I was just pointing out for the sake of accuracy that
there was indeed one
version of UnixWare on which TSG
claimed copyright infringement.
As for
the foreclosure argument, IANAL, but I'm not
sure that's what it really says.
There seems to be some
wiggle room:
SCO believes that the
Order would
constitute a basis upon which the Court could dismiss
SCO’s First,
Second, Third, Fourth, Fifth or Eighth Causes of
Action in its Second
Amended
Complaint. SCO is not voluntarily dismissing these claims,
but
acknowledges that the Court’s
rulings with respect to Novell’s right to waive
contract
claims if applied to the IBM case would
resolve these
claims.
The phrase "would constitute a basis upon which the
Court could dismiss" seems to me to cry out "yes, you could
so rule if you
really, really wanted to", rather than "yes, this
claim is dead". It just seems
to me to be a far cry from
surrender. And in any case, since Judge Nuffer has
asked for
the parties to file this again, we will see soon enough if TSG
holds
this position.
--- "When I say something, I put my name next to it."
-- Isaac Jaffe, "Sports Night" [ Reply to This | Parent | # ]
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