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Intellectual Property Law

: Groklaw

SCO's Memorandum in Objection to Novell's Summary Judgment Motion, as text

By Pamela Jones et al.

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Here, thanks to Groklaw's Steve Martin, is SCO's Memorandum in Objection to Novell's Motion for Summary Judgment on its Fourth Claim for Relief [PDF] as text. There are so many tall tales to debunk, I won't be able to do it in just one article. I'll just address a few in brief, and I'll elaborate and finish up in a later article.

Novell has already replied to this, by the way, and you can see how they rebut it, but I will amplify. Novell's argument in a simple sentence is that "all Novell needs to show here is that SVRX was more than a 'minor accompaniment' to those licenses, which it plainly was." And, Novell points out, SCOsource had to be about SVRX, and pre-APA SVRX code, to boot, because that is all SCO has ever listed in SCO v. IBM as having been allegedly infringed. How "incidental", then, can it be?

But on top of that, SCO's many arguments are easy to debunk, one by one. So let's get started.

Full post as published by Groklaw on March 11, 2008 (boomark / email).

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