The Novell-SCO 1995 Asset Purchase Agreement

Monday, November 03 2003 @ 08:58 AM EST

Contributed by: PJ

Here is the Novell-SCO Asset Purchase Agreement, as PDF. We are working on a text version. Keep in mind that SCO claimed back in early June that a paralegal had found an amendment to this agreement:

"The company said it has uncovered a 1996 amendment to the contract under which Novell sold many of its Unix assets--which appears to give SCO claim to at least some Unix copyrights.

"The amendment seems to reverse a provision in the original 1995 asset transfer agreement under which Novell sold much of the Unix business to SCO's predecessor, the Santa Cruz Operation. That sale specifically excluded copyrights from the transfer. The amendment modifies this exclusion, so that SCO seems to receive at least some Unix copyrights."

I have been waiting for that document to show up in the discovery process or as an exhibit, but unless I've missed it, so far I haven't seen hide nor hair of it, which seems odd. Time will tell. I mention it, because this document, while a bit unclear, tips away from SCO, but if there really is an authentic amendment, it could change the picture.