SCO v. Novell appellate decision: $$ from Sun deal affirmed as Novell's; rest remanded for jury trial (Groklaw)
Groklaw has a report on SCO's appeal of the summary judgment for Novell. It was a partial victory for SCO, remanding the issue of the UNIX copyright ownership back to the court in Utah to be decided by a jury. "
The issue was whether it is appropriate to decide matters on summary judgment, and this court thought the APA was complex enough and ambiguous enough that a jury trial is more appropriate. Here's the heart of it all: 'But so long as sufficient evidence could lead a rational trier of fact to resolve the dispute in favor of either party, granting either party's dueling motions for summary judgment would be inappropriate.'" It would seem that the bankruptcy trustee for SCO, who has not yet been appointed, will get to decide where things go from here, but we haven't heard the last of this case.