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

“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.

“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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