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Appeals Court Overturns 2007 Unix Copyright Decision
snydeq writes "A federal appeals court has overturned a 2007 decision that Novell owns the Unix code, clearing the way for SCO to pursue a $1 billion copyright infringement case against IBM. In a 54-page decision (PDF), the 10th Circuit Court of Appeals said it was reversing the 2007 summary judgment decision by Judge Dale Kimball of the US District Court for the District of Utah, which found that Novell was the owner of Unix and UnixWare copyrights. SCO CEO Darl McBride called the decision a 'huge validation for SCO.'" The case over who owns Unix will now go to trial in Utah.
It's no big deal. Really. The appeals court did say that New SCO owes Novell a bunch of $$. ($ they already spent.) The rest goes to trial. And this ruling has nothing to do with the IBM case. IBM has maintained all along that there was NO infringing code. SCO will likely be gone long before this ever gets settled.
Novell Response
Novell points out that the Judge affirmed the payment ($3million) SCO was ordered to make to Novell, so there's hope yet.
There is nothing interesting going on at my blog
Appeals court only determined that the contract is a mess, and cannot be interpreted on its own. The court agreed that SCO owes Novell a large portion of the
money it received from SUN , and that a full trial is required to figure out the rest. Again this is just more delay for SCO, but SCO will soon be in Trustee-ship under chapter 11 bankruptcy, which means that it is HIGHLY likely that these cases will be closed by SCO itself, and settled in favorable terms to Novell & IBM.
Darl will not be in control of SCO once the trustee is assigned, and then we'll really get to find out who's been behind this mess.
Note that:
1- Novell board voted not to approve sale of any UNIX copyrights before this APA deal ever was signed.
2 - Santa Cruz Operation (original SCO) never took Novell to court at all (maybe they knew that the APA and Amendment were both clear to them and that they didn't get copyrights)?
3- The original SCO (Santa Cruz Operations) never did not do a final transfer of copyright paper work from NOVELL. That paperwork never happened, and Santa Cruz Operations never changed the UNIX code to show they had registration rights to the code). So they KNEW something.
4- Santa Cruz Operations SEC filings never said they owned UNIX ever. DARL when Caldera/newSCO/The SCO group did say this in their SEC filings (why the change of tune, when the one who did the deal never declared this in SEC filings at all)?
5- DARL and newSCO (TheSCO Group who became TheSCO Group by changing their name from Caldera), asked Novell for the copyrights BEFORE trying to sue LINUX users and IBM, etc.
6 - Santa Cruz Operations after the deal only collected 5% income from sales so why did they need the deal when Santa Cruz Operations already had RIGHTS to develop a "branch of Unix", why pay more money to do the same thing? Hmm, maybe to use the LIST of licensees that they go to market something else to the list (like Tarantella)?
7 - So ask yourself why the US court system has to go thru an expensive trial on this at all?
Actual facts:
1/ The ruling leaves SCO owing Novell $2.5 Million + Interest.
2/ The rest of the case (including copyright ownership) goes to a jury trial.
3/ If SCO somehow wins they get no money.
4/ SCO then gets to go ahead with the IBM lawsuit which they were losing badly.
5/ The SCO management has been ordered (by the bankruptcy judge) to be replaced by a trustee. A trustee who may or may not continue the lawsuits. He/she may choose to try and negotiate a way out to stop the bleeding.
6/ After the SCO vs Novell trial if the trustee pursues it there is still the IBM trial.
So the trustee has a problem. The company money is owed to Novell and they don't have the cash to continue until the case goes to trial (which will be delayed due to the new judge needing time to come up to speed).
Only then can they go on with the IBM trial. To make money off the IBM trial they need to have won on the key issues in the Novell trial (copyright and right to waive), they also need to beat the IBM lawyers (who are not nicknamed the Nazgul for nothing).
Even if somehow the trustee can be persuaded to fight these cases and manages to win what are the odds that neither Novell or IBM would appeal? What are the chances that SCO can survive long enough to fight through the appeals if it comes to that?
At most this is a lesser defeat for SCO. So long as they owe Novell the money and still have to fight the trial they are still doomed. The chances that the trustee would be willing to keep the company bleeding to fight dubious lawsuits is pretty low.
It's a clear case of the "badsummary". Just check Groklaw.
As I have understood it, it was only summary judgment which was overturned. IOW, there would be a trial.
All hope abandon ye who enter here.
I don't know if it's the mostly American readership (a nation known for preferring violence over sex), but almost nobody here seems to understand that quote. It doesn't mean "only the incompetent use violence as the last resort", or "wars are wrong and everybody should love each other". It is not a pacifist maxim; It's more a reflection on the means of conflict. It means "if you use violence, it will be the last thing you do, and will prove your incompetence to handle the situation". The Foundation books made it clear that Asimov's definition of violence did not include things like armed deterrence, espionage, psychological manipulation, or even assassination if it meant avoiding a large scale conflict. It meant direct physical violence that results in death of people or destruction of property. In that light, violence is a proof of incompetence, because a competent leader would be able to take over the people and property to use them to his own ends, rather than destroying them.
Those who would give up liberty to obtain working drivers, deserve neither liberty nor working drivers.