SCO v. Novell is Final — For Now

“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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