Is SCO Finally Out of Options Against Novell?

Lora Bentley

I'm almost afraid to write this because I've written it a few times before and been wrong, but I think I'll take my chances. Last week might have marked the very end of the road for SCO in its nearly eight-year battle with Novell and others over UNIX patents.


The New York Times reported Friday that the U.S. District Court for the District of Utah granted Novell's request for a declaratory judgment on SCO's claims of slander and breach of the implied covenant of good faith. The judge told SCO it must "recognize Novell's waiver of SCO's claims against IBM" and others, and then he ordered the case closed.


Though SCO could appeal the ruling, the chances of success are slim according to Groklaw's Pamela Jones, who wrote:

The door has slammed shut on the SCO litigation machine.

The ruling comes just months after a jury decided Novell owns copyrights to UNIX that SCO has been trying to assert all this time.


Though some may admire SCO's determination to never give up, there comes a point where it's smarter to let go rather than run one's business into the ground.

Add Comment      Leave a comment on this blog post
Jun 15, 2010 9:22 AM cmspider cmspider  says:

err,  the SCO-Novell litigation was never about UNIX patents.

It started as a slander of title action, and ended up becoming about UNIX copyrights, but never patents.

Jun 16, 2010 3:23 AM Paul Paul  says:

The business has been run into the ground. SCO has bet the shop on winning the litigation.


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