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Groklaw: Novell Writes to SCO Again...

Feb 11, 2004, 14:00 (20 Talkback[s])

"Novell has done it again. Another letter to SCO, and some documentary proof that SCO's interpretation of 2.01 of the Asset Purchase Agreement is wrong, all wrong, from Novell's standpoint. Novell has the new correspondence on its web site as well as the attached proof, bringing us up to February 6. It's dynamite, once again.

"Unless I am missing something, I think the ballgame is over for SCO as far as their legal theory about derivatives having to be kept confidential and not being allowed to be donated to Linux. Novell by this letter 'hereby directs SCO to waive any purported right SCO may claim to require Sequent (or IBM as its successor) to treat Sequent Code as subject to the confidentiality obligations or use restrictions of Sequent's SVRX license.' They have until noon, February 11, to comply. This could be part of why SCO has been so quiet of late. The theory of their case may just have blown up in their face. Of course, SCO has a different interpretation of the Asset Purchase Agreement, which you can read in the correspondence on Novell's site...

"Here's the letter. I am definitely getting to like Novell..."

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