 cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5
 ·Frontier FiOS
| said by KrK:Did you hear? This case is back from the dead. Looks like the Federal Appeals court Judges ruled Novell did NOT own the code. SCO is back in business and the lawyers are full steam ahead. Both the cases vs Novell and IBM are back on. Return of the Living dead, patent lawsuit style. » news.digitaltrends.com/news-arti···erturned Yes I did hear, but also read more into it as well as read the latest news. Your post is slightly inaccurate.
The judge didn't rule that Novell doesn't own the copyrights, the judge ruled that there enough ambiguity in the APA that the summary judgement entered my Kimball was improper and that a jury trial would be more appropriate. A jury still could find in favor of Novell. That is if it even realyl goes back to a jury. Novell filed an rehearing en banc to go back to a full panel of 9 (or in this case 8) appealate judges, just just a partial panel of 3 judges.
As to being full steam ahead, hardly. Even if it does eventually get remanded back to the lower court and stays there, it's not certain if SCO can or will continue to fight it. The appeals court upheld that Novell was entitled to royalties from the Sun licensing agreement that fueled SCO's war chest early on. SCO now has to pay that to Novell, although that leads into the other issue, SCO's Chapter 11 proceedings.
SCO's management is effectively no longer in control of the company's legal future. A court appointed trustee is now running things and gets to decide if continuing the lawsuits is in the creditors best interest, if assets should be sold off, or what exactly the future holds for SCO.
The Novell case must be decided before the IBM case can proceed since Novell's claim of ownership destroys SCO's case against IBM if upheld. |
·