January 20, 2004

Another Loser From SCO

. . . this time, in state court!

SCO filed yet another lawsuit today, this time against Novell, claiming common law slander of title. In Utah, “[t]o prove slander of title, a claimant must prove that (1) there was a publication of a slanderous statement disparaging claimant’s title, (2) the statement was false, (3) the statement was made with malice, and (4) the statement caused actual or special damages.” First Sec. Bank of Utah, N.A. v. Banberry Crossing, 780 P.2d 1253 (Utah 1989).

So they’re going to have to prove not only that they own the UNIX System V copyrights free of any claim by Novell (which is currently a hotly contested issue, turning on a few ambiguous phrases in a contract), but also that Novell’s statements were made with malice. This is not a winner. But, it’ll provide an amusing sideshow.

Disclaimer Haiku:
West wind seems to say,
"This is not legal advice;
I'm not your lawyer."

(And if you're a client with whom I have a preexisting attorney-client relationship, this still isn't legal advice.)

In case you're wondering, this blog is also not intended as advertising, as a representation of anything but my personal opinion, or as an offer of representation.

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