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."

Comments

Re:Free Software and the Idiots who Buy It

[PetiePooo]

1. "I watched the tapes of the Nuremburg experiments that showcased how people put in positions of authority could be ordered to torture and kill other people and that the majority of those tested in the study failed the "humanity" test."

1. What's the name of that law about when the argument gets to comparing the opponent with Nazi's?

Godwin's Law

1. What is Godwin's Law?

Godwin's Law is a natural law of Usenet named after Mike Godwin (godwin@eff.org) concerning Usenet "discussions". It reads, according to the Jargon File:

1. As a Usenet discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one.

LOL! Good catch.