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Oracle and Novell File Reservations of Rights RE SCO's Bankruptcy Sale Plan

Aug 20, 2010, 07:32 (0 Talkback[s])
(Other stories by Pamela Jones)

"Oracle, as well as Novell, have both filed a Reservation of Rights objecting to SCO's Motion in bankruptcy court to sell off all the assets, all but the litigation and whatever is on the list of excluded assets. If you recall, Oracle made an appearance in connection with an earlier SCO sales scheme, and now it says SCO needs to tell it more detailed information about the new plan and amend it, if any Oracle contracts are involved. "At this time, Oracle does not consent to any proposed assignment or transfer of use via the Sale Motion or otherwise, as proposed transfers must be in compliance with the license terms," Oracle tells the court. It has copyrights and patents on this software, it points out. Not that it needs to mention that this week. We are aware.

"...Oracle says the Sales Motion should be denied with respect to any transfer of Oracle agreements, but going beyond, the Bankruptcy Code sets out "specific prerequisites that must be met before the trustee/debtor can assume and assign an executory contract, including (a) curing (or providing adequate assurance of a prompt cure of) an defaults under the subject contracts" and providing assurance of future performance. Without those two things, SCO can't just hand the executory contracts over to anybody, and Oracle reserves the right to be heard."

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