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Decision in the SCO Group vs. Novell Jury trial

Decision in the SCO Group vs. Novell Jury trial

Posted Mar 30, 2010 23:20 UTC (Tue) by arjan (subscriber, #36785)
In reply to: Decision in the SCO Group vs. Novell Jury trial by SEMW
Parent article: Decision in the SCO Group vs. Novell Jury trial

it's not like he has any choice given that there are counter claims on the
table.. he can't walk from that lawsuit without IBM consent even if he wanted
to.


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Decision in the SCO Group vs. Novell Jury trial

Posted Mar 31, 2010 23:30 UTC (Wed) by rahvin (guest, #16953) [Link]

Regardless of what he told the press, it will be interesting if he petitions the bankruptcy court to release the freeze on the IBM trial. My bet is he doesn't as there isn't anything left of the IBM suit except the counter-claims. Give him a few days, his next logical move (which he hasn't demonstrated a lot of logic lately) would be to ask the BK court to take the company to chapter 7, in fact I would suspect that Novell and IBM will both petition for such as SCO doesn't have a business anymore what with the entire company staked on litigation and the rug just yanked out from underneath them.

First we have to see if the Court will grant SCO's petition for specific performance under the contract and give them the copyrights the jury wouldn't. My hope is the Judge see's that they didn't give them to them intentionally and they don't need them, as Darl admitted as such on the stand.

Then of course Novell was noticed by the SCOTUS that their petition (on the appeal to overturn the appeal court ruling that sent them to the jury trial) was probably going to be reviewed by the Supreme. With a ruling that was contrary to all case law on copyright they have a good chance to have the court overturn the appeal and send us back to the base ruling Kimball provided years ago.


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