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Intellectual Property Law

: Groklaw

Novell's Opposition to SCO's Motion for Judgment on Pleadings (Scott, Nathan, and Marty) - as text

By Pamela Jones et al.

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Here's Novell's Opposition to SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief [PDF] as text. If you recall, it's the one with the car analogy, in which SCO is represented as selling a friend's car without permission, then insisting he should get to keep the money -- the story of Scott, Nathan, and Marty, in which Scott has been a very bad and greedy little boy.

But the significance of this document, to me, is that Novell seems to be stating as clearly as it wishes to at this time that it has not yet decided what it will choose to do if the court rules that SCO lacked the authority to enter into SCOsource licenses, like the ones with Microsoft and Sun. Do Microsoft and Sun get their money back? Or does Novell get the money? If the court rules Novell's way, Novell will face a happy choice.

But I don't think that is the main event. I think Novell principally wants to get a ruling that SCO did not have any such right, so as to close off any future SCO (or a later successor in interest) moves to ramp up the SCOsource licensing program again.

Full post as published by Groklaw on April 12, 2008 (boomark / email).

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