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10th Circuit Court of Appeals ruling on SCO


August 24, 2009 2:59 pm





Novell is carefully studying the decision of the 10th Circuit Court of Appeals. We are pleased that the decision affirmed the district court’s monetary award of approximately $3M from SCO to Novell. On other issues such as ownership of the UNIX copyrights, on which SCO’s claims against Novell, IBM, and Linux users depend, the Court remanded the case for trial. Precisely what will happen next in the lawsuit remains to be seen, especially in light of the pending SCO bankruptcy and the recent court decision to appoint a Chapter 11 Trustee to take over the business affairs of the company.

Novell intends to vigorously defend the case and the interests of its Linux customers and the greater open source community. We remain confident in the ultimate outcome of the dispute.

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    Please Novell, kick SCO’s ass.

    You cannot lose this battle!

  2. By:loft306

    SCO still lives in a pipedream…hopefully just the last deathnell

  3. It seems likely to me that this will result in a settlement between SCO and Novell. If SCO were still a viable company, then they’d want to take the long shot of taking this to jury, but they’re not and the Chapter 11 trustee likely will want to see the debts traded in for the only currency SCO has left: the off chance that a jury would find that they own some remaining rights in Unix. For Novell’s part, I can’t imagine that settling this wouldn’t be worth it. They get out of court with, presumably, a deal that cements their position as the steward of Unix intellectual property and loose only a paper debt from SCO that would likely have been rendered moot by the bankruptcy proceedings.

  4. I’m sure that Novell will win.


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