Final Nail in SCO’s Coffin
That’s what it looks like from here. SCO’s evil lawsuit to try and destroy Linux has been beaten on over and over recently. Now, it looks like Novell may have the last word.
“Last week saw the end of most of The SCO Group’s claims that IBM contributed Unix code to Linux. ‘Now, Novell has filed a motion that undercuts all of SCO’s contract claims against IBM, based on a ‘silver bullet’ clause in the original sale of Unix to SCO. In its latest legal move against SCO, Novell on Dec. 1 filed for partial summary judgment against SCO in its own case. In this motion, Novell is asking the U.S. District Court to rule that the Unix APA (Asset Purchase Agreement), which sold Unix from Novell to SCO, gave Novell the right to waive SCO’s contract claims. Novell had long claimed that it never sold Unix’s IP (intellectual property) rights to SCO. This new motion, however, isn’t connection with those claims. In the APA, Novell has what Mark Radcliffe, co-chair of the Technology and Sourcing Practice Group at the law firm DLA Piper, called, when Novell first made these claims, a ‘silver bullet’ provision under the APA to block SCO’s actions under these licenses. ‘This provision permits Novell to amend, supplement, modify or waive provisions of the Unix licenses sold to SCO,’ Radcliffe said. ‘Novell also retained the unusual right to require SCO to follow its directions to amend, supplement, modify or waive these licenses and, if SCO does not comply, Novell can do so on SCO’s behalf.'”
Ba-da-bing – Ba-da-boom! SCO is history! I love it!