Novell Files New Summary Judgement Motion

rm69990 writes "In yet another piece of SCO news this week, Novell has filed a new motion for partial summary judgment, asking the court to declare that Novell is entitled to direct SCO to waive its claims against IBM, that Novell has the right to take these actions on SCO's behalf if SCO refuses to comply and that SCO is obligated to recognize Novell's waiver. Since SCO's case against IBM is primarily a contract case, this issue affects the IBM case far more than the ongoing copyright issue between Novell and SCO. This bad week for SCO just got even worse."

Comments

Re:Oh, very clever!

[Hope Thelps]

Novell *waives* IBM's transgression rather than letting the court prove there wasn't one in the first place. Now, coming as it does after the MS deal

Novell's waiver was over 3 years ago and has been public knowledge for most of that time. All that's happening now is that Novell are asking for a judgment declaring that their waiver is valid. IBM's motions for partial summary judgment on the copyright issue are all ready on the table. Chance are the judge will find that the 300 odd non-contiguous lines of allegedly infringing code don't amount to infringement of a protectable element anyway even IF they turn out to have been copied verbatim from SysV (very unlikely) and even if SCO is eventually ruled to own SysV (very unlikely). This is at most a back up motion in case the judge isn't convinced by everything else.