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Welcome to virtuallinux.org. You are currently reading the article "SCO to Pamela Jones: please call". All articles on virtuallinux.org pertain to the ongoing assult on the worlds greatest Operating system. Continue on reading about "SCO to Pamela Jones: please call"
SCO to Pamela Jones: please call
Posted on Friday, February 16 2007 @ 06:49:00 EST by linuxwiz |
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In an interview today with Linux-Watch, SCO CEO Darl McBride said that his company's primary attorneys, Boies, Schiller & Flexner, are indeed trying to serve a subpoena for a deposition on Pamela Jones, the editor of, Groklaw, the legal IT news site.
McBride
said that the idea for serving Jones came from the law-firm. "It's my
understanding that she has some material of importance to our slander
of title case with Novell. I don't know the exact details."
This case sprang from Novell's contention that it, and not SCO, owns Unix's IP
(intellectual property) rights. Novell claims that neither the APA
(asset purchase agreement) of Sept. 19, 1995, which transferred Unix
and UnixWare to Santa Cruz Operations, nor Amendment 2 to the APA gave
SCO any copyrights to Unix. If Novell wins this point in Federal Court,
then SCO's case against IBM for placing Unix IP code into Linux falls apart like a house of cards with the bottom card knocked out.
SCO responded to Novell's attack with a "slander of title" suit.
SCO can't simply claim that Novell is in breech of contract. That's
because today's SCO isn't the same company that bought Unix from Novell
in the APA (asset purchase agreement).
To put it in layman's
terms, SCO is claiming that it should have gotten the IP rights -- the
title, as it were -- to the Unix car, but SCO tacitly admits that it
has never gotten the "ownership on paper" or "instrument of
conveyance." Therefore, SCO wants the court to order Novell to give it
the title, the ownership of Unix's IP rights.
McBride was not
able to say what information Jones might have about the slander of
title case. Jones has always posted all of her SCO case materials to
her Groklaw site.
McBride remains not entirely convinced that Jones is a real person.
He asked several times about the author's meetings with her, and
whether he believed that this person was indeed Pamela Jones, editor of
Groklaw.
He went on to say that he hopes that the process
servers will soon be able to serve the subpoena on Jones. He added,
"We've subpoenaed hundreds of people for our cases. This is just
another one."
McBride concluded, "Pamela, if you read this, please, give me a call. We just want to chat."
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