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On copyright transferOn copyright transferPosted Aug 26, 2009 1:42 UTC (Wed) by bojan (subscriber, #14302)In reply to: On copyright transfer by bojan Parent article: SCO: not dead yet?
For the reference, text of Amendment 2:
> All copyrights and trademarks, except for the copyrights owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies. However, in no event shall Novell be liable to SCO for any claim brought by any third party pertaining to said copyrights and trademarks.
The most obvious question for a jury member to ask is this:
If this amendment was the correction of exclusion of copyright of Unix and UnixWare from the transfer, why doesn't the first sentence simply say:
> All copyrights and trademarks, except copyrights in UNIX and UnixWare.
To me, the answer to that question is simple - because that's not what it means.
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On copyright transfer Posted Aug 26, 2009 8:57 UTC (Wed) by epa (subscriber, #39769) [Link] If Novell back then had taken your suggestion and made it 'All copyrights and trademarks, except UNIX and UnixWare', then old SCO's lawyers would immediately have wanted to change it toAll copyrights and trademarks, except copyrights in UNIX and UnixWare, except for the copyrights required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies.After all, they wouldn't sign a contract that didn't give them any necessary copyright ownership to enforce the rights they were buying. The question is, what are those rights? And once you have found out what the rights are, what copyright transfer was necessary for SCO to exercise them? The answers everyone is hoping for are 'the right to market UNIX and UnixWare on behalf of Novell', and 'not much'.
On copyright transfer Posted Aug 26, 2009 10:12 UTC (Wed) by bojan (subscriber, #14302) [Link]
I think you may have misunderstood what I wrote. My point is that it was simple to exclude Unix and UnixWare copyrights from being excluded (i.e. making them included in the sale). However, this was not written in Amendment 2.
I'm not suggesting at all Novell should have done that (i.e. included these copyrights). On the contrary, I'm suggesting they explicitly didn't want to do that.
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