On September 15, 2003, SCO filed a motion to dismiss, claiming there is no actual controversy between SCO and Red Hat and that Red Hat could not establish a reasonable apprehension that SCO will sue it for copyright infringement or misappropriation. In fact they claimed that the statements made by SCO representatives in the press that lead Red Hat to believe so were either misquoted or taken out of context. On the question of false advertising, SCO defended themselves by claiming that its statements were fully protected by the first amendment.