[NTLUG:Discuss] SCO's Contract With Novell is Examined

[bkontr]

BusinessWeek excerpts dated 6/04/03:

A 1995 contract sheds light on the conflicting Unix ownership claims by 
Novell and SCO Group, with SCO receiving broad rights to the operating 
system but Novell retaining copyrights and patents.

According to a copy of the contract obtained by CNET News.com, Novell 
sold "all rights and ownership of Unix and UnixWare" to the SCO Group's 
predecessor, the Santa Cruz Operation. However, the asset purchase 
agreement, filed with the Securities and Exchange Commission, 
specifically excludes "all copyrights" and "all patents" from the purchase.


AND

The 1995 contract appears to give Novell the edge in the copyright 
debate, said John Ferrell, an intellectual property attorney with Carr 
and Ferrell, who reviewed the contract.

"This would support Novell's contention that SCO does not own the 
copyrights and does not have the right to litigate" a copyright 
infringement case, Ferrell said. However, he said, the contract does 
indicate SCO could pursue a case that a Unix licensee breached its contract.

http://www.businessweek.com/technology/cnet/stories/1013229.htm