Novell Motion to Dismiss Holds Key to SCO Anti-Linux Claims - SCO v Novell Lawsuit

Tuesday, February 17 2004 @ 06:54 PM CST

Contributed by: Anonymous

MozillaQuest Magazine ( reports: SCO could end up suffering a fatal blow to its anti-Linux war if the U. S. District Court for Utah grants Novell's Motion to Dismiss the SCO v Novell lawsuit. On the other hand, refusal of the Utah Court to dismiss the lawsuit could mean that SCO does indeed have a claim to the Unix copyrights. A decision to dismiss this lawsuit also could have ripple effects against SCO in its lawsuits with IBM and Red Hat.

The motion is based on Federal Rule of Civil Procedure12(b)(6), which allows a federal court to dismiss a lawsuit when the Plaintiff (instantly SCO) does not stand a snowball's chance in Hawaii of winning the lawsuit.

SCO claims that it owns the copyrights to some Unix code that SCO alleges has been placed in the GNU-Linux operating system. Novell's Motion to Dismiss the lawsuit argues that SCO does not own any Unix copyrights. The lawsuit focuses on interpretation and enforcement of the Novell to SCO Unix sale contracts - the 1995 Asset Purchase Agreement (APA)

This article also explores the notion of open-sourcing Unix. What a terrific contribution to the GNU-Linux and Free and Open Source (FOSS) community it would be if Novell were to open-source Unix -- while it still owns the copyrights to Unix!

Check for the full story and download links for the court filings and related documents!

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