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Technology Stocks : SCO Group (SCOX)

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To: Scott C. Lemon who wrote (186)4/25/2007 5:45:31 PM
From: tonysee200x   of 239
 
“but I have to admit that I can't understand how Novell current management would say things that appear to be so incorrect in the eyes of the Novell executives who negotiated the deal. “

Novell's current management has not recently commented on the case. On the other had the Novell legal team has already said--

*The APA explicitly excludes copyrights
*Minutes from the Novell board of directors meeting just prior to the sale says copyrights are excluded.
*copyright law requires a explicit document to indicate the rights have transferred. None has been produced.

Also recent filings say

*David Bradford who was the Senior Vice-president and General Counsel, who oversaw the negotiation and drafting of a contract between Novell and Santa Cruz says. “The Asset Purchase Agreement means what it says: copyrights were not included as an asset; copyrights were specifically excluded from the asset transfer. The exclusion was intentional. Should any persons suggest otherwise, they are mistaken. “

*Allison Amadia who negotiated the famous amendment 2 says “......Novell was not going to transfer ownership of any copyrights to Santa Cruz through Amendment No. 2.”
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IMO-- The fact that Frankenberg understood the agreement to include copyright transfer is interesting and confusing but absent and written document backing this up I am not sure what it means legally.

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oh and not surprisingly I think the exact opposite to you regarding the short interest. I believe people covering shorts is supplying enough buyers to prevent the stock from tanking more then it has. I don't think many new people are coming in and shorting the stock at $.99. My thinking is once the shorts are done covering the number of buyers goes down and the price of the stock goes down with it.
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