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What's Left? - A Chart of the Summary Judgment Rulings in SCO v Novell
Sunday, August 12 2007 @ 12:36 PM EDT

The court's rulings on the numerous summary judgment motions in SCO v. Novell are in a document that is long and complex, and I'm still reading and analyzing it myself. We've grasped the big picture, that SCO is toast, but what's left to go to trial? There will be a trial starting on September 17, but it appears it will mostly (but not all) be about what SCO owes Novell. Novell's slander of title counterclaim goes to trial, for example, but SCO's does not.

To help us get beyond just the overview, Feldegast has done a chart showing what the decision was on each summary judgment motion and what claim or counterclaim it connects to. I've put urls to the documents in his chart so we can connect the dots. And below the chart, I've made a list of what each claim or counterclaim is about. The chart is in the order that Judge Dale Kimball listed them in his conclusion.

All of the summary judgment motions relate to claims or counterclaims by the parties, so to understand fully, you need to match them up. SCO's Amended Complaint is here. Novell's Counterclaims are here and here are the Amended Counterclaims [PDF] which added two more. You might also find this earlier chart helpful too, a chart of Novell's counterclaims and SCO's replies. If you scroll down to First Claim for Relief, that's the beginning of the Novell counterclaims.

Motion Docket Number Claim or Counterclaim Affected Moving Party Decision
SCO Novell
Novell's Motion for Partial Summary Judgment or Preliminary Injunction 147; text
6, 7
Novell GRANTED IN PART AND DENIED IN PART
SCO's Cross-Motion for Summary Judgment or Partial Summary Judgment on Novell's Third, Sixth, Seventh, Eighth and Ninth Counterclaims 180
3,6,7,8,9 SCO GRANTED IN PART AND DENIED IN PART
Novell's Motion for Partial Summary Judgment on its Fourth Claim 171; text
4 Novell GRANTED
SCO's Cross-Motion for Partial Summary Judgment on Novell's Fourth Claim 224
4 SCO DENIED
SCO's Motion for Partial Summary Judgment on its First, Second, and Fifth Claims and Novell's First Claim 258; text 1,2,5 1 SCO DENIED
Novell's Motion for Partial Summary Judgment on Copyright Ownership of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition 271 2,5
Novell GRANTED
Novell's Motion for Partial Summary Judgment on SCO's Non-Compete Claims in its Second and Fifth Claims 273 2,5
Novell GRANTED IN PART AND DENIED IN PART
Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance 275 1, 3
Novell GRANTED
Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title for Failure to Establish Special Damages 277 1
Novell MOOT


SCO's Claims:

  • First: Slander of Title
  • Second: Breach of the APA and TLA
  • Third: Alternative Breach of Contract Claim Seeking Specific Performance
  • Fourth: Copyright Infringement
  • Fifth: Unfair Competition

Novell's Counterclaims:

  • First: Slander of Title
  • Second: Breach of Contract (seeking specific performance of audit)
  • Third: Breach of Contract (royalties)
  • Fourth: Declaratory Relief (compelling SCO to recognize Novell's right to prior approval of new licenses and buyouts, such as Microsoft and Sun, and to order SCO to waive breaches/cancel terminations of IBM/Sequent agreements; or in the alternative for declaration that SCO had no right to enter into the Sun and Microsoft SVRX agreements or the SCOsource Linux end user licenses)
  • Fifth: Declaratory Relief (breach of covenant of good faith and fair dealing re SVRX License Program; seeking declaration of Novell's rights to audit, pre-approve, waive)
  • Sixth: Constructive Trust/Restitution/Unjust Enrichment (seeking restitution of monies due; constructive trust of monies SCO already had in hand)
  • Seventh: Breach of Fiduciary Duty (re special damages, seeks constructive trust of monies that SCO "unjustly received by failing to perform its administrative auditing and remittance obligations")
  • Eighth: Conversion (seeking a constructive trust on the SVRX royalties)
  • Ninth: Accounting


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