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SCO Amends Novell Complaint

rm69990 writes "According to Groklaw, SCO now seeks to amend their complaint against Novell. SCO says it 'seeks leave to file a Second Amended Complaint in significant part in consideration of the counterclaims that Novell asserted in its Answer and Counterclaims.' SCO now accuses Novell of infringing SCO's copyrights by distributing SUSE Linux, of breaching a non-compete clause between the two companies, and SCO is also asking for specific performance forcing Novell to turn over the Unix copyrights to SCO. So SCO is essentially admitting that Novell owns the copyrights at this point, but is saying that Novell breached the contract (that specifically excluded copyrights) by failing to transfer them to Santa Cruz."

28 of 286 comments (clear)

  1. SCO still exists? by thparker · · Score: 3, Funny

    Isn't this over by now? The last time I saw a SCO article here, it seemed that even the judge was sick of their nonsense. Is there anyone still taken in by this charade?

  2. Yea! by 'nother+poster · · Score: 2, Funny

    SCO's back in the news. I've missed my SCO fix lately. This manouver looks pretty much as dumb as the ones in the past. I give them 3 weeks before they backpedal on the new, new ammended claims.

  3. Re:How can they keep doing this? by Anonymous Coward · · Score: 5, Funny

    "Tell me this -> How are they making a profit today?"

    They have a secret ad-revenue sharing agreement with /.

  4. Sco ??? by Dam's · · Score: 2, Funny

    What's that ?

  5. Second Amendment Complaint? by Roj+Blake · · Score: 4, Funny

    Watch out, they have finally gone completely nuts and are going to start shooting!

    --
    Auron may be different, Cally, but on Earth it is considered ill-mannered to kill your friends while committing suicide.
  6. Second Amendment by two_socks · · Score: 4, Funny

    "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

    That's pretty off base, even for SCO.

    --
    I can't help it - I'm a 19D.
  7. Not my guns! by rharder · · Score: 4, Funny

    A Second Amendment complaint? Now they want to take my unix AND my guns!

  8. SCO Needs to do more of this... by Billosaur · · Score: 4, Funny

    From the complaint (via Groklaw): V. PRAYER FOR RELIEF

    Wherefore, Plaintiff SCO prays this Court enter judgment for SCO and against Novell:

    Although I doubt God will be listening, as he's upgrading his SUSE Linux...

    --
    GetOuttaMySpace - The Anti-Social Network
  9. In Corporate America... by thej1nx · · Score: 3, Funny

    In Corporate America, criminals/conmen sue you .... oh wait! bugger!

  10. Re:From The Article by Anonymous Coward · · Score: 2, Funny
    21. SuSE's implementation of ESR
    You mean there's more than one ESR out there?!
  11. Err, uh .. what? by thaerin · · Score: 4, Funny

    "So SCO is essentially admitting that Novell owns the copyrights at this point, but is saying that Novell breached the contract (that specifically excluded copyrights) by failing to transfer them to Santa Cruz."

    I can see there collectively being a large amount of heads exploding after trying to make sense of that one. I'm thinking SCO has nothing to do with Santa Cruz and more to do with SChizOphrenia because they've seem to have lost touch with reality.

    --
    If big boobed women work at Hooters do one legged women work at IHOP?
  12. Re:Wha?!? by archevis · · Score: 5, Funny
    What, you accusing SCO of not making any sense...?!?!?

    You watch your mouth, young man!

    ---
    "I think not!", Descartes said, and promptly dissappeared.

  13. ESR? by WWWWolf · · Score: 4, Funny
    21. SuSE's implementation of ESR

    I know Debian has "Virtual RMS", but I think SuSE is really going weird if they implement stuff like this. Weird syslog messages from SuSE boxes:

    Jan 4 06:47:45 localhost esr: gunning some processes
  14. Re:Luser Pays. Support your original claim. Re:Wha by Anonymous Coward · · Score: 4, Funny
    Cases like this show the wisdom of the "Looser pays" philosophy of British common law.

    If the Brits really had "looser pays" then the Spice Girls would have to pay for every case in Britain. I think you mean "loser pays."

  15. Re:Luser Pays. Support your original claim. Re:Wha by Anonymous Coward · · Score: 1, Funny

    When SCO loses, there won't be a company left to pay. Your system would make no difference to SCO.

  16. Pull the little yellow bus over, now! by oahazmatt · · Score: 1, Funny

    Wait... so SCO is suing about the copyrights, which they admit are owned by Novell, and weren't even part of the deal?

    We can do stuff like that?

    *ahem*

    Mister Trump, if you're reading: You are a successful business man. I am not. Therefore, you owe me one billion dollars. A money order will be fine.

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
    1. Re:Pull the little yellow bus over, now! by gd23ka · · Score: 2, Funny

      Now I don't think Trump has to give you a billion dollars... at least you will have to sue him for it. But then I wouldn't aim that low myself... up to now SCO has only showed us that they can make preposterous claims in court, but the day they get away with it (though it will not happen in this universe) is the day I will sue the United States for the territory known as the State of California. I want it back.

  17. Re:From The Article by Gzip+Christ · · Score: 2, Funny
    You mean there's more than one ESR out there?!
    Yes. The number of ESRs doubles every 18 months (the amount of time it takes him to reproduce via mitosis).
  18. Re:How can they keep doing this? by AKAImBatman · · Score: 2, Funny

    It's amazing that SCO would even consider throwing away money on such a lost cause in the first place.

    I suspect that SCO now realizes that it can't possibly win, and is merely trying to extend its lawsuit long enough for the public to forget they exist. If they can keep the case tied up in the courts for a few more years, they probably think that everyone will no longer care. I don't think they realize how long Slashdot holds a grudge.

    Now if you'll excuse me, I'm off to hack my CueCat. ;-)

  19. Novell Did Steal from SCO by ehaggis · · Score: 2, Funny

    SuSE begins with "S" just like SCO. Obviously Novell should be sued for taking it from SCO.

    --
    One ring to bind them - should probably have more fiber and less rings in their diet.
  20. ELF again. Sheesh. by digitaldc · · Score: 3, Funny

    ELF again. Sheesh. How many times do we have to explain that to them?

    They must not be into Dungeons & Dragons I guess.
    Listen up..Elves come in a large variety of races, and each has its own nuances. They are here described in alphabetical order: Dargonesti, Dimernesti, Drow, Gray Elves, High Elves, Kagonesti, Qualinesti, Silvanesti, Valley Elves, Wild Elves, and Wood Elves.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  21. Re:How can they keep doing this? by Craig+Maloney · · Score: 3, Funny

    Well, remember those zombie films where a hapless victim unloads a clip of ammunition into a walking corpse, and the corpse stumbles a bit and falls down, only to rise back up and continue pursuing said hapless victim?

    Reload.

  22. Where are the Monty Python when you need them ? by Fred_A · · Score: 4, Funny
    Is there anyone still taken in by this charade?


    Man in suit of armor walks in and hits SCO over the head with a dead chicken.

    Dear Sir,

    I would like to protest in the strongest possibe terms about your SCO sketch. I have been a village idiot all my life and your Darl Mc Bride character is giving village idiots everywhere a bad name.

    Sincerely,

    --

    May contain traces of nut.
    Made from the freshest electrons.
    1. Re:Where are the Monty Python when you need them ? by Kierthos · · Score: 2, Funny

      If we're doing Monty Python references:

      SCO as the Black Knight, Linux users as Arthur.

      BLACK KNIGHT: I shall sue.
      ARTHUR: What?
      BLACK KNIGHT: I shall sue.
      ARTHUR: I have no quarrel with you, good Sir Knight, but I will not pay a license fee for free software.
      BLACK KNIGHT: I move for no man.
      ARTHUR: So be it!

      [clang clang clang]
      [ARTHUR files a countersuit for four patents the BLACK KNIGHT is infringing upon]

      ARTHUR: Now stand aside, you litigous adversary.
      BLACK KNIGHT: 'Tis but a scratch!
      ARTHUR: A scratch?! You have no evidence of infringement!
      BLACK KNIGHT: Yes I do.
      ARTHUR: Well, show me then. I'm going to file another motion for discovery!
      BLACK KNIGHT: I've had worse.
      ARTHUR: Liar!
      BLACK KNIGHT: Come on, you pansy!

      [clang clang clang]
      [ARTHUR chops off the BLACK KNIGHT's lawsuit at the knees]

      ARTHUR: Victory is mine!
      BLACK KNIGHT: It's just a flesh wound!
      [headbutts ARTHUR] I'm invincible!
      ARTHUR: You're a looney!
      BLACK KNIGHT: Oh, all right, pay me $100M and we'll call it a draw.
      ARTHUR: Come, Patsy. [clip clop, clip clop]
      BLACK KNIGHT: Oh. Oh, I see. Running away, eh? You yellow bastards! Come back here and take what's coming to you. I'll bite your legs off!

      --
      Mr. Hu is not a ninja.
  23. Duel it out by Thyme3333 · · Score: 3, Funny

    The two headquarters are within 10 miles of each other (Sco in Lindon, Utah and Novell in Provo, Utah)...why don't they just meet in the middle and duel it out man to man?

  24. Re:How can they keep doing this? by s-meister · · Score: 2, Funny

    Remember Buffy The Vampire Slayer? We need a cute chick with a sharp stick. No offense intended, Pamela et al.

  25. Re:Luser Pays. Support your original claim. Re:Wha by dcam · · Score: 2, Funny

    Spelling:

    Looser -> Loser (Unless you actually mean that the person who is less tight pays. I'm not sure how you would determine that.)

    goy -> guy (I am assuming you don't actually mean goy, because sometimes Jewish people go to court too)

    Ostralia -> Australia (While we may pronounce it "Ostralia", we actually spell it Australia)

    mischife -> mischief (I love Olde Englishe too, but we do have a dictionary now)

    --
    meh
  26. Re:Luser Pays. Support your original claim. Re:Wha by Anonymous Coward · · Score: 1, Funny

    "goy -> guy (I am assuming you don't actually mean goy, because sometimes Jewish people go to court too)"

    Sometimes?