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Stewart Rules: Novell Wins! CASE CLOSED! - Updated

Posted by azerthoth on · 6 comments
groklaw; By pj
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Here you go, munchkins. Judge Ted Stewart has ruled for Novell and against SCO. Novell's claim for declaratory judgment is granted; SCO's claims for specific performance and breach of the implied covenant of good fair and fair dealings are denied. Also SCO's motion for judgment as a matter of law or for a new trial: denied. Novell is entitled to waive, at its sole discretion, claims against IBM, Sequent and other SVRX licensees. CASE CLOSED!

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Comments (6)

Are you listening Oracle* (what about you MS)? You were conned, demand justice! Wring every remaining penny for the crooks known as SCO that financed and/or were willing participants in this scheme. That will give fair warning to others that attempt to play a similar game in the future.

YBT

* Perpetrated by your (sub)merged property, formerly known as Sun Microsystems.
Forgot your serious tags.
bigg,

You just must be lacking a sense of humor, perhaps you fail to see the Big picture? Hint: what happens if one of the aforementioned marks pursues the suggested course and creates a legal precedent that others can use to reclaim their monies?

See the humor now?

YBT
ooh, muwahahaha, even harder to wiggle out of if you yourself originally set the precedent. Sneaky sneaky txt. Your my hero.
SCO still owe a boatload of Unix sales money to Novell. That is not a loan, Novell are not creditors, and bankruptcy rules don't apply the way they do to loan debts.

The court ordered SCO to open a constructive trust two years ago http://www.groklaw.net/article.php?story=20080829221757478 so at least some money would be set aside before the lawyers drove SCO's balance sheet to zero. One payment from the trust has now been made http://www.groklaw.net/article.php?story=20100604162131869 so now we wait to see, if SCO will appeal yet again, start making regular payments, or go into Chapter 7 bankruptcy (state-ordered corporate termination).
This is going to make me smile all day long. I hope this dampens the enthusiasm for litigation as a business strategy, but with the current oversupply of lawyers in the US, I doubt it will.

Dave

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