Even the appeal court thinks Novell owns Unix but...
"We recognize that Novell has powerful arguments to support its version of the transaction, and that, as the district court suggested, there may be reasons to discount the credibility, relevance, or persuasiveness of the extrinsic evidence that SCO presents."
but procedurally it thinks it has to go to Jury.
The district court judge erred in deciding that Novell still owned UNIX copyrights. It was clear that Novell had intended to sell, and SCO intended to buy, those copyrights - but they were omitted from the bill of sale. SCO proceeded on the basis of owning the copyrights that they had always intended to buy. If SCO owns the copyrights, Novell should get nothing. I don't see how the appeal court has not quashed the award.
"The US 10th Circuit Court of Appeals affirmed Novell's $2.5 million"
I'm not quite sure how SCO (illegally) changed the agreement with their lawyers earlier in Chap11 but take that $2.5M away from them and there's not a lot left financially.
Legally they only got to continue due a procedural error. Their claim to ownership is still laughable.
When will this mad cow die already ?
"We recognize that Novell has powerful arguments to support its version of the transaction, and that, as the district court suggested, there may be reasons to discount the credibility, relevance, or persuasiveness of the extrinsic evidence that SCO presents."
but procedurally it thinks it has to go to Jury.
The district court judge erred in deciding that Novell still owned UNIX copyrights. It was clear that Novell had intended to sell, and SCO intended to buy, those copyrights - but they were omitted from the bill of sale. SCO proceeded on the basis of owning the copyrights that they had always intended to buy. If SCO owns the copyrights, Novell should get nothing. I don't see how the appeal court has not quashed the award.
"The US 10th Circuit Court of Appeals affirmed Novell's $2.5 million"
I'm not quite sure how SCO (illegally) changed the agreement with their lawyers earlier in Chap11 but take that $2.5M away from them and there's not a lot left financially.
Legally they only got to continue due a procedural error. Their claim to ownership is still laughable.