The SCO Group: we're not dead yet
Posted Aug 13, 2007 15:07 UTC (Mon) by
mbottrell (guest, #43008)
Parent article:
The SCO Group: we're not dead yet
Furthermore, it appears SCO needs to learn to read a judges ruling better.
The ruling is here: http://www.groklaw.net/article.php?story=20070810165237718
In a nutshell SCO:
' The court concludes that the APA as amended by Amendment No. 1 excluded UNIX and UnixWare copyrights from the Assets transferred to Santa Cruz by the Bill of Sale. The Bill of Sale executed by the parties on December 6, 1995, transferred ownership to Santa Cruz of the Assets as defined by the APA and Amendment No. 1. Thus, the scope of the Assets transferred by the Bill of Sale is determined by the definition of Assets set forth in the APA and Amendment No. 1. Amendment No. 1 made some revisions to Schedules 1.1(a) and (b) but did not change the description of the Intellectual Property included and excluded from the transfer. A review of Schedule 1.1(a) listing transferred assets and Schedule 1.1(b) listing Excluded Assets demonstrates that the transferred assets did not include the UNIX and UnixWare copyrights. The only "Intellectual Property" listed in the Schedule 1.1(a) list of assets to be transferred are the UNIX and UnixWare trademarks. Schedule 1.1(a) did not identify UNIX or UnixWare copyrights as an asset to be transferred. Conversely, the Schedule 1.1(b) list of "Excluded Assets" expressly excluded from the transferred assets "[a]ll copyrights and trademarks, except for the trademarks UNIX and UnixWare." Thus, the language of the APA and Amendment No. 1 at the time of the Bill of Sale is clear: all copyrights were excluded from the transfer. '
To repeat the copyrights for UNIX and UnixWare were excluded from the transfer.
Yes, subsequent work you have trademarks for.. however your whole case against Linux hinged on this crucial 'legal fact' (sic).
It hasn't held up in court... and as such it appears your house of cards has just folded.
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