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SCO's Reply Memo in Support of its Motion for Judgment on Novell's 4th Claim - Updated - As Text

By Pamela Jones et al.

SCO is simply determined to entertain us with its creative filings. Its Trial Brief filed yesterday was enjoyably illogical, indeed. And before we can even finish reading it, here's yet another masterpiece, SCO's Memorandum in Support of SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief [PDF], in which SCO soldiers on with its claim that Novell has to tell us all this exact minute whether it ratifies SCOsource or not in order to get any money from those agreements.

This is an issue that eventually needs to be addressed by Novell and Sun and Microsoft et al, but I don't see how it's SCO's business. The issue that immediately faces them is whether SCO had the authority to enter into the agreements in the first place. If not, then for sure *SCO* doesn't get to keep the money. SCO acknowledges that possibility, but argues that in that case, the money should go not to Novell but back to Sun and Microsoft. Except it doesn't exactly ask for that relief, so in real life, it would end up staying in SCO's hands. SCO argues that if SCO had no authority to enter into SCOsource licenses, then the agreements are void. But no court has yet decided that question, and in the meantime, SCO took in millions. So now what?

Full post as published by Groklaw on April 25, 2008 (boomark / email).