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Groklaw: Novell Files Motion to Dismiss SCO's Claims

Feb 11, 2004, 22:45 (5 Talkback[s])
(Other stories by Pamela Jones)

[ Thanks to Joe Borsits for this link. ]

"[SCO] missed an important step. To bring a slander of title action, you must be the owner of the property. They can't prove that they own the copyrights to Unix and UnixWare, because Novell claims they do. Thus, they are hinting, they brought the wrong kind of case. They didn't prove the precise amount of money damages they have suffered, and they can't, under the circumstances, so they can't win. Damages must be precise, not just speculative, and all they presented to the court was vague 'We've been damaged in some way' allegations, and since they have no clear title to the copyright, they can't prove the damages element until they prove they actually own the copyrights.

"In a slander of title action, there are necessary elements you have to prove to win. It's like when you hit the ball in baseball, you don't get a home run unless you actually run around and touch all the bases. You can't just stand there and say, It's out of the ballpark, so I don't need to bother running around. In slander of title, one of the elements you must 'touch' to get your 'home run' is 'that special damages were sustained thereby,' and special here means specific, that you can show to the penny exactly what you lost. I'll explain more about slander of title elements in the next article..."

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