And we thought they were dead :-)

[Jerry Feldman]

Unbelievable, SCO files another appeal.
From Groklaw:
http://www.groklaw.net/article.php?story=20100707202429776
--------------------
07/07/2010 - 881 <http://www.groklaw.net/pdf2/Novell-881.pdf> - NOTICE
OF APPEAL as to 876 Findings of Fact & Conclusions of Law, 878 Judgment,
877 Order on Motion for Judgment as a Matter of Law, Order on Motion for
New Trial, Memorandum Decision filed by SCO Group. Appeals to the USCA
for the 10th Circuit. Filing fee $ 455, receipt number 1088-1150192.
(Hatch, Brent) (Entered: 07/07/2010)
...
Plaintiff, The SCO Group, Inc., hereby appeals to the United States
Court of Appeals for the Tenth Circuit from the Jury Verdict entered in
this action on March 30, 2010, the district court’s evidentiary rulings
at trial, Findings of Fact and Conclusions of Law dated June 10, 2010,
Memorandum Decision and Order Denying SCO’s Renewed Motion for Judgment
as a Matter of Law or, in the alternative, for a New Trial dated June
10, 2010, and the Final Judgment entered on June 10, 2010.
-----------------------

Essentially, they had a number of summary judgements against them in the
first go-around plus a trial which they appealed, and the 10th Circuit
gave them another trial with another judge. They lost the second trial
with the jury awarding Novell the Unix IP, they appealed to the judge to
vacate the jury award which was denied, and now they are appealing again.

In terms of Linux, the issue is certainly who owns the Unix IP. In both
the first go-around where Judge Kimball awarded the Unix IP to Novell,
and the second go-around it does appear that the Unix IP is somewhat
safe in the hands of Novell, but some strange things can happen. There
is a scheduled bankruptcy hearing scheduled for next Monday where the
bankruptcy judge should finally hear the results of the trial as well as
this intent to appeal.

-- 
Jerry Feldman <gaf at blu.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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