In an action for slander of title regarding statements made by defendant about its alleged ownership of certain software copyrights, summary judgment for defendant is reversed where: 1) the parties’ agreement satisfied the Copyright Act’s writing requirement; and 2) the admissible evidence concerning the ambiguous contract language regarding copyright ownership was not so one-sided as to warrant summary judgment.

Read SCO Group, Inc. v. Novell, Inc., No. 08-4217

Appellate Information

Filed August 24, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellant:

Stuart Singer, Boies, Schiller & Flexner LLP, Fort Lauderdale, FL

Devan V. Padmanabhan, Dorsey & Whitney LLP, Minneapolis, MN

For Appellee:

Michael Jacobs, Morrison & Foerster LLP, San Francisco, CA

George C. Harris, Morrison & Foerster LLP, San Francisco, CA

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