SCO has already agreed, in this
court
filing, that some of its
claims are foreclosed by Novell. At the
time it was arguing
"but we might win on appeal in Novell". Since
Novell is
now finished, it's time for SCO to lose on those
counts.
SCO admitted that
Novell means that SCO lose on "SCO’s
First, Second, Third, Fourth, Fifth or
Eighth Causes of
Action".
Regarding the copyright claims, SCO admitted that
it loses
copyright infringement claims that were based on
claiming to own "all
UNIX and UnixWare copyrights", but it
claims it can "pursu[e] copyright
infringement claims
in so far as [SCO] occupies the position of an exclusive
licensee from Novell, or as the owner of the post-1995
UnixWare copyrights."
In other words, SCO are saying that:
- Novell owns the copyright but SCO
can sue anyway as
it's the exclusive licensee. I expect IBM's motion for
summary judgement will cover that, and I expect IBM will
win, since this is a
ludicrous claim. Novell, acting on
behalf of SCO, has very explicitly forgiven
IBM for any
infringement that occurred.
- SCO hopes there may be some
post-1995 UnixWare
copyrights that IBM might be infringing. However, I don't
think SCO identified these before the court-ordered deadline
for it to
identify with specificity what was
infringing. (Probably because they don't
exist). So even
if SCO can find something, it's too late. Again, I
expect
IBM's motion for summary judgement will cover that;
I'm slightly less sure
about this but I hope IBM will
win - depends on whether SCO manages to
sweet-talk the judge
into ignoring the deadline or not.
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