Vague Counsel
It’s not the agreement we signed that counts, it’s this early draft that I just happened to have!
This article discusses the dispute between Novell and the Santa Cruz Operation over the 1995 agreement in which Novell either sold — or did not sell — copyrights to its brand of Unix software to SCO. The lawyer (Tor Braham) who drafted the agreement for Novell (he was a partner at Wilson Sonsini then) now says that SCO didn’t know what it was or wasn’t buying! And he points to early drafts of the agreement to make his point.
The judge hearing the case has already remarked on the ambiguity of a key amendment to the agreement. He says it’s questionable whether SCO bought the rights, or not.
