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In the aftermath of federal district judge Dale A. Kimball's recent ruling, which determined that Novell, not SCO, is the rightful owner of the UNIX copyrights, the once-mighty proprietary UNIX vendor is on the verge of annihilation.
A US federal appeals court overturned a judge’s ruling that granted Novell the copyright of the Unix computer OS yesterday. A panel of three judges of the 10th US circuit Court of Appeals ruled that a judge in the August 2007 case wrongfully handed the copyright to Novell. As a result the panel has ordered a “remand for trial” to establish ownership.
Novell has asked the Court to rule further on their Motion in Limine No. 4 [PDF; text]. The Court had previously issued a ruling [PDF] granting that Motion, but Novell now asks for further ruling, stating that "[t]he Court addressed this issue solely in the context of SCO's covenant of
good faith claim. However, Novell's motion covered all of SCO's claims, including slander of
Part of what Groklaw is doing is making an historical record of the SCO litigation. Since the August 10th ruling by Judge Dale Kimball that found that Novell did not transfer the Unix and UnixWare copyrights to Santa Cruz Operation in the 1995 Asset Purchase Agreement, there has been a flurry of media coverage.
A U.S. judge reversed on Monday a jury's ruling that Microsoft Corp. had infringed patents held by Alcatel-Lucent and threw out a record $1.5 billion verdict against the world's largest software maker.
"As opinions form about the extent to which the Court ruling impacts the patenting of software, one thing is clear. The State Street ruling that in 1998 opened the flood gates to the patenting of business methods and software has been gutted, if not technically overturned..."