The last nail is in the coffin.
Judge Kimball determined that SCO was subject to a contract with Novell, which it violated by lifting SVRX confidentiality provisions in a licensing agreement with Sun. This move exceeded the authority granted to SCO under the terms of a 1994 asset purchase agreement that enabled SCO to sell limited SVRX licenses to third parties on behalf of Novell. Judge Kimball also determined that SCO breached its fiduciary duty by neglecting to remit the requisite portion of the licensing revenue to Novell.
Comment