SCO v. Novell revisited

[gaf-mNDKBlG2WHs at public.gmane.org (Jerry Feldman)]

SCO v. Novell appellate decision: $$ from Sun deal affirmed as Novell's;
rest remanded for jury trial - updated
http://www.groklaw.net/article.php?story=3D20090824142203182

Basically, SCO owes Novell the money, BUT the ownership of the Unix IP
is going back to court in Utah.
---
For the foregoing reasons, we AFFIRM the district court=92s judgment with=

regards to the royalties due Novell under the 2003 Sun-SCO Agreement,
but REVERSE the district court=92s entry of summary judgment on (1) the
ownership of the UNIX and UnixWare copyrights; (2) SCO=92s claim seeking
specific performance; (3) the scope of Novell=92s rights under Section
4.16 of the APA; (4) the application of the covenant of good faith and
fair dealing to Novell=92s rights under Section 4.16 of the APA. On these=

issues, we REMAND for trial.
---

Since SCO is now under the control of the Chapter 11 administrator, not
the old SCO management. Personally, I think this is not entirely good
news. The good news is that it will probably drive SCO into Chapter 7. I
think the reason the Bankruptcy judge did not place SCO into chapter 7
is that the appellate had not yet rules on the Sun deal. But, the
ownership of the Unix IP is still up in the air until it is adjudicated.
Certainly, SCO could find a credible buyer who wants to pursue this
case. But, in any event the Darl McBride comedy is certainly over. The
trustee's job is to look out for the creditors not to keep the firm going=
=2E


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Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org>
Boston Linux and Unix
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