For its part, Novellwhich recently challenged SCOs claims to Unix patent and copyright ownership and demanded that SCO substantiate its allegations that Linux infringed SCOs intellectual property rightsreleased a statement Friday saying it received Amendment No.2 to the 1995 SCO-Novell Asset Purchase Agreement from SCO last night. "To Novells knowledge, this amendment is not present in Novells files. The amendment appears to support SCOs claim that ownership of certain copyrights for Unix did transfer to SCO in 1996. The amendment does not address ownership of patents, however, which clearly remain with Novell. Novell reiterates its request to SCO to address the fundamental issue Novell raised in its May 28 letter: SCOs still unsubstantiated claims against the Linux community," the company said.McBride said SCO has also begun to show parts of the violating code to unnamed parties under non disclosure agreements (NDA), and the initial reviewers "appear to be coming to the same conclusion that we have. Namely that SCOs Unix source code has made its way into Linux," McBride said. SCO has designated the month of June to show parts of the offending code to appropriate parties as it wants to understand and be responsive to customer concerns. To that end it reiterated its view that Linux users needed to obtain legal opinions from their own counsel to guide their actions.
With regard to the Unix patents, SCO senior vice president Chris Sontag said SCO had never claimed ownership of the Unix patents, but rather that it had rights to these patents dating back to AT&T for use within its business. These were the same rights that Novell had and "given the fact that none of the actions we have taken so far have any relation to patents, it really is not a concern of ours," he said.