[plug] Novell kicks TSG in head, groin

Leon Brooks leon at brooks.fdns.net
Thu Nov 11 15:30:27 WST 2004


    http://www.groklaw.net/article.php?story=20041110033306403

    Something extraordinary has happened. Novell has filed its
    Reply in Support of Novell's Motion to Dismiss Amended
    Complaint, and in the document it reveals that it has filed
    an exhibit, the 1995 minutes from the corporate kit of a
    meeting of the Board of Directors, which clearly and
    unequivocably say that Novell was to retain the UNIX
    copyrights in the sale to Santa Cruz that year: [...]

    And there is another bombshell. Novell says that by
    introducing evidence outside the complaint, such as the Ed
    Chatlos declaration, SCO is inviting the Court to convert
    the motion to dismiss into a summary judgment, which they
    say means the Court now has the option to decide the
    matter once and for all and with finality right now.

Cheers; Leon



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