"Judge Kimball's most recent ruling in SCO v. IBM (the 'IBM case') has important implications for SCO v. Novell (the 'Novell case'), indeed for all of the pending SCO Linux cases except the Daimler-Chrysler case. But the implications for the Novell case are most immediate.
"Judge Kimball said in his IBM case ruling, '[t]o prove copyright infringement, SCO must establish (1) that SCO owns valid copyrights in the UNIX software, and (2) that IBM has copied protectable elements of the allegedly copyrighted UNIX software.' Ruling, footnote 3. Let that sink in for a moment. SCO has to prove that in the IBM case. The judge was not talking about the Novell case. He was talking about the IBM case. That is important..."
