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What the Judge Still Has to Decide in SCO v. Novell - Updated

Apr 20, 2010, 23:17 (0 Talkback[s])
(Other stories by Pamela Jones)

"We know that the jury in SCO v. Novell decided that SCO didn't get the copyrights in 1995 under the APA or by Amendment 2 or any fusion thereof. That killed SCO's slander of title claim as well. But that isn't the end. There were some issues the parties agreed before the trial which would be decided by Judge Ted Stewart. That has yet to happen.

"The most important remaining issue is SCO's claim for specific performance. SCO's alternative claim, should it fail to win on the copyright issue, was that even if it were decided that it doesn't get the copyrights to date, under the APA Novell is obligated to turn them over now. I've seen some comments wondering if there will be another trial of these issues left for the judge to decide. The answer is no, I don't think so. It was all tried together. The jury rendered its verdict, and next comes the judge's. I don't know of any time frame.

"Remember on the first day of trial there was a question about trying it all at once, whether it would be confusing to the jury? The judge, our eyewitness reported, ruled like this:"

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