Novell Continues to Go for SCO's Throat

By Steven Vaughan-Nichols  |  Print this article Print


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Forget about who owns Unix or who did what with its code; Novell is asking about SCO's Unix sales to Microsoft and Sun. (Linux-Watch)

On Sept. 25, IBM took its crack at ending its case with SCO by summary judgment.

Now, it's Novell's turn, and the company appears to be attempting to cut off SCO's 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 Novell's claims that it, and not The SCO Group, still owns Unix's copyrights.

Click here to read more about Novell's 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 Novell's 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.

Read the full story on Linux-Watch: Novell Goes for SCO's Throat

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Steven J. Vaughan-Nichols is editor of eWEEK.com's Linux & Open Source Center and Ziff Davis Channel Zone. Prior to becoming a technology journalist, Vaughan-Nichols worked at NASA and the Department of Defense on numerous major technological projects. Since then, he's focused on covering the technology and business issues that make a real difference to the people in the industry.

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