I'm surprised no-one seems to have mentioned this (quote below) from Novell's letter (pdf) to SCO on May 28th 2003 - Apparently SCO have "repeatedly asked Novell to transfer the copyrights to SCO".
It would be really good if Novell publish these letters where SCO are asking them to transfer these copyrights!
Importantly, and contrary to SCO's assertions, SCO is not the owner of the UNIX copyrights. Not only would a quick check of U.S. Copyright Office records reveal this fact, but a review of the asset transfer agreement between Novell and SCO confirms it. To Novell's knowledge, the 1995 agreement governing SCO's purchase of UNIX from Novell does not convey to SCO the associated copyrights. We believe it unlikely that SCO can demonstrate that it has any ownership interest whatsoever in those copyrights. Apparently, you share this view, since over the last few months you have repeatedly asked Novell to transfer the copyrights to SCO, requests that Novell has rejected. Finally, we find it telling that SCO failed to assert a claim for copyright or patent infringement against IBM.
Note that SCO have now actually filed to amend their complaint against IBM to include copyright infringements, but this motion has not been ruled on yet
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