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Groklaw: Novell's Motion to Dismiss and Memorandum in Support

Feb 13, 2004, 15:00 (3 Talkback[s])
(Other stories by Pamela Jones)

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"I'm never going to get any sleep, I guess. Not this amazing week. Because here is Novell's Motion to Dismiss. And their Memorandum in Support of the motion is absolutely fascinating, too fascinating not to read right now...

"Essentially, they've done something very clever. They are trying to get SCO's action dismissed on the pleadings alone. Shazam.

"From media reports, I couldn't figure out why they didn't argue that there was an absence of malice shown. On reading the memorandum, I see they've chosen to try to avoid anything that would require a trial to resolve. They list elements that they assert SCO has failed to plead sufficiently in their Complaint, giving the judge the opportunity to dismiss the case on the pleadings alone, for failure to state a claim..."

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