Novell Files for Summary Judgment Against SCO

rm69990 writes "Novell filed a motion with Judge Dale Kimball asking him to grant summary judgment or a preliminary injunction on Novell's claims that SCO wrongfully retained the money it received from Microsoft and Sun for their SVRX licensing and sublicensing agreements. Novell indicated over a year ago, when they initially filed their counterclaims against SCO, that they were planning on asking Judge Kimball to force SCO to turn over these monies. However, Novell only recently received the actual licensing agreements between SCO, Sun and Microsoft through discovery, despite demanding copies of them as early as 2003, and thus was unable to determine that SCO had breached the APA until now, which is why this motion is being filed so late in the case. This motion will likely bankrupt SCO if granted."

Comments

Too Bad It Won't Go

[MikeyTheK]

Unfortunately, this has absolutely no chance of success. Motions for Summary Judgment are generally denied unless the other side's argument is so flimsy that there is no shot at it succeeding at trial, and is wasting the court's time. However, since a judge can't just dismiss a civil action for being st00pid, s/he generally first tries to get the parties to settle, and then tries to encourage the plaintiff (or defendant) to punt, to save them the embarrassment of granting a MSJ. If they refuse, then this might succeed.

In a case like this, though, where the facts and evidence are sure to be the crux of matters, there is no way the judge will grant it, which is unfortunate.

the Baystar connection ..

[rs232]

"Mr. Emerson [Microsoft's senior vice president of corporate development and strategy] and I discussed a variety of investment structures wherein Microsoft would `backstop,' or guarantee in some way, BayStar's investment....Microsoft assured me that it would in some way guarantee BayStar's investement in SCO."

"Microsoft stopped returning my phone calls and emails, and to the best of my knowledge, Mr. Emerson was fired from Microsoft"

http://www.groklaw.net/article.php?story=200609292 12013816

Re:If it's granted, what happens to the IBM case?

[KokorHekkus]

I read in the comments of the page that such a motion is only granted if it is shown that it will not make SCO bankrupt. I'm not a lawyer, and I don't understand why these motions exist then? Why would Novell get money from SCO in the first place? What has the deal with microsoft and sun to do with novell?

When SCO/Caldera bought some rights to Unix System V from Novell they couldn't/wouldn't pay enough money up front. So they agreed that of all future license there would be a 95/5 split between Novell and SCO/Calders (yes, 95% to Novell).