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To read comments to this article, go here
Tarent vs SCO-Germany Preliminary Injunction -- as text
Saturday, March 19 2005 @ 10:28 PM EST

Some readers have noticed that some of the early legal documents never made it into text, and three of them on their own initiative have begun sending me text versions, to make our collection complete. So, don't mind me while I add them to the archives for the permanent collection.

Our first is the Tarent vs. SCO-Germany preliminary injunction decision, which we had only in PDF, and our thanks go to Feldegast for doing the text for us.

********************************

Einstweilige Verfügung tarent-sco
Englische Übersetzung


Landgericht München 1

Lenbachplatz 7

80316 Munich

Az.: 17 HK O 10332/03

Preliminary Injunction
In the legal action
Tarent GmbH, represented by its managing director Mr. Elmar Geese, Bahnhofstraße 13,
53123 Bonn

- Petitioner –

Counsel for Petitioner (authorized proxy): Rechtsanwälte Jaschinski Biere Brexl,
Steinsdorfstraße 5, 80538 Munich

v.

The SCO Group GmbH, represented by its managing director Mr. Hans Bayer, Norsk-Data-
Straße 3, 61352 Bad Homburg


©2003 tarent GmbH Bahnhofstrasse 13, 53123 Bonn www.tarent.de


- Respondent –

Counsel for Respondent (authorized proxy): Rechtsanwälte v. Boetticher – Hasse –
Lohmann, Widenmayerstraße 4, 80538 Munich

regarding cessation

the Landgericht München I, 17th chamber for commercial disputes, decreed on June 4, 2003
the following

1.Preliminary Injunction

I. Respondent is, in order to avoid

    • an administrative fine from EUR 5 up to EUR 250.000,- and, in the case that this cannot be collected, administrative detention or
    • administrative detention of up to six months to be enforced in the person of the managing director
      in each case of contravention prohibited in business relations from claiming and distributing the assertions

prohibited

in business relations from claiming and distributing the assertions


    1. that the software „Linux“ contains SCO’s intellectual property that has been unlawfully obtained,
    2. that end users who apply Linux are liable for intellectual property infringements towards SCO,

and/or

  1. that LINUX is an unauthorized derivative of UNIX,

II. Respondent hast to bear the costs of litigation.

III. Respondent hast to bear the costs of litigation.

Grounds:


The preliminary injunction is based upon UWG Sect. 14. Respondents writ for protection
dated May 30, 2003 (O OH 10193/03) has been taken into consideration. It does not furnish
prima facie evidence for the truth of the assertion.

Waitzinger

Presiding Judge at the Landgericht



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