Hey, remember how SCO, in its Answer to Novell's Counterclaims, denied that Sun's and Microsoft's agreements with SCO were SCOsource licenses?
50. Admits that SCO, through its SCOsource division, entered into agreements related to UNIX and Unixware with Sun Microsystems, Inc., and Microsoft Corporation (in that order) and that the Microsoft agreement covered UNIX compatibility products; but denies each and every other allegation of ¶50, including the allegation that the Sun and Microsoft agreements were part of the SCOsource licensing program.
Well, Onecle has put up, as part of its sample forms section, the February 13, 2003 SCO-Morgan Keegan letter of engagement that we already had obtained as an exhibit attached to a SCO SEC filing. But seeing it fresh on Onecle, I noticed something. Look at this, how Morgan Keegan refers to the then-potential Sun and Microsoft agreements in that letter:
2. SCO and Morgan Keegan agree that, in the event Sun Microsystems and/or Microsoft enters into a substantial SCOsource licensing arrangement with SCO during the term of the engagement, that such an event would fall under provision 1(b) of our Engagement Letter. As such, the aggregate amounts paid under the license agreements would be subject to the Contingent Placement Fee, calculated as six (6) percent for a license with Sun and one (1) percent for a license with Microsoft.
So, there you go, a little more of SCO's revisionist history just went poof.