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Technology Stocks : SCO Group (SCOX)

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To: Glenn Petersen who wrote (212)	2/15/2008 12:09:41 PM
From: Scott C. Lemon	Read Replies (1) of 239

Hello all, Wow ... completely out of the blue! The wild ride continues ... and now they are even more fully funded ... So it seems that the funding is there, and if the deal goes through the lawsuits will continue. The issue for Novell that I have heard is one of the claims from the last ruling. "The court also concludes that, to the extent that SCO has a copyright to enforce, SCO can simultaneously pursue both a copyright infringement claim and a breach of contract claim based on the non-compete restrictions in the license back of the Licensed Technology under APA and the TLA. The court further concludes that there has not been a change of control that released the non-compete restrictions of the license, and the non-compete restrictions of the license are not void under California law. Accordingly, Novell’s motion for summary judgment on SCO’s non-compete claim in its Second Claim for breach of contract and Fifth Claim for Relief for unfair competition is granted to the extent that SCO’s claims require ownership of the UNIX and UnixWare copyrights, and denied in all other regards." ( groklaw.net , page 100) From what I have been told, this could allow SCO to order a cease and desist preventing Novell from competing with UNIX ... which could mean getting out of the Linux business. It's a wild ride folks, and the fat lady obviously has not sung yet ... Scott C. Lemon the.inevitable.org

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