|FROM ||From: "Rene Ferrer"
|SUBJECT ||Subject: [hangout] SCO finds the smoking gun
...back in 1996, when no one really cared about Unix.
SCO Confirms Copyright Ownership of UNIX® and UnixWare®
Amendment to Asset Purchase Agreement Confirms Copyright Ownership
LINDON, Utah, Jun 6, 2003 -- The SCO® Group (SCO) (Nasdaq: SCOX), the owner
of the UNIX® operating system, today confirmed its previously stated
ownership of UNIX copyrights. As SCO has consistently maintained, all rights
to the UNIX and UnixWare technology, including the copyrights, were
transferred to SCO as part of the Asset Purchase Agreement between Novell
and SCO dated September 19, 1995. Any question of whether the UNIX
copyrights were transferred to SCO under the Asset Purchase Agreement was
clarified in Amendment No. 2 to the Asset Purchase Agreement dated October
"This amendment simply confirms SCO's long stated position that it owns all
copyrights associated with the UNIX and UnixWare businesses," said Chris
Sontag, senior vice president and general manager, SCOsource intellectual
property division, SCO. The amendment was signed by Steven Sabbath, Vice
President, Law and Corporate Affairs for The Santa Cruz Operation, Inc., and
James R. Tolonen, Executive Vice President and CFO, Novell, Inc.
The clause in Amendment No.2 in the Asset Purchase Agreement states:
A. With respect to Schedule 1.1(b) of the Agreement, titled "Excluded
Assets", Section V, Subsection A shall be revised to read:
All copyrights and trademarks, except for the copyrights and trademarks
owned by Novell as of the date of the Agreement required for SCO to exercise
it rights with respect to the acquisition of UNIX and UnixWare technologies.
However, in no event shall Novell be liable to SCO for any claim brought by
any third party pertaining to said copyrights and trademarks.
"SCO is the owner of the UNIX operating system, as well as all of the UNIX
contracts, claims and copyrights necessary to conduct that business," said
Sontag. "None of the litigation we are currently involved with asserts
claims based on copyrights. Because others have called into question SCO's
ownership of the UNIX and UnixWare copyrights, we are satisfied that we have
now proven without a doubt that SCO owns those copyrights."
The SCO Group (Nasdaq: SCOX) helps millions of customers in more than 82
countries around the world grow their businesses everyday. Headquartered in
Lindon, Utah, SCO has a network of more than 11,000 resellers and 8,000
developers. SCO Global Services provides reliable localized support and
services to partners and customers. For more information on SCO products and
services, visit http://www.sco.com .
SCO and the associated SCO logo are trademarks or registered trademarks of
The SCO Group, Inc. in the U.S. and other countries. UNIX and UnixWare are
registered trademarks of The Open Group in the United States and other
countries. All other brand or product names are or may be trademarks of
their respective owners.
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