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    Novell Continues to Go for SCOs Throat

    By
    Steven J. Vaughan-Nichols
    -
    October 3, 2006
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      On Sept. 25, IBM took its crack at ending its case with SCO by summary judgment.

      Now, its Novells turn, and the company appears to be attempting to cut off SCOs lifeline to its cash reserves.

      On Sept. 29, Novell filed for “partial summary judgment as to its Sixth, Seventh, Eighth, and Ninth Claims for Relief for constructive trust, breach of fiduciary duty, conversion, and accounting, respectively” at the U.S. District Court in Salt Lake City.

      These claims are not, as one might think, concerning Novells claims that it, and not The SCO Group, still owns Unixs copyrights.

      /zimages/6/28571.gifClick here to read more about Novells court actions against SCO.

      Novell has claimed that neither the APA (asset purchase agreement) of Sept. 19, 1995, which transferred Unix and UnixWare to Santa Cruz Operations, nor Amendment 2 to the APA, gave SCO any copyrights to Unix.

      Instead, Novell is going after the money that SCO has made from Unix.

      In particular, according to Novells memo in support of its motion for summary judgment, the company wants its share of the “payments SCO received from SVRX [Unix System V Release any] license agreements that it executed in 2003 with Sun Microsystems, Inc. (“Sun”) and Microsoft Corporation (“Microsoft”).”

      It was these very same multimillion-dollar payments that SCO used to fuel its lawsuits against IBM, Red Hat and Novell.

      /zimages/6/28571.gifRead the full story on Linux-Watch: Novell Goes for SCOs Throat

      /zimages/6/28571.gifCheck out eWEEK.coms for the latest open-source news, reviews and analysis.

      Avatar
      Steven J. Vaughan-Nichols
      I'm editor-at-large for Ziff Davis Enterprise. That's a fancy title that means I write about whatever topic strikes my fancy or needs written about across the Ziff Davis Enterprise family of publications. You'll find most of my stories in Linux-Watch, DesktopLinux and eWEEK. Prior to becoming a technology journalist, I worked at NASA and the Department of Defense on numerous major technological projects.

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