Just before Christmas last year, Novell announced publicly that SCO had known for some time that it did not receive all rights and ownership to UNIX technologies, despite public statements to the contrary. Novell has made public correspondence between lawyers representing both Novell and SCO.
[...] In two letters sent to Darl McBride, president and CEO of SCO, dated June 26 and August 4, 2003, Joseph A. LaSala, Novell’s general counsel specifically refutes recent claims by SCO regarding transfer and ownership of “all rights to the UNIX and UnixWare technology” as announced in the June 6 press release.
[...] [SCO] has not refuted anything that LaSala has said but simply offered a blind interpretation that Novell must be wrong, presumably because Novell’s view is not the same as SCO’s. It seems to me that what SCO has is basically a Sale and Marketing agreement; they can sell it and profit from those sales. But they don’t own it. Unfortunately, that’s not what they thought they had.
GrokLaw commentary: SCO’s Missing Risk Factor