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Submission + - Latest SCO Claim: Novell decision "has no bearing" on remaining case (groklaw.net)

UnknowingFool writes: In June 2013, Judge David Nuffer allowed SCO v IBM to continue after a long delay due to SCO's bankruptcy proceedings. He asked that SCO to file a brief on which claims were closed by the Novell judgement where Novell was found to be the owner of UNIX and UNIX copyrights. SCO filed its brief titled: "Proposed Judgment Dismissing SCO's Claims Mooted by the Final Judgment in SCO v. Novell" where they listed three claims where the Novell decision "has no bearing":
  • VI: Unfair Competition where IBM is accused to undermining and destroying UNIX and harming SCO in Project Monterrey by giving to Linux "SCO’s valuable [UNIX] source code"
  • VII: Interference with Contract where IBM supposedly encouraged others to develop Linux by reverse engineering, modifying, and creating derivative works of UNIX
  • IX: Interference with Business Relationships where IBM discouraged others from doing business with SCO. (I believe SCO suing everyone did that).

IBM not only responded that there were no claims left, they objected to the term "mooted" as IBM points out: "The claims are not moot; they are barred under principles of issue preclusion (or collateral estoppel)." From my understanding, "moot" means unsettled but unimportant which IBM points out that the claims were decided and SCO cannot re-litigate them again. IBM also points out in that Project Monterrey in VI was not a "joint venture" as SCO describes it.

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Latest SCO Claim: Novell decision "has no bearing" on remaining case

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