Novell Moves to Dismiss With Prejudice

Tuesday, August 10 2004 @ 03:37 PM EDT

Contributed by: PJ

Here is Novell's Motion to Dismiss, the Memorandum in Support of the Motion to Dismiss, the Declaration of Bruce Lowry and the Declaration of David E. Melaugh, plus their Motion for Leave to File an Overlength Memorandum and the Order granting them leave. Lots to read, but the first two may take a few more minutes to show up on the server.

I suggest you start with the declarations and then the ExParte Motion to File an Overlength Memorandum, and then the Motion to Dismiss and then the Memorandum. And I wrote that before I knew that the Motion and Memorandum would turn out to be the last to show up.

What I see is that they are telling the judge several things:

The Motion to Dismiss is short and sweet: SCO's complaint, they say, should be denied for failure to state a claim upon which relief may be granted. That's legalese for: "This case is ridiculous." SCO claims Novell slandered them, but they can't prevail because: