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SCO Versus Novell Going All the Way
Robert writes "Computer Business Review reports that ownership of the Unix System V code copyrights is set to be decided in court after a US District Judge rejected Novell Inc's second request that SCO
Group Inc's slander of title case be dismissed." From the article: "Novell's second motion to dismiss SCO's slander of title claim was prompted by an apparently positive response from Judge Dale Kimball to its first request to throw out the case, although he rejected it having concluded that the arguments about the agreements at the heart of the case would be more properly heard on potential later motions for summary judgment or trial."
No matter which side comes out on top, the lawyers still get paid. (Unless the accept payment only with a favorable verdict, but they might be company lawyers.)
Novell can still file for summary judgement. They asked to amend their motion for dismissal to a motion for summary judgement.
The motion for dismissal and the amendment were denied. However, Novell can still file for summary judgement.
There are (at least) two separate issues: (a) were the copyrights transferred to SCO; and (b) did Novell claim not with malice.
The most recent dismissal motion speaks only to (b).
It seems to me that (a) is a matter of law rather than fact, and might well be decided by summary judgement.
Those guys are way passed embarassing.
My other car is a Popemobile
Read this closely: Novell is the defendant. Novell doesn't have a choice but to continue to move forward, SCO sued them.
Once Novell has clear title, though, speculation is that they can then claim their legal expenses as special damages and sue SCO for the exact same thing that SCO is attempting to sue Novell for.