SCO Will Try Again

“Reports of the Court of Appeals ruling have been wide and
varied in their interpretations. While your editor is missing the
hair on the back of his head, it is most surely not a result of
mass SCO-ruling induced baldness, nor will anyone be forced to read
this via candlelight due to the blackening out of the sun. While
we’ve not yet had the opportunity to review the full decision in
depth — it’s fifty-four pages of beautiful legalese, if
you’re feeling adventurous and/or suicidal — there are a few
things that are clear.

“First, it is true: The Court of Appeals reversed some of the
District Court’s findings. They did not decide SCO was right, they
did not rule that Novell was wrong, they didn’t answer any of the
material questions of the case, and they didn’t sentence Judge
Kimball to death. What they did do was to hold that certain issues
the District Court ruled on should not have been decided by the
Court on its own. Some background on the process is helpful in
understanding just what went on.

“One of the most important distinctions between courts in the
United States (and many other countries as well) is the distinction
between trial courts and appellate courts. While both are courts,
and both are run by judges in black robes — or if they’re
really special, like the Supremes, Justices — they don’t
provide the same function. Trial courts take evidence, determine
facts, and rule on points of law relevant to the matter at hand.
Their scope is quite wide — they generally will hear and rule
on any aspect of the case that presents itself, regardless of how
it comes up.”

Complete
Story