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Novell Poised To Strike On Slander Of Title Claim
Caldera
The Courts
Unix
Posted by timothy on Wed Aug 11, '04 07:55 AM
from the hope-that-works dept.
Xenographic writes "As seen in this Groklaw article, Novell is moving to dismiss SCO's slander of title claim with prejudice. They key to it is that SCO needs Novell's claims to be "knowingly false" to establish malice. Since the judge's own order on the motion to remand (see also part 2) questions whether there really was ever actually a copyright transfer, Novell's assertion that there was no transfer cannot be knowingly false, so SCO's case falls apart. Unfortunately, as Novell points out, the judge would be doing this without actually deciding the underlying issue of who owns what copyrights, and SCO could file a completely different suit for breach of contract or something, even though SCO would be unable to refile this slander of title suit. As an aside, I should mention that this isn't the first or only controversy over defamation we've seen in this fiasco by any means."

 

 
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Related Links
· Xenographic
· Groklaw article
· with prejudice
· knowingly false
· malice
· motion to remand
· part 2
· controversy over defamation
· More stories
· Also by timothy
 
 
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