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SCO Will Try Again

Aug 27, 2009, 19:32 (6 Talkback[s])
(Other stories by Justin Ryan)


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"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."

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