The same three appeals court judges who decided to send the copyright ownership issue in SCO v. Novell back to Utah for a jury trial, including the now-retired Judge McConnell, have denied the Novell petition for rehearing. Judge McConnell wrote the original ruling, so it's hardly a surprise that he would feel it was just right. But none of the appellate judges asked for an en banc hearing either, according to the decision. Novell asked for both. Here is the decision in its entirety:

Appellee's petition for rehearing is denied. The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no member of the panel and no judge in regular active service on the court requested that the court be polled, that petition is also denied.

It was only sent to those in "regular active service". I gather that is how it's done, but I have no idea if that is typical. So back it goes to Utah District Court, to a new judge, Ted Stewart, appointed by President Clinton.
Of course, Novell could appeal this denial, I think. This is the kind of issue that ends up before the Supreme Court, frankly. I don't know if Novell will bother, but the decision doesn't match other court decisions, so I hope they do -- it's the kind of thing the Supreme Court sometimes decides to settle. And I've heard the 10th Circuit has a tendency to overrule Utah. I don't know why that would be, but that is what I've heard.
SCO is on life support, last I checked, so who knows if they can last long enough to make it to the Supreme Court, though. To tell you the truth, with Darl McBride threatening to sue to block the Chapter 11 Trustee's survival plan for the SCO Group, now that he's been "terminated", I'd say this thing could go on for years and years and years, particularly since Boies Schiller is paid to go all the way to the Supreme Court. It would not amaze me at all to see the copyright ruling before that court someday.

More...