IP-WARS.NET || New SCO v Novell Filings

New SCO v Novell Filings

By ColonelZen, Section SCO Related Articles
Posted on Wed Nov 10th, 2004 at 04:12:26 EST

Thanks br3n for pointing this out on SCOX.

http://sco.tuxrocks.com/Docs/Novell/Novell-55.pdf (3 pages) Novell, Inc's Ex Parte Motion for Leave to File an Overlength Reply Memorandum

http://sco.tuxrocks.com/Docs/Novell/Novell-56.pdf (29 pages) Relpy In Support of Novell's Motion to Dismiss Amended Complaint

http://sco.tuxrocks.com/Docs/Novell/Novell-57.pdf (6 pages) Declaration of Kellie Carlton in Support of Novell, Inc's Motion to Dismiss.

-- TWZ

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New SCO v Novell Filings | 35 comments (35 topical, 0 editorial, 3 hidden)

Novell Text PDFs Here (4.75 / 4) (#27)
by nono2sco on Thu Nov 11th, 2004 at 21:10:39 EST
(User Info)

Here are the recent Novell documents (and one AZ) after conversion from image pdfs to text pdfs. This process is relatively painless and fast (<5 mins for 30 pages).

http://www.fienx.net/legal/cases/2-04-cv-00139/Novell-53T.pdf
http://www.fienx.net/legal/cases/2-04-cv-00139/Novell-55T.pdf
http://www.fienx.net/legal/cases/2-04-cv-00139/Novell-56T.pdf
http://www.fienx.net/legal/cases/2-04-cv-00139/Novell-57T.pdf
http://www.fienx.net/legal/cases/cv-s-04-0237/AZ-44T.pdf

Thanks to fienxjox for the hosting space and bandwidth. We need to decide long term now we want to organize all the versions of the docs and store them in an accessible manner. Let me know what you think of them and if we want more docs converted. Appended a T to the filename to keep them straight.
____ "power corrupts, and absolute power corrupts absolutely" -- Lord Acton

Re: Novell Text PDFs Here by mikey, 11/11/2004 22:50:02 EST (none / 2)

Re: Novell Text PDFs Here by nono2sco, 11/11/2004 23:56:17 EST (none / 2)

Re: Novell Text PDFs Here by nono2sco, 11/12/2004 00:01:57 EST (none / 2)

Re: Novell Text PDFs Here by mikey, 11/12/2004 10:03:08 EST (3.75 / 4)

Re: Novell Text PDFs Here by nono2sco, 11/12/2004 10:11:29 EST (3.75 / 4)

Board Minutes (4.28 / 7) (#1)
by mikey (mikey at badpenguins dot com) on Wed Nov 10th, 2004 at 11:56:09 EST
(User Info) http://www.ip-wars.net

If you are just too dang lazy to download and read the pdf, here is the interesting text from the board minutes from September 18, 1995 (Novell-57.pdf):

RESOLVED: That the Board of Directors of this corporation (Novell) hereby determines that it is in the best interests of this corporation and its shareholders to enter into an Asset Purchase Agreement with The Santa Cruz Operation, Inc. (SCO).

Pursuant to the Asset Purchase Agreement, Novell will transfer to SCO its UNIX and UnixWare technology assets, a portion of the employee base in New Jersey (approximately 100 of 400 employees), equipment used in UnixWare business, and certain assumed liabilities thereto. Pursuant to the Asset Purchase Agreement, SCO will issue 6.1 million new shares of common stock to Novell. SCO will also collect and pass through to Novell 95% of the SVRX Royalties. Further, SCO will pay to Novell ongoing royalties associated with their future sale of the UNIXWARE technology as more fully set forth in the Asset Purchase Agreement.

Novell will retain all of its patents, copyrights and trademarks (except for the trademarks UNIX and UnixWare), a royalty-free, perpetual, worldwide license back to UNIX and UnixWare for internal use and resale in bundled products, Tuxedo and other miscellaneous, unrelated technology.

RESOLVED FURTHER: That the following additional terms will be part of the Asset Purchase Agreement between Novell and SCO. Novell will select an individual to be nominated for election to the Board of Directors of SCO. Novell will have the right to maintain its percentage ownership in SCO if SCO issues or sells new shares. Novell will also have a right of first refusal on the sale of SCO to any one of the following companies, or their affiliates, which are: Sun Microsystems, Microsoft, Hewlett-Packard, IBM, Digital, and Fujitsu. Novell will have demand registration rights on SCO shares purchased.

[snip]

RESOLVED FURTHER: That the terms and conditions of the Asset Purchase Agreement as set forth therein are hereby approved, subject to such changes and modifications of a non-material nature as the proper officers of Novell may consider appropriate or necessary.

Re: Board Minutes by mikey, 11/10/2004 12:05:09 EST (3.75 / 4)

Re: New SCO v Novell Filings (4.00 / 4) (#3)
by br3n on Wed Nov 10th, 2004 at 13:02:59 EST
(User Info)

ok now the question
do we want to do our own transcribing?
br3n
br3n

Re: New SCO v Novell Filings by ColonelZen, 11/10/2004 13:40:52 EST (4.40 / 5)

Re: New SCO v Novell Filings by pgk, 11/10/2004 14:18:13 EST (none / 2)

Re: New SCO v Novell Filings by nono2sco, 11/10/2004 14:30:44 EST (4.00 / 3)
Re: New SCO v Novell Filings by mikey, 11/10/2004 16:05:50 EST (3.50 / 4)

Re: New SCO v Novell Filings by ColonelZen, 11/10/2004 16:16:42 EST (4.00 / 5)

Re: New SCO v Novell Filings by pgk, 11/10/2004 16:22:20 EST (4.00 / 5)

Re: New SCO v Novell Filings by ColonelZen, 11/10/2004 16:31:28 EST (3.60 / 5)

Re: New SCO v Novell Filings by mikey, 11/10/2004 19:59:05 EST (3.66 / 3)
Re: New SCO v Novell Filings by pgk, 11/10/2004 16:36:03 EST (3.60 / 5)

Re: New SCO v Novell Filings by nono2sco, 11/10/2004 16:37:56 EST (4.25 / 4)

Re: New SCO v Novell Filings by nono2sco, 11/10/2004 16:43:40 EST (4.50 / 4)

Re: New SCO v Novell Filings by ColonelZen, 11/10/2004 16:43:06 EST (4.00 / 5)

Re: New SCO v Novell Filings by pgk, 11/10/2004 16:50:38 EST (4.00 / 4)

Re: New SCO v Novell Filings by ColonelZen, 11/10/2004 17:02:07 EST (3.80 / 5)

Re: New SCO v Novell Filings by pgk, 11/10/2004 17:08:51 EST (3.80 / 5)
Re: New SCO v Novell Filings by nono2sco, 11/10/2004 17:06:44 EST (3.50 / 4)

Re: New SCO v Novell Filings by pgk, 11/10/2004 16:23:32 EST (3.40 / 5)

Re: New SCO v Novell Filings by nono2sco, 11/10/2004 16:20:57 EST (3.75 / 4)

Re: New SCO v Novell Filings (4.00 / 3) (#7)
by nono2sco on Wed Nov 10th, 2004 at 14:52:28 EST
(User Info)

Per my above post, the converted document looks good, it is one of the earlier AZ docs. Does anyone have a place I can email or post it to?
____ "power corrupts, and absolute power corrupts absolutely" -- Lord Acton

Re: New SCO v Novell Filings by heimdal31, 11/10/2004 15:03:53 EST (3.50 / 4)

Re: New SCO v Novell Filings by nono2sco, 11/10/2004 15:08:11 EST (3.50 / 4)

Re: New SCO v Novell Filings Sent by nono2sco, 11/10/2004 15:58:02 EST (4.00 / 4)

And in later news (3.66 / 6) (#26)
by ruidh on Thu Nov 11th, 2004 at 13:26:29 EST
(User Info)

Kimball signed the motion to file an overlength memorandum. The doc is number 58.

New SCO v Novell Filings | 35 comments (35 topical, 0 editorial, 3 hidden)

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