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From Groklaw http://www.groklaw.net/article.php?story=3D20081125183259772 Tuesday, November 25 2008 @ 06:57 PM EST SCO has filed a notice of appeal in the SCO v. Novell litigation, as=20 they said they would: --- In this case, the issue of who owns the Unix IP was decided officially=20 by Federal Judge Dale Kimball on November 20th, 2008 (based on his=20 ruling August 2007). This has an impact on Linux since SCO (in SCO vs.=20 IBM) claims that the Linux system is polluted, and that SCO owns the=20 rights. Judge Kimball ruled that SCO never owned the copyrights or=20 patents on Unix when its predecessor, Santa Cruz, bought the rights to=20 license Unix. The bottom line for Linux is, if Novell retains its claim=20 to Unix, Linux is free and clear since Novell has already waived its=20 rights in the IBM case, thus shooting down SCO's claims. However, if the = appeals court decides to reverse Kimball, then either they could give=20 SCO the rights (worst case) or push it back down to a lower court and=20 the whole thing starts again. Most of the Linux community is would be=20 covered by various protections by HP, IBM, Red Hat, et. al. The problem here is that whenever something goes into a courtroom, there = is a certain amount of uncertainty. My question is where can SCO come up = with the funds to followup on the appeal since they are already in=20 Chapter 11, and their SCO vs. IBM is under stay, as is the SCO vs. SuSE=20 arbitration. --=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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