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Novel holds the cards -- not SCO
According to the 1995 Technology License Agreement between SCO and Novel:

...the TLA provides Novell with 'a non-exclusive, non-terminable, worldwide, fee-free license to . . .
use, reproduce and modify, and authorize its customers to use, reproduce and modify, Licensed
Technology...

...provides Novell with 'a non-exclusive, non-terminable, worldwide, fee-free license to . . .
sublicense and distribute, and authorize its customers to sublicense and distribute, such Licensed
Technology and modifications thereof, in source and binary form...

But what about the restrictions that SCO contends exist you ask?

Section II.B. ...the proviso 'setting forth restrictions on the sublicense and/or distribution of
Licensed Technology and modifications thereof' ceases to exist in the event of a 'Change of Control of
SCO

Clearly a change of control happened at SCO that falls within the set parameters defining such an event.

SCO is in denial of the rights retained by Novel.
Posted by: sbj   Posted on: 02/05/04 You are currently: a Guest | Members login | Terms of Use

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SCO is in the right  Christian_<>< | 02/05/04
SCO has the right  stephen732@... | 02/05/04
Don't think so but would be great.  zd-spam | 02/06/04
OOPS!  zd-spam | 02/06/04
It's up to the judge  dscherf | 02/06/04
RE: It's up to the judge  jafucci@... | 02/08/04
SCO hasn't established ANYTHING!  Eggs Ackley_z | 02/06/04
SCO is in the right?  guido_z | 02/06/04
Now there's a big if....  NemesisNL | 02/06/04
They distributed that code  azurensis | 02/06/04
SCO in the Right?  nucrash | 02/06/04
SCO is in the RIght?  jkevinm | 02/06/04
keyword = IF  blahblahblah | 02/06/04
Yes, but...  cybervegan | 02/06/04
SCO claims are dubious at best.  kimalanus | 02/06/04
Try to pick headlines that make sense w/ the message  mlybbert | 02/06/04
It will be interesting to see the result of the hearing later today (NT)  Daisy Fontana | 02/05/04
Rough transcript available on groklaw *NOW*  cybervegan | 02/06/04
Novel holds the cards -- not SCO  sbj | 02/05/04
Novell  guido_z | 02/06/04
who cares about SCO  NemesisNL | 02/06/04
SCO licensed what to whom?  csk_1975 | 02/05/04
SCO reminds me of when my kids "were kids"  ST0RMCHASER | 02/05/04
This is the IBM suit...  Fred Fredrickson | 02/06/04
If the judge has even a shred of intelligence...  NemesisNL | 02/06/04
TFA is wrong  rgriffith64@... | 02/06/04
This is the IBM suit...  Fred Fredrickson | 02/06/04
Buy SCO Stock!  jkantor | 02/06/04
buy...buy....  guido_z | 02/06/04
I think this company's actually going off the rails, you know?  DanIelWalker_z | 02/06/04
yeah...  princessangry | 02/06/04
Has SCO ever...  rmkjr@... | 02/06/04
paraniod dillusions my dear....  princessangry | 02/06/04
Am I dreaming?  NemesisNL | 02/06/04
suicide  guido_z | 02/06/04
reply for sco's going of the rails...  guido_z | 02/06/04
Wouldn't shed any? I think I might...  DanIelWalker_z | 02/06/04
This is part of Microsoft's......  Rick_K | 02/06/04
flat earth society  guido_z | 02/06/04
For a nice story about getting the facts  Fred Flintsone | 02/06/04
oh....  guido_z | 02/06/04
"Linsux advocates will say anything..." da-de-da-de-da  DanIelWalker_z | 02/06/04
Did you read the article?  IT_User | 02/06/04
tired....  princessangry | 02/06/04
Yes, Buy SCO Stock!  FlyGuy70 | 02/06/04
of course  guido_z | 02/06/04
Stolen code is the sincerest form of flattery...  LinuxDoesntCrash | 02/06/04
Why? SCO's stocks up .... that's the reason  el1jones | 02/06/04
sco right  lotta_anger | 02/06/04
Well, isn't THAT a suprise...  BitTwiddler | 02/06/04
Let's get it right here...  fullebr@... | 02/06/04
SCO now requesting to base case on nothing at all  Still Lynn | 02/09/04
But will it work  Chad_z | 02/06/04
SCO to IBM: Make me an offer  ep_myers | 02/06/04
ibm settlement?  guido_z | 02/06/04
we'll sue!  jaylt2 | 02/06/04
SCO Group has significantly widened its Unix and Linux lawsuit against IBM  preadapted | 02/06/04

What do you think?

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