. . . 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.
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