The SCO Group, Inc, the owner of the UNIX operating system, has filed suit against Novell for its alleged bad faith effort to interfere with SCO’s rights with respect to UNIX and UnixWare.
According to SCO, the lawsuit, filed in Utah State court, requests preliminary and permanent injunctive relief as well as damages for malicious and wilful conduct.
The injunction would require Novell to assign to SCO all copyrights that Novell has wrongfully registered; prevent Novell from representing any ownership interest in those copyrights; and require Novell to retract or withdraw all representations it has made regarding its purported ownership of those copyrights.
Among the claims, SCO says that Novell has attempted, in bad faith, to block SCO’s ability to enforce its copyrights; and that Novell’s false and misleading representations that it owns the UNIX and UnixWare copyrights has caused irreparable harm to SCO’s copyrights, its business, and reputation.
‘SCO takes this action, given Novell’s recent and repeated announcements regarding their claimed ownership of the UNIX and UnixWare copyrights,’ said Mark Heise, partner, Boies, Schiller and Flexner, LLP.
Schiller added: ‘Although SCO owns the UNIX and UnixWare copyrights, Novell’s efforts to claim ownership of these copyrights has forced this action.
‘We encourage the public and commercial Linux users to read the Asset Purchase Agreement from 1995 and Amendment 2 so they can see for themselves that SCO owns the copyrights to UNIX and UnixWare.’