Novell: We are ready for new court battle with SCO

Novell is promising to strongly resist a court ruling yesterday on the ownership of Unix copyrights.

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Novell is promising to strongly resist a court ruling yesterday on the ownership of Unix copyrights.

In a 54-page judgement, a US appeal court overturneda 2007 which stated that Novell was the owner of Unix and UnixWare copyrights.

The case has been sent to trial.

Novell said it is carefully studying the court's decision and is not backing down.

"Novell intends to vigorously defend the case and the interests of its Linux customers and the greater open source community. We remain confident in the ultimate outcome of the dispute," Novell said in a statement.

"We are pleased that the decision affirmed the district court's monetary award of approximately $3 million from SCO to Novell … Precisely what will happen next in the lawsuit remains to be seen, especially in light of the pending SCO bankruptcy and the recent court decision to appoint a Chapter 11 Trustee to take over the business affairs of the company."

SCO also is looking forward to having another day in court.

"We are pleased that the 10th Circuit Court of Appeals has reversed material aspects of the district court's 2007 summary judgment against SCO. Importantly, the court remanded the case for trial, and we look forward to the opportunity to present the case to a jury," SCO said in a statement.

A summary judgment in the SCO vs. Novell case was issued on Aug. 10, 2007, when Kimball ruled that Novell owned the Unix and UnixWare copyrights.

Eventually, the district court awarded a $2.5 million judgment to Novell and SCO filed for bankruptcy.

The federal appeals court Monday moved the 2007 decision aside and opened up another round in the five-year saga.