SCO loses, Novell wins finally

Jerry Feldman gaf-mNDKBlG2WHs at public.gmane.org
Thu Jun 10 17:10:46 EDT 2010


Judge Stewart finally ruled against SCO officially closing the case. I
don't believe that SCO can appeal this one, and I fully expect SCO to
subsequently convert to Chapter 7 in the bankruptcy case unless they
want to push the IBM case.

=46rom Groklaw:
http://www.groklaw.net/article.php?story=3D20100610161411160

Here you go, munchkins. Judge Ted Stewart has ruled for Novell and
against SCO. Novell's claim for declaratory judgment is granted; SCO's
claims for specific performance and breach of the implied covenant of
good fair and fair dealings are denied. Also SCO's motion for judgment
as a matter of law or for a new trial: denied. SCO is entitled to waive,
at its sole discretion, claims against IBM, Sequent and other SVRX
licensees.

CASE CLOSED! Maybe I should say case_s_ closed. The door has slammed
shut on the SCO litigation machine. "The Clerk of the Court is directed
to close this case forthwith," Stewart writes in the final judgment. I
believe that means /SCO v. IBM/ is essentially over now, unless IBM
wishes to pursue its counterclaims.

-----------------------------------------------

The big issue for Linux here is that Novell now officially owns the Unix
copyrights, and there is absolutely no legal cloud over them unless SCO
attorneys figure out another angle around the judgement. While there are
some other issues in the SCO vs. Novell case, the biggest one for Linux
users and vendors is who owns the Unix copyrights.


--=20
Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org>
Boston Linux and Unix
PGP key id: 537C5846
PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB  CA3B 4607 4319 537C 5846







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