IBM Lawsuit can be Closed by Novell Without a Trial

Judge of the District, Ted Stewart did not accept the request of SCO. In the court, Judge Ted Stewart agreed with the jury on the matter of a decision against SCO that was placed in April. The case was placed by Novell on the matter of lawful owner of UNIX SVRX copyright and SCO lost the case. According to the judge, the decision on that case does matter and has an effect on this case as SCO was not successful to present enough evidence in the case.

SCO’s case against Linux

SCO started their campaign against popular open source OS Linux in the year of 2003. According to SCO, Linux was not authorized to use the concepts of UNIX in their OS. So they sued against IBM and this threatened other thousands of organizations that use Linux as their operating system. The case became more complex after Novell joined the argument. They said that SCO never got the right to use UNIX as they claimed in the case and it is totally unlawful to make such demand on the first place. Since then the case was contested between SCO and Novell to take over the legal ownership on UNIX SVRX copyrights.

SCO loses case

According to SCO, they actually bought the copyright and from Novell. In the documents, it is found that all the terms and conditions are clearly mentioned but there is nothing on the UNIX SVRX copyrights. Instead, the copyrights were mentioned in the drafts that were staged before making the final agreement. Initially, the bench examined the agreement papers and Judge Kimball announced the decision in the favor of Novell and SCO was ordered to pay Novell nearly about millions of dollars. This caused bankruptcy for the SCO, but they are still continuing the fighting.

They made a jury trial right after the case and lost in that too. In the final decision in April, the court declared that SCO never had the copyrights of UNIX and Novell is declared as the lawful owner of these copyrights.

The second trial and judgment against SCO

However, SCO protested against the decision and filed a claim for a new judgment. In this new file, SCO needed to prove that the previous verdict was contradicted against the evidence. Judge Ted Stewart did not agree with the statement of SCO that was provided to the court of law. However, the Court deferentially disagrees and this was the answer by the judge. He said that the jury did not find enough evidence to tell that what SCO was saying was true and instead found Novell’s original version of the information more perfect. Hence, this given conclusion was well backed up with some genuine evidence. Stewart stated that there was significant verification that Novell had made an intentional judgment to keep up its ownership for the copyrights. He also declined the need of any further new trial for SCO. The ruling that says that SCO does not have any chance of another trial is a big setback against the chances of SCO fighting back and the issue seems to have come to an end with this judgment. This decision by Judge Ted Stewart ends any chance of a trial between SCO and IBM in the near future. SCO has no right to bring the copyrights of UNIX and it cannot claim for IP misuse.

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