And we thought they were dead :-)

[David Hardy]

This is doubly sad and disturbing because from what I've seen in the past
few years is that Novell has made huge strides in expanding their open
source solutions and offerings, most often in conjunction with the OpenSuse
projects.  And SCO keeps rising from the dead;  maybe all those volcano and
atomic bomb analogies were not so far off earlier on this list.



On Thu, Jul 8, 2010 at 8:57 AM, Jerry Feldman <gaf at blu.org> wrote:

> 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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