@Mike Dimmick
> The terms of the original contract were pretty clear. Novell intended to
> sell, and SCO intended to buy, the copyrights.
Yes, that's true. Sadly, Santa Cruz (the SCO that existed at the time) couldn't afford to buy what they wanted, so the deal was changed. SCO got the business at a much reduced price, but they didn't get everything they'd initially wanted - Novel retained the copyrights and the right to the royalty stream. They paid 5% of that stream to SCO as a fee for running the sales side of the business.
Santa Cruz told Caldera all about this when they sold the business on.
> The contract simply makes no sense without transferring the copyrights.
No, that's completely wrong. The contract makes lots of sense, it just doesn't do what SCO want it to do.
> It's just that they were inexplicably omitted from the actual bill of sale portion
> of the contract detailing what was being transferred.
It's completely explicable: Santa Cruz couldn't afford what they wanted, so they couldn't buy it. They bought a small portion of it, because that's all they could afford.
> What SCO is trying to do is to get the courts to read a term into the contract,
> that transfers the copyrights.
Yes. But what several courts have told them is that that clause simply isn't in the contract, and never has been. Santa Cruz didn't buy the copyrights, so they couldn't sell them to Caldera. Caldera has no right to sue over copyrights they do not own.
> They clearly always believed that they did own the copyrights
This isn't true either - they only started asserting ownership once Novell had said they wren't interested in joining the SCOSource scam.
> Courts can infer terms in contracts if it's clear there was a drafting error
they can. And several courts have now determined that there was no drafting error. The contract really does mean what it says - copyrights were excluded from the sale.
Vic.