Groklaw: Novell Writes to SCO Again…

“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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