[Talk] FWD: [osv-list] Funniest thing I've seen in a long time (SCO claim)

[Con Zymaris]

This could be very interesting. i thank Brendan for the tip-off.

In essence:

 I have the two letters now, which were faxed to me, both of them from 
 Jack Messmen, CEO of Novell, to Darl McBride of SCO.  What they say is 
 that SCO has no contractual right to terminate IBM's AIX license, 
 because, as earlier reported, it was a three-way contract, and one under 
 which Novell retained the right to compel SCO to do pretty much whatever
 Novell wanted done respecting IBM's license rights.  According to
 these letters, Novell told SCO not to terminate IBM's rights, and
 when SCO didn't comply, on June 12, Novell intervened and overruled
 SCO, which Novell says it had retained the right to do when it sold
 some, but not all, of its UNIX ownership rights.  In other words,
 while SCO got some rights to UNIX, Novell retained veto power.

 ...

----- Forwarded message from Brendan Scott <brendanscott at optusnet.com.au> -----

From: Brendan Scott <brendanscott at optusnet.com.au>
To: osv-list at lists.osv.org.au
Subject: [osv-list] Funniest thing I've seen in a long time (SCO claim)

Apparently the IBM licence agreement was a tripartite one - IBM-SCO-Novell
and one of the conditions was that Novell had the power to act on behalf
of SCO in relation to any action in relation to the licence. Apparently
Novell has the ability to waive any rights that SCO has under the
agreement to take action against IBM. And, in a letter of 12 June this
year, did so.

Details at GrokLaw: http://radio.weblogs.com/0120124/ under August 8.

If this is true, it is hilarious.


Brendan

and greetz to everyone on the list.

-- 
Brendan Scott
IT Law 0414 339 227 http://www.members.optusnet.com.au/brendanscott
Open Source Business Consultancy 
http://www.members.optusnet.com.au/brendansweb
Opensource AU Digest: brendansweb at optusnet.com.au
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----- End forwarded message -----

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Con Zymaris <conz at cyber.com.au> Level 4, 10 Queen St, Melbourne 03 9621 2377 
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