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."

Re:Business implications?

[MrNaz]

What, you mean they aren't using MacOS?

Re:'Bout Damn Time

[backwardMechanic]

Darl's never going to make it to Gitmo. He's not innocent.

Re:Business implications?

[Anonymous Coward]

I think they'll be very upset. Both of them.

Re:Its about time

[Marcion]

>The question should be, why have they lasted so long?

Because Windows Vista was not ready yet ;)

Re:Business implications?

[Linker3000]

Actually,

The assets of the bankrupt company belong to the creditors - that would in the majority be IBM so, in effect IBM would be able to use these assets to realise any monies owed.

In light of the fact that some of the potential 'assets' of SCO would have included the costs awarded to them IF they had won the case, IBM could now withdraw their request for summary judgement and pursue the claim(s) formerly alleged by SCO.

Now, since IBM is also a defendent in the case, they could ADMIT the claims in the original SCO lawsuit and pay themselves nominal damages BUT also now have the case proven and so open the floodgates for them to pursue Red Hat, Mandriva, Ubuntu, Slackware developers etc. etc. and each and every corporate and private Linux user.

The result would be that IBM becomes the most evil force in the empire, Microsoft becomes the people's friend, Bill Gates is made a saint and everyone starts installing GND/HURD (but can't explain why), the world's economic infrastructure implodes and the only way to do any serious computing is to submit a batched application via teleprinter to your local University who had the forsesight to store their old VAX 11/750 in 1987 'just in case'.

L3K

PS : IANALAMTUFCE

(I am not a lawyer and made this up for comic effect)