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Novell Seeks to Get SCO Suit Thrown Out

Novell Seeks to Get SCO Suit Thrown Out

Novell is trying to get the SCO Group's slander suit against it dismissed claiming that SCO has no grounds.

Novell told the court that "Without conclusively establishing that it owns the Unix and UnixWare copyrights, SCO cannot show that Novell's statements to the contrary are false, and cannot prevail." It also called SCO's alleged injury "speculative."

SCO retorted that Novell's motion to dismiss is based on its illegitimate claims that the Unix copyrights are "not necessary for SCO's business" and therefore "did not transfer from Novell to SCO."

The company reiterated that it owns the copyrights to Unix. "The transfer of these copyrights is made plain, clear and unambiguous in the 1995 Asset Purchase Agreement between SCO and Novell," it said. "Amendment No. 2 to the Asset Purchase Agreement clarifies this position and SCO will continue to aggressively defend these Unix copyrights in our court case against Novell. In the next 20 days, we expect that SCO's lawyers will file a response motion to this filing by Novell."

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Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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