Legal Issues

by Mike Masnick

Filed Under:
copyright, linux, unix

novell, sco

SCO... Not Dead Yet... Appeals Court Reverses Novell Ruling; Trial Likely

from the not-dead-yet dept

And you thought the insane nightmare was over. Two years ago it seemed like the long national nightmare that was SCO's claims of copyright infringement in Linux were over. A judge ruled that SCO did not actually own the copyrights it claimed it did, and that they still belonged to Novell. While SCO received a slap on the wrist ($2.5 million) for this, it basically wiped out the key part of SCO's lawsuit against IBM, and led SCO to file for bankruptcy. Some investors supposedly pumped some money into SCO to keep it breathing, but later details on that made the whole deal seem very, very sketchy. However, now SCO might have a very slight chance to turn things around.

A judge has overturned part of the lower court's original ruling on who owns the copyrights to Unix, and ordered a full jury trial take place to determine who actually owns the copyright. Oddly, the court did not overturn the part where SCO has to pay Novell $2.5 million -- which could push the company over the final edge. If, however, SCO can stay alive, and it does go to trial, the company could (and likely will) still lose that trial (and, we're still twiddling our thumbs and waiting for any evidence from SCO that IBM actually infringed on the UNIX copyrights... but that's another story and another lawsuit). SCO's Darl McBride (how he's still running the show is beyond me) is claiming this is a validation for SCO, but that's not even close to true. All the court is saying is that there wasn't enough for the summary judgment on the copyright ownership, and the issue should be taken up in a full jury trial. That's not a "validation" of SCO's position -- it's a small, and likely temporary, lifeline.

Reader Comments (rss)

(Flattened / Threaded)

  1. identicon
    Cynix, Aug 25th, 2009 @ 4:16am

    The Undead

    This is unbelievable. The undead keeps rising again and again.

    What other company can keep going for years without providing a shred of evidence? I remember the deadline passed years ago and nothing happened. WTF? Their lawsuit should have been thrown out years ago.

    I think they can only keep going like this, because Microsoft is behind them, funding them one way or another.

    reply to this | link to this | view in thread ]

  2. identicon
    ..., Aug 25th, 2009 @ 5:03am


    Sometimes kill -9 does not work.

    They still want $699 ?

    reply to this | link to this | view in thread ]

  3. identicon
    NullOp, Aug 25th, 2009 @ 5:07am


    Yet another zombie company. As I recall this company had no good press associated with it. And their business model seemed to have degenerated to the lets see who we can sue model. Let 'em die...

    reply to this | link to this | view in thread ]

  4. icon
    Elaine Normandy (profile), Aug 25th, 2009 @ 5:30am

    SCO is awaiting the appointment of a Chapter 11 trustee, so in theory, McBride and the rest of the management team will no longer being calling the shots.

    reply to this | link to this | view in thread ]

  5. identicon
    Anonymous Coward, Aug 25th, 2009 @ 6:11am

    Plus... SCO's products are simply .. bad. Ever tried troubleshooting that crap? Way to go for non-standards.

    reply to this | link to this | view in thread ]

  6. icon
    minijedimaster (profile), Aug 25th, 2009 @ 7:48am

    Welcome to the zombie apocalypse of the 21st century.

    reply to this | link to this | view in thread ]

  7. identicon
    lordmorgul, Aug 25th, 2009 @ 12:37pm

    Re: Dang

    Oh what a lesson could be learned from this if the RIAA would just pay attention.

    reply to this | link to this | view in thread ]

  8. identicon
    Jason, Aug 25th, 2009 @ 1:59pm

    Re: Zombies

    reply to this | link to this | view in thread ]

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