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- What is really odd about this
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is that the the 1995 Asset Purchase Agreement is specifically excludes the copyrights while the 1996 ammendment says that Novell will only turn over the copyrights if OldSCO needed them to run the unix business.
Novell never transfered the copyrights as OldSCO never asked for them. The mysterious 1996 ammendment does not in of itself most likely did not transfer the copyrights - Kimbell has already suggested such.
In order to prevail for copyright infringement against Novell they have to first prevail on the contract portion of the case forcing Novell to transfer the copyrights.
This also means that Red Hat has a firm standing in its case as does IBM in its countersuit and SCO's slander of title case is shot- Get it SCO didn't own the copyrights when they started suing people hence why they are suing Novell to transfer the copyrights. - Posted by: Edward Meyers Posted on: 01/07/06 You are currently: a Guest | Members login | Terms of Use
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