Novell Inc."s attempt to dismiss The SCO Group Inc."s claims that Novell maliciously and falsely claimed Unix"s copyrights has been denied, so the case will now move into the discovery phase—in which all the documentation will be examined to see who"s right and who"s not in the case.
U.S. District Judge Dale Kimball ruled in Monday"s Memorandum Decision and Order—the decision on Novell"s motion—that the court couldn"t dismiss the case on matters of law because matters of fact in the case have yet to be determined. "Even though Novell argues that it has evidence to support its alleged good faith basis for claiming ownership of the Unix copyrights, the proper place to introduce that evidence and argue its significance is not on a motion to dismiss," wrote Kimball.