Now, Novell has filed a motion that undercuts all of SCOs contract claims against IBM, based on a "silver bullet" clause in the original sale of Unix to SCO.
In its latest legal move against SCO, Novell on Dec. 1 filed for partial summary judgment against SCO in its own case. In this motion, Novell is asking the U.S. District Court to rule that the Unix APA (Asset Purchase Agreement), which sold Unix from Novell to SCO, gave Novell the right to waive SCOs contract claims.
Novell had long claimed that it never sold Unixs IP (intellectual property) rights to SCO. This new motion, however, isnt connection with those claims.
In the APA, Novell has what Mark Radcliffe, co-chair of the Technology and Sourcing Practice Group at the law firm DLA Piper, called, when Novell first made these claims, a "silver bullet" provision under the APA to block SCOs actions under these licenses.
"This provision permits Novell to amend, supplement, modify or waive provisions of the Unix licenses sold to SCO," Radcliffe said.
"Novell also retained the unusual right to require SCO to follow its directions to amend, supplement, modify or waive these licenses and, if SCO does not comply, Novell can do so on SCOs behalf."