August 25, 2009

SCO Just Won’t Go Away [7:31 am]

Unix ruling overturned (pdf)

A three-judge panel of the 10th US Circuit Court of Appeals ruled that a judge erred in August 2007 by granting the copyright to Novell. The panel ordered a trial to determine ownership.

The opinion: SCO v. Novell - 08-4217 (local copy) - an arcane dive into copyright, contracts and adjudication. The bottom line: summary judgment was not appropriate and there should be a full trial on some of the questions that have been raised:

Because we conclude summary judgment is inappropriate on the question of which party owns the UNIX and UnixWare copyrights, we must likewise reverse the district court’s determination that “Novell is entitled to summary judgment [on SCO's claim] seeking an order directing Novell to specifically perform its alleged obligations under the APA by executing all documents needed to transfer ownership of the UNIX and UnixWare copyrights to SCO.” Dist. Ct. Op. 62. We take no position on which party ultimately owns the UNIX copyrights or which copyrights were “required” for Santa Cruz to exercise its rights under the agreement. Such matters are for the finder of fact on remand.

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