Novell goes for SCO’s throat

On Sept. 25, IBM took its crack at ending its case with SCO by summary judgment. Now, it’s Novell’s turn, and the company appears to be attempting to cut off SCO’s lifeline to its cash reserves.

On Sept. 29, Novell Inc. filed for “partial summary judgment as to its Sixth, Seventh, Eighth, and Ninth Claims for Relief for constructive trust, breach of fiduciary duty, conversion, and accounting, respectively” at the U.S. District Court in Salt Lake City.

These claims are not, as one might think, concerning Novell’s claims that it, and not The SCO Group Inc., still owns Unix’s copyrights. Novell has claimed that neither the APA (asset purchase agreement) of Sept. 19, 1995, which transferred Unix and UnixWare to Santa Cruz Operations, nor Amendment 2 to the APA gave SCO any copyrights to Unix.

Instead, Novell is going after the money that SCO has made from Unix. In particular, according to Novell’s memo in support of its motion for summary judgment, the company wants its share of the “payments SCO received from SVRX [Unix System V Release any] license agreements that it executed in 2003 with Sun Microsystems, Inc. (“Sun”) and Microsoft Corporation (“Microsoft”).”

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