Novell is suing SCO for the alleged non-payment of $26m (£13.5m) in Unix royalty fees it says it is owed by the litigious company.
SCO is currently suing IBM, Novell, Red Hat and other suppliers for their alleged infringement of Linux patents it says it holds on the open-source operating system.
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Novell now claims it is owed cash from SCO for the non-payment of Unix fees related to SCO’s sale of Unix System V license fees to Microsoft and Sun Microsystems.
Novell says it has a 1995 Asset Purchase Agreement with SCO, which dictates that 100% of such fees should be passed onto Novell.
The Novell lawsuit wants a US district court to at least order the setting aside of such fees until the dispute is sorted out and a judgement on who owns them is confirmed.
Novell says that SCO is currently losing money and that if the Unix fees are not set aside, it may never recover them.
SCO has been saddled with huge legal fees as a result of its legal action over the ownership of Linux. SCO has also sued DaimlerChrysler, among other users, for alleged copyright infringement stemming from their use of Linux.
SCO announces it fourth-quarter and final year results this Wednesday.
Read article: Judge throws out most of SCO’s Linux theft claims
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