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SCO v. Novell is Final -- For Now

Nov 24, 2008, 18:03 (3 Talkback[s])
(Other stories by Justin Ryan)

"What's even more interesting, however, is the language used in the dismissal. In Novell's case, the court orders that the claims are voluntarily dismissed with the right to resurrect them if there is any further activity in the case. SCO's claims, however, are dismissed with prejudice, legalese - roughly equivalent to Monty Python's Dead Parrot sketch - meaning they're prevented from bringing the matter back up. Indeed, the judge even went so far as to spell it out for them: "are voluntarily dismissed with prejudice, without the possibility of renewal following appeal."

"What does it all mean? If SCO appeals, they may get the whole thing sent back to Utah for another trial. If so, they can re-try whatever the Appeals Court says should be retried, but they won't be able to tack on the claims they agreed to dismiss this go-round. However, if Novell finds itself back in the courtroom - and it's important to note, only if it's part of this specific case - they can bring back all the claims they agreed to dismiss, something for SCO to think about when they're deciding where to go."

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