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SCO Loses Expected Final Appeal

Ruling Comes Down from 10th Circuit Court of Appeals in Denver

SCO has lost its second and what is expected to be its final appeal to the 10th Circuit in Denver or anywhere else.

Novell owns the Unix copyrights just like a Salt Lake City jury decided last year after a two-week trial. The appeals court found that the Novell's board "adopted a resolution approving the sale" of Unix licensing rights to SCO in 1995, but "specifically mentioned the copyrights were to be retained by Novell."

SCO won its first appeal to Denver but lost the jury trial Denver ordered which is why it appealed again. SCO's original case against IBM for poaching Unix to improve Linux, which is still pending, is therefore presumably quashed. SCO, such as it is, which isn't much of anything, only owns the Novell and IBM lawsuits. The company, such as it is, was sold for a song to an outfit that styles itself UnXis.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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