Novell Wins Against SCO Again 152
duh P3rf3ss3r writes "The Tenth Circuit Court of Appeals has just affirmed the District Court ruling in SCO v Novell (PDF) in its entirety. The decision is quite a good read and lays out the reasons why the court has rejected, in toto, SCO's attempt to re-argue the case before the Court of Appeals. Is this the last gasp for SCO or will they try to appeal this to the Supreme Court? The betting lines open at 11..."
Realistically this is the end of the line for the case.
"Realistically"? (Score:2, Insightful)
After years of this nonsense? Long after 99.99% of people could see that it was nonsense, including the courts? Since when have "realistic" evaluations of the legal case ever mattered to SCO's legal efforts? I expect it to go to the Supreme Court, and after that to various international courts. And maybe after that the interplanetary court.
The answer to "Will they try to appeal this to the Supreme Court?" can be found in the answer to the question: "What strategy will net the SCO lawyers the most money?"
Again? (Score:4, Insightful)
How many times have we heard that?
Realistically? (Score:4, Insightful)
"Realistically this is the end of the line for the case."
SCO has not been realistic at any time during this case.
Re:The horror... (Score:5, Insightful)
That side of the business is now owned by an entity called Unxis, [unxisco.com] and I would guess the remainder of SCO itself is mainly to continue this lawsuit.
software patents (Score:1, Insightful)
Re:Again? (Score:4, Insightful)
Except there are no patent claims in either Novell or IBM.
Re:Not Dead Yet? (Score:4, Insightful)
No matter how you look at it, SCO was basically reconfigured by McBride and Co. into a scam. At first it was simply trying to extort IBM into paying it off in a now all-too-common form of IP extortion. When it became clear that IBM had no interest in undermining its investment in Linux, it basically evolved into a pump and dump. SCO and its allies took the opportunity to use disgusting little fuckers like Daniel Lyons to give their ludicrous claims weight. Of course, greedy morons gathered from near and far to hand SCO money because it was going to be getting all these licensing fees from every copy of Linux out there. Once that plan flopped spectacularly and SCO's underlying claims finally deep-sixed completely, it then transformed into a lawyer's scam.
The whole thing leaves me very disgusted with the civil law system. That a company who could not even produce any clear evidence of IP theft or infringement was allowed to just keep reinventing its case over and over for years, to make ever more shrill and absurd claims, is beyond me. Why the system isn't built so that if you don't have the goddamned evidence clear as a bell ready to submit when papers are field, you're not even allowed through the door, is beyond me. This is truly a system built simply to make lawyers lots of money.