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

Written By
Web Webster
Web Webster
Apr 21, 2010

“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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Web Webster

Web Webster

Web Webster has more than 20 years of writing and editorial experience in the tech sector. He’s written and edited news, demand generation, user-focused, and thought leadership content for business software solutions, consumer tech, and Linux Today, he edits and writes for a portfolio of tech industry news and analysis websites including webopedia.com, and DatabaseJournal.com.

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