June 11, 2004

Novell Wins Remand Contest- Case Stays in Federal Court - It's Copyright Proof Time

Judge Kimball, as he promised, has issued his order* on the Novell case. The big news is that SCO lost its fight to get the case sent back to state court. SCO's entire theory of the case as a contract issue only went out the window, and they are now squarely in a pure copyright fight, which is the last thing they wanted. They will now have to prove that they own the copyright they are using to threaten end users like AutoZone. Kimball agrees with Novell that there are serious questions about whether the agreement even as amended by Amendment 2 is sufficient to be a copyright conveyance, and that means it stays in federal court. He retains jurisdiction. Remember all the experts who told us SCO might win this? They were mistaken.



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