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Novell Replies to SCO's Opposition to Novell's Motion to Convert

By Pamela Jones et al.

Novell has filed a Reply [PDF] to SCO's Opposition to Novell's Motion for Conversion. Novell does not mince words. It suggests that the court check SCO's math, not to mention SCO's 22 pages of its "history" of UNIX and its litigation prospects.

Novell's theme is that SCO is fighting primarily to keep control of the litigation, and they are proposing to use money owed to Novell and other creditors to fund that gamble. The salient fact about the litigation is that Novell won. There's no reason not to convert to Chapter 7 and shut down "these wasteful operations (including their compensation to management)" Novell argues, because Novell believes it has demonstrated that "the rest of the so-called business will just continue to lose money."

And SCO has filed a motion [PDF] to settle the Amici debt at a greatly reduced rate, in exchange for SCO not contesting the debt. Amici has changed its name to XAC, by the way, according to Exhibit A [PDF]. It includes emails between the disputants, although it's the first we are hearing about any dispute, that I can recall, but the emails mention an agreement, which is not attached. I think I'd like to see that.

Full post as published by Groklaw on June 10, 2009 (boomark / email).