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Final Judgment from Utah: Novell Wins, SCO Loses

Posted by gus3 on · 8 comments
Groklaw; By Pamela Jones
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Dismissed, dismissed, dismissed. $2,547,817 in converted monies, over $918,122 in interest on it, and $625,486.90 for the constructive trust against The SCO Group. That's well over $4,000,000 that SCO will no longer have for bogus litigation. If they are indeed ordered by the court to pay, it will reduce their equity by roughly half. My money is on Darl McBride never being allowed to try this stunt again.

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Comments (8)

When is over over? When is the end, the end?
I haven't heard the fat lady sing yet.
I was wondering the same thing, tuxchick. I think it's final when SCO gives up or runs out of money. In the good 'ol U.S. of A. someone can sue for just about anything, anytime, anywhere.
gus3 Story submitter ·
It is the final ruling from Dale Kimball's court. Barring an appellate or superior court order, he is now off the case.

That doesn't mean SCO has no other cases going on. However, forcing payout in this case will put a severe crimp on their ability to harass others.
eee a Caitlyn! I miss your articles on O'Reilly. Or are they just hard to find?

It will be amusing to see if yet another shadowy backer emerges to fund SCO's appeal.
I had an injured shoulder and wasn't writing much for a while. I should have a new O'Reilly article tomorrow. I'm also going to be writing (and being paid! by) another well known Linux site starting soon.

I also miss your articles on O'Reilly.

I wouldn't be surprised if SCO gets bankrolled again. Anything to make Microsoft's claim that Linux has stolen intellectual property and violates software patents helps them spread anti-Linx FUD.
gus3 Story submitter ·
Oh, and Judge Kimball dismissed the case with prejudice, meaning they cannot amend the complaint and re-file. They can only pursue their legal options within the context of this case (appeals).
Quoting:I wouldn't be surprised if SCO gets bankrolled again. Anything to make Microsoft's claim that Linux has stolen intellectual property and violates software patents helps them spread anti-Linx FUD.
1. Although Microsoft may indeed be faring quite well given the economic downturn, many other "partnered" or wholly-independent companies are much less likely to bankroll SCO for high-cost legal-challenges involving such unacceptable risks. Low capitalization and overly-prohibitive legal costs..

2. It appears heavily ironic -- at least on the surface -- that Novell's victory over SCO grants Novell the impression that it is really the "good citizen" here, while at the same time it is remains vilified as that "greedy villain" for entering into its infamous Patent Agreement with Microsoft. The former impression seems to say that Novell and Linux HAVE NOT stolen intellectual property and violated software patents, as McBride has had the audacity to openly claim...e.g., at SCO's 'Open Letter on Copyrights', http://www.sco.com/copyright/ OTOH, the latter impression is that even with its victory over SCO imminent, Novell STILL is the unwilling vehicle for Microsoft's continued desire to disseminate anti-Linux FUD. - 'Hey Look! It *is* Microsoft Linux!', http://lxer.com/module/forums/t/28108/ - 'What is all the hubub about?', http://lxer.com/module/forums/t/28076/

Irony indeed.

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