Technically Legal

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DeFUD: SCO Case Not Quite Over

SCO recently lost the case it brought against Novell when a jury ruled against SCO. SCO filed some post-vedict motions seeking to overturn the jury verdict, which were denied.

It has been widely reported that the case is finally over.

It isn’t over. After summary judgment was granted for Novell (throwing SCOs claims out), SCO appealed. The appeals court said that SCO should get to present its claims to a jury. SCO did just that and lost. But, by filing the post-verdict motions, SCO has set itself up to appeal the judge’s denials of those motions. SCO has only a small chance of success on appeal, but they are likely going to argue that no reasonable jury could have found in favor of Novell, and that various rulings made by the judge at trial created error that should either reverse the verdict, or get SCO a new trial.

We’ll continue to reluctantly report on this until we’re sure it’s finally dead, an ex-lawsuit, pushing up the daisies.

Comments Off Posted in: Commentary on June 11, 2010

SCO v. Novell, Finally Over?

The jury in the SCO v. Novell suit returned a verdict in favor of Novell, saying that SCO does not own relevant copyrights in Linux and Unix. This could hail an end to a case that had dragged on for seven years. We should expect some kind of appeal, but we won’t know on what grounds for some time yet.

Comments Off Posted in: Links on March 30, 2010

Appeals Court Reinstates SCO Suit

In 2007, a Federal Judge found that there were no triable issues of fact regarding SCOs ownership of Unix copyrights. The Judge found that Novell, not SCO, owned the copyright to Unix. He also put the case on hold until SCO emerged from bankruptcy, for which it filed in September of 2007. SCO has still not completed the bankruptcy proceedings.

Yesterday, a Federal Appeals Court ruled that a jury would have to determine ownership of the copyright. So, while this case will be sent back to the lower court, the case won’t proceed until SCO emerges from bankruptcy.

This case is still a very long way from any kind of resolution, and the threat to Linux users, specifically private Linux users remains minimal, if not non-existent.

Comments Off Posted in: Links on August 25, 2009

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