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Novell Poised To Strike On Slander Of Title Claim

Xenographic writes "As seen in this Groklaw article, Novell is moving to dismiss SCO's slander of title claim with prejudice. They key to it is that SCO needs Novell's claims to be "knowingly false" to establish malice. Since the judge's own order on the motion to remand (see also part 2) questions whether there really was ever actually a copyright transfer, Novell's assertion that there was no transfer cannot be knowingly false, so SCO's case falls apart. Unfortunately, as Novell points out, the judge would be doing this without actually deciding the underlying issue of who owns what copyrights, and SCO could file a completely different suit for breach of contract or something, even though SCO would be unable to refile this slander of title suit. As an aside, I should mention that this isn't the first or only controversy over defamation we've seen in this fiasco by any means."

3 of 221 comments (clear)

  1. Wow by HungSquirrel · · Score: -1, Offtopic

    More legaleze than you can shake a Cat-5 cable at. Puts me in the mood for a nice debate on the merits of GPL vs. BSD licenses, or perhaps what the definition of "is" is.

    --
    $ whatis themeaningoflife
    themeaningoflife: not found
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  3. Alright now, Timmy!! by Craig3010 · · Score: -1, Offtopic

    You just confused the fuck out of me.