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08 July 2010, 13:07

SCO appeals against Stewart ruling

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SCO Linux Logo Just a few days before its own liquidation hearings, The SCO Group has lodged an appeal against the judgement that pulled the rug out from under the company's numerous ongoing legal battles. Groklaw reports that SCO now plans to appeal the judgement handed down by judge Ted Stewart. Stewart upheld a jury verdict made after oral hearings that Novell had retained the copyright to Unix when it sold its Unix business to The SCO Group (at the time operating as The Santa Cruz Operation). Stewart also rejected SCO's application to have the case reheard.

SCO's filing, quoted on Groklaw, wants the United States Court of Appeals for the Tenth Circuit to consider the case. The filing asks it to overturn the jury verdict and quash judge Stewart's judgement. Alternatively, SCO would also be willing to see a new trial take place. Whether or not SCO has the funds to contest another round of appeals, or even a new trial, depends on the bankruptcy court, to which SCO Group is required to present a business plan. The company itself appears to believe that, thanks to a financing agreement reached with lawyers Boies Schiller & Flexner LLP in 2005, the costs for the entire process are, in the first instance, covered. (Detlef Borchers)

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