CyberTech Rambler

August 25, 2009

Sad but true: SCO gets second bite at the cherry

Filed under: Uncategorized — ctrambler @ 3:48 pm

Groklaw is reporting that the Appeal Court had reverse some of Judge Kimball’s judgement. I would call it a disappointing decision as Novell has to work harder to get what is rightfully theirs. While I think that Judge Kimball’s decision to recuse himself means there is less scope for appeal later, I cannot help but think the SCO is given a second bite at the cherry. This means a fresh start for the trial, and we know that SCO will be playing its usual tricks again with the new judges.

Do I think a jury trial will reverse the results? Not very likely. Still, the “certainty” that Judge Kimball gave us now evaporated.

Unfortunately for SCO, the Appeal Court also says that it has to pay Novell. That is not going to look good in its bankruptcy case. It makes it even more likely it is going for liquidation (Chapter 7).

Liquidation or not, fight IBM and Novell or not is now the decision of the yet-to-be-appointed Chapter 11 Trustee. It is possible that the trustee put the litigation up for auctions and someone (or a proxy) buys it just to continue the trouble for Novell/IBM and Linux.

The more likely scenario is the Trustee decided to drop the litigation, or the successor-in-interest to the Unix business, assuming SCO is broken up or went into liquidation, will drop the litigation. While common sense will say SCO has no case, critics will continue to say that there is a “dark shadow” over Linux.

I think I can sense that this whole thing is heading towards an unsatisfactory conclusion.


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