bit CPUs and ALUs are those that are based on processor registers, address buses, or data buses of that size. A compute ...
,
biometric authentication Biometrics are body measurements and calculations related to human characteristics. Biometric authentication (or realistic authentication) is used in computer science as a form of identification and access control. It is also used to identify in ...
,
IPv6 Internet Protocol version 6 (IPv6) is the most recent version of the Internet Protocol (IP), the communication protocol, communications protocol that provides an identification and location system for computers on networks and routes traffic ...
support, and
virtualization In computing, virtualization or virtualisation (sometimes abbreviated v12n, a numeronym) is the act of creating a virtual (rather than actual) version of something at the same abstraction level, including virtual computer hardware platforms, stor ...
capabilities. Virtualization support was especially critical for the existing SCO operating system products, not just because of the market trends of
server consolidation Hardware virtualization is the virtualization of computers as complete hardware platforms, certain logical abstractions of their componentry, or only the functionality required to run various operating systems. Virtualization hides the physica ...
and other benefits, but because it would allow the older products to run on hardware that they were otherwise uncertified or unsupported for. Bolandz said quarterly updates of the SCO products would be forthcoming, and that SCO "is really a tremendous company with a great history and a great product that unfortunately made some very poor strategic choices." The UnXis owners said at various times in statements reported by ''
The Salt Lake Tribune ''The Salt Lake Tribune'' is a newspaper published in the city of Salt Lake City, Utah. The ''Tribune'' is owned by The Salt Lake Tribune, Inc., a non-profit corporation. The newspaper's motto is "Utah's Independent Voice Since 1871." History ...
'' that they would invest $5–12 million in the company towards this modernization effort and towards rehiring some of the SCO employees who had been let go during the bankruptcy years. Some industry analysts thought there was some reason to share Bolandz's view. Steven J. Vaughan-Nichols of
ZDNet ZDNET is a business technology news website owned and operated by Red Ventures. The brand was founded on April 1, 1991, as a general interest technology portal from Ziff Davis and evolved into an enterprise IT-focused online publication. Hist ...
wrote that "I actually think UnXis has a shot at this. While I've disliked SCO's policies for the last eight years, I never disliked their products. OpenServer and UnixWare, while they're not open operating systems, are remarkably stable. ...
hey occupy Hey or Hey! may refer to: Music * Hey (band), a Polish rock band Albums * ''Hey'' (Andreas Bourani album) or the title song (see below), 2014 * ''Hey!'' (Julio Iglesias album) or the title song, 1980 * ''Hey!'' (Jullie album) or the title s ...
a real, albeit small, server operating system niche." By early 2013, UnXis headquarters had changed to
San Mateo, California San Mateo ( ; ) is a city in San Mateo County, California, on the San Francisco Peninsula. About 20 miles (32 km) south of San Francisco, the city borders Burlingame to the north, Hillsborough to the west, San Francisco Bay and Foster C ...
, and its President was Sean Snyder.


Xinuos

In June 2013, the company changed its name to Xinuos. The SCO Group lawsuit against IBM was again alive in the courts, but Xinuos reiterated that it was not involved: "Since the sale of assets was completed n 2011 we have had no further dealings with The SCO Group and have no knowledge regarding any legal action nor do we have any interest whatsoever in such proceedings." Instead, Snyder emphasized that, "The negativity directed as SCO was directed at management not at the products themselves. It's an overstatement to say the products were beloved, but not by much." Besides San Mateo, the company had additional facilities in
Berkeley, California Berkeley ( ) is a city on the eastern shore of San Francisco Bay in northern Alameda County, California, United States. It is named after the 18th-century Irish bishop and philosopher George Berkeley. It borders the cities of Oakland and Emer ...
,
Florham Park, New Jersey Florham Park is a borough in Morris County, New Jersey, United States. As of the 2010 United States census, the borough's population was 11,696,Bad Homburg, Germany, and
Tokyo, Japan Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and List of cities in Japan, largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, ...
. The initially-talked-about investments in the existing SCO products did not materialize, as by 2013 the company decided that they had been neglected too long and the cost of upgrading was too high. Instead, Snyder said, "it made more sense to adopt a modern and existing OS and transition to that." Accordingly, in June 2015, Xinuos announced OpenServer X, which is based on the
FreeBSD FreeBSD is a free and open-source Unix-like operating system descended from the Berkeley Software Distribution (BSD), which was based on Research Unix. The first version of FreeBSD was released in 1993. In 2005, FreeBSD was the most popular ...
operating system. It then had its general availability release as OpenServer 10 in January 2016. The FreeBSD base gave a 64-bit operating system with modern capabilities, and Xinuos adopted the open source model of the license being free and the company trying to make money from superior offerings in technical support, product maintenance, and professional services. Simultaneously, Xinuos introduced a migration path for existing customers using older OS products. In December 2015, Xinuos released "definitive" versions of OpenServer 5, OpenServer 6, and UnixWare 7.; ; These definitive operating system instances could run as an entity within Open Server 10, such that even if existing 32-bit SCO applications were not in a position to be recompiled from source code for OpenServer 10, they could still run under, and get some of the advantages of, the more modern environment. For the OpenServer 10 launch Xinuos also sought to revive at least some of the famed SCO-based partner and reseller channel, which had once had over members but by early 2016 was down to 75. One long-time SCO-focused reseller association that did remain with Xinuos was iXorg. By early 2016, the Berkeley location had become the headquarters for Xinuos, and only the Tokyo office of the others was still open. In December 2017, Xinuos released "Definitive 2018" versions of OpenServer 6 and UnixWare 7. This was followed in October 2018 by the release of a "Definitive 2018" version of OpenServer 5. Some longtime SCO add-on products, such as Microlite's BackupEDGE backup/restore offering, kept their product up-to-date with the "Definitive" versions. So too did the iXorg reseller association, which continued throughout the 2010s to discuss and test the latest Xinuos OS products during its regular meetings. In May 2019, Xinuos moved its operations to the
United States Virgin Islands The United States Virgin Islands,. Also called the ''American Virgin Islands'' and the ''U.S. Virgin Islands''. officially the Virgin Islands of the United States, are a group of Caribbean islands and an unincorporated and organized territory ...
, locating itself as a tenant in the
University of the Virgin Islands Research and Technology Park The University of the Virgin Islands Research and Technology Park (RTPark) is the first independent research and e-technology park located in the U.S. Virgin Islands (USVI). Launched in 2002, RTPark is the first government-sponsored public-privat ...
in
Saint Croix Saint Croix; nl, Sint-Kruis; french: link=no, Sainte-Croix; Danish and no, Sankt Croix, Taino: ''Ay Ay'' ( ) is an island in the Caribbean Sea, and a county and constituent district of the United States Virgin Islands (USVI), an unincorpo ...
. In March 2021 Xinuos announced that it has sued IBM and its subsidiary
Red Hat Red Hat, Inc. is an American software company that provides open source software products to enterprises. Founded in 1993, Red Hat has its corporate headquarters in Raleigh, North Carolina, with other offices worldwide. Red Hat has become ass ...
. The lawsuit, filed in the District Court of the Virgin Islands, claims that IBM "stole" its intellectual property and that IBM and Red Hat together "conspired to illegally corner a market and crush competition." The action's intellectual property claims are partly rooted in the 1998, multi-company
Project Monterey Project Monterey was an attempt to build a single Unix operating system that ran across a variety of 32-bit and 64-bit platforms, as well as supporting multi-processing. Announced in October 1998, several Unix vendors were involved; IBM provide ...
effort. This has led some industry observers to characterize the Xinuos suit as a reiteration of the '' SCO v. IBM'' case. The antitrust claims are based on more recent IBM and Red Hat activities that, as per Xinuos, include alleged agreements to divide the market and exclude Xinuos's OpenServer 10, and FreeBSD in general, from that market. Updated April 1, 2021. In response to the action, IBM said the "allegations merely rehash the stale claims of its predecessor ... and have no merit."
Law360 Law360 is a subscription-based, legal news service based in New York City. It is operated by Portfolio Media, Inc., a subsidiary of LexisNexisSabroski, Suzxanne (May 1, 2012) LexisNexis goes 360, ''Onliline'' and delivers breaking news and analys ...
and
Bloomberg Law Bloomberg Law is a subscription-based service that uses data analytics and artificial intelligence for online legal research. The service, which Bloomberg L.P. introduced in 2009, provides legal content, proprietary company information and news ...
reported that broader claims of anti-competitive conduct are at issue in the lawsuit.


Products

The main products of Xinuos are the following: * OpenServer 10 is an
x86-64 x86-64 (also known as x64, x86_64, AMD64, and Intel 64) is a 64-bit version of the x86 instruction set, first released in 1999. It introduced two new modes of operation, 64-bit mode and compatibility mode, along with a new 4-level paging mod ...
operating system based on
FreeBSD FreeBSD is a free and open-source Unix-like operating system descended from the Berkeley Software Distribution (BSD), which was based on Research Unix. The first version of FreeBSD was released in 1993. In 2005, FreeBSD was the most popular ...
10, which was announced in June 2015, and released in January 2016. * OpenServer 6 Definitive 2018 is an
IA-32 IA-32 (short for "Intel Architecture, 32-bit", commonly called i386) is the 32-bit version of the x86 instruction set architecture, designed by Intel and first implemented in the 80386 microprocessor in 1985. IA-32 is the first incarnation of ...
Unix operating system based on the SVR5 kernel in an environment to maintain compatibility with OpenServer 5. * OpenServer 5 Definitive 2018 is an
IA-32 IA-32 (short for "Intel Architecture, 32-bit", commonly called i386) is the 32-bit version of the x86 instruction set architecture, designed by Intel and first implemented in the 80386 microprocessor in 1985. IA-32 is the first incarnation of ...
Unix operating system which was originally developed by the Santa Cruz Operation. OpenServer 5 was a descendant of
SCO UNIX Xinuos OpenServer, previously SCO UNIX and SCO Open Desktop (SCO ODT), is a closed source computer operating system developed by Santa Cruz Operation (SCO), later acquired by SCO Group, and now owned by Xinuos. Early versions of OpenServer were ...
, which is in turn a descendant of
Xenix Xenix is a discontinued version of the Unix operating system for various microcomputer platforms, licensed by Microsoft from AT&T Corporation in the late 1970s. The Santa Cruz Operation (SCO) later acquired exclusive rights to the software, and ...
(SVR3.2). * UnixWare 7 Definitive 2018 is an
IA-32 IA-32 (short for "Intel Architecture, 32-bit", commonly called i386) is the 32-bit version of the x86 instruction set architecture, designed by Intel and first implemented in the 80386 microprocessor in 1985. IA-32 is the first incarnation of ...
Unix operating system descending from AT&T
UNIX System V Unix System V (pronounced: "System Five") is one of the first commercial versions of the Unix operating system. It was originally developed by AT&T and first released in 1983. Four major versions of System V were released, numbered 1, 2, 3, an ...
. UnixWare 2.x and below were direct descendants of SVR4.2, and was originally developed by
Unix System Laboratories Unix System Laboratories (USL), sometimes written UNIX System Laboratories to follow relevant trademark guidelines of the time, was an American software laboratory and product development company that existed from 1989 through 1993. At first wh ...
(USL),
Univel Univel, Inc. was a joint venture of Novell and AT&T's Unix System Laboratories (USL) that was formed in December 1991 to develop and market the Destiny desktop Unix operating system, which was released in 1992 as UnixWare 1.0. Univel existed ...
,
Novell Novell, Inc. was an American software and services company headquartered in Provo, Utah, that existed from 1980 until 2014. Its most significant product was the multi-platform network operating system known as Novell NetWare. Under the lead ...
, and later the Santa Cruz Operation. UnixWare 7 was sold as a Unix OS combining UnixWare 2 and OpenServer 5 and was based on SVR5. UnixWare 7.1.2 was branded OpenUNIX 8, but later releases returned to the UnixWare 7.1.x name and version numbering


References


External links

* {{Official website, http://www.xinuos.com/ 2011 establishments in the United States Companies established in 2011 Companies based in Las Vegas Software companies based in Nevada Companies based in San Mateo, California Companies based in Berkeley, California Software companies based in the San Francisco Bay Area Companies of the United States Virgin Islands Software companies of the United States