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SCO to Appeal

It’s bound to argue that Utah didn’t follow Denver’s instructions the way it was supposed to

SCO Wednesday filed notice that it means to appeal the Utah district court decision that Novell owns the Unix copyrights to the 10th Circuit Court of Appeals in Denver.

It was a 10th Circuit decision that got SCO the jury trial that it wanted in the first place and now it wants the jury's verdict overturned.

It's bound to argue that Utah didn't follow Denver's instructions the way it was supposed to, that Denver decided copyrights did transfer and that Utah was supposed to decide which ones - otherwise why would Novell be appealing to the Supreme Court that the transaction didn't follow the letter of the Copyright Act.

SCO also wants Utah District Court Judge Ted Stewart's decision that Novell can tell SCO it can't pursue its contract case against IBM as well as his decision not to grant SCO a new trial struck down.

How long all this is going to take is unclear. Probably the soonest SCO could get heard is December-March. Its legal bills are of course already paid but it might have to survive Novell and IBM trying to push it into liquidation again in bankruptcy court in Delaware.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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