Linked by Thom Holwerda on Tue 25th Nov 2008 01:50 UTC, submitted by judgen
Legal "Federal district judge Dale A. Kimball has handed down the final judgment in the SCO case. The decision dismisses SCO's latest claims, grants declaratory relief to Novell, and sustains the court's previous judgment that SCO owes Novell over $2.54 million (plus interest) for unjust enrichment."
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RE: I Hardly Believe....
by lemur2 on Tue 25th Nov 2008 03:59 UTC in reply to "I Hardly Believe...."
lemur2
Member since:
2007-02-17

I believe they'll attempt to appeal it to death or file bankruptcy for protection status.


SCOG are already in bankruptcy. The judgement against them just in the Novell case is more money than they have.

How are they going to fund an appeal? They haven't even got through the original set of cases yet.

Novel has a document from UnitedLinux timeframe where SCO pledged all of its IP in Unix to UnitedLinux.

http://en.wikipedia.org/wiki/SCO_v._Novell
"On April 10, 2006, SuSE (part of Novell) filed a Request for Arbitration with the Secretariat of the ICC International Court of Arbitration in Paris, France. Years earlier SCO (then named Caldera) had signed contracts with SuSE (now owned by Novell) involving UnitedLinux. In this contract the UnitedLinux members agreed that each member would have broad licenses to exploit and distribute Linux products that include UnitedLinux technology, and they agreed to arbitration of disagreements. "

So there is this arbitration to go through still.

Then there is the case against IBM, and more to the point the surviving counterclaims against SCOG in that case ... including the counterclaim that SCOG distributed SCO Linux after having repudiated the GPL ... and so SCOG distributed IBM's copyright code in Linux without a license to do so ... and they tried to charge people $699 for a binary-only copy of Linux.

Then there is the Lanham Act case where RedHat sued SCOG for making unsubstantiated claims against Linux, and thereby maliciously interfered with RedHat's Linux business.

There is a minor case against Autozone as well.

SCOG has not a leg to stand on in any of these cases, and they involve SIGNIFICANT claims against SCOG. Most of the counterclaims against SCOG are as near to slam dunk cases as it is possible to get.

AFAIK all of these have to settle before there can be any appeals. SCOG after all brought these cases (except for the RedHat case, in which RedHat sued SCOG).

There is not a hope of SCOG surviving any of this, given that SCOG to this day have produced not one single shred of evidence, not one line of source code, where SCOG can point to any infringement in Linux of SCOG's IP.

SCOG is more toast than a Mercury-like planet milliseconds after a supernova explosion in the core of the nearby sun. It is not reduced to component sub-atomic particles just yet, but it is merely a matter of time.

Edited 2008-11-25 04:08 UTC

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