Wednesday, June 29, 2005

Hard drive's up!

But I still can't figure out why SCO is suing Novell.

The SCO Group's (Profile, Products, Articles) slander lawsuit against Novell is now set to enter the discovery phase after Novell's (Profile, Products, Articles) attempts to again halt proceedings failed. The judge in the bitter legal battle denied Novell's second motion to dismiss the case late Monday.

"We are pleased the court has denied Novell's second attempt to dismiss this case," a SCO spokesman said, welcoming the move towards the discovery phase of the proceedings. Novell officials declined to comment on the judge's decision.

In its suit filed in January 2004, SCO argues that it owns the rights to the Unix and UnixWare copyrights and is seeking damages from what it claims are Novell's false representations about owning the operating systems' source code. SCO purchased Unix Systems Laboratories (USL) assets from Novell. Novell acquired USL, the owner of the Unix trademark and the Unix System V source code, in 1993. Novell maintains that it did not transfer copyright during the SCO purchase and that it, and not SCO, is the owner of the Unix copyright.

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