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IBM Files Motion for Partial Summary Judgment Based on Novell Agreement in SCO v. IBM ~ pj Updated

By Pamela Jones et al.

IBM has now filed its promised Motion and Memorandum for Partial Summary Judgment Based on the Novell Judgment [PDF] in SCO v. IBM.

I started to write IBM v. SCO, because that is what it really is now. For those who keep track, IBM had received an extension of time to file, until the 22nd, giving it an extra few days.

IBM points out that SCO doesn't own the copyrights it sued over, the pre-1996 UNIX code, Novell does, so SCO is in no position to complain about copyright anything. SCO has already claimed that it's talking about claims that now, after it lost the pre-1996 copyright claims, really have to do with post-1996 copyrights or contract issues. But you don't get to rewrite your complaint any time you think it would be handy, and SCO's complaint was all about pre-1996 code. Until now, the SCO attempt at a workaround.

We also find out what IBM meant when it said that it believed the Novell Judgment affected more claims than SCO believed it did. IBM says that the Novell victory also affects some of IBM's counterclaims, not just the two and a half SCO claims that remain in the case:

Contrary to SCO's suggestion, the Novell Judgment is not immaterial to IBM's counterclaims. It compels a judgment in IBM's favor on two of the counterclaims, and it resolves elements of other counterclaims against SCO.

Full post as published by Groklaw on July 23, 2013 (boomark / email).