SCO has now filed its appeal brief with the
10th Circuit Court of Appeals. This is the second time SCO has appealed a loss in the US District Court in Utah to this appeals court.
This time, SCO asks the appeals court to rule that the lower court erred in finding that SCO does not require the UNIX and UnixWare copyrights. Considering that is what SCO's CEO at the time told the SEC, they are, in short, as cheeky as ever. Their argument is that they didn't need it for the technology business, but they need them to litigate. Also, SCO asks it to consider if the court erred in ruling that Novell can waive IBM's alleged breaches of the license agreement. SCO also takes issue with the judge at the second
SCO v. Novell trial, the Hon. Ted Stewart, allowing the jury to hear about the 2004 BusinessWeek article calling SCO the "Most Hated Company" in the technology industry. Also it takes issue with the judge's evidentiary rulings. For example, SCO doesn't like it that the judge allowed the jury to hear about the earlier decisions in Novell's favor.
What is the relief that SCO is requesting this time?
SCO respectfully requests, for the foregoing reasons, that the Court reverse the district court's denial of SCO's motion for judgment as a matter of law on SCO's claim for slander of title, or, in the alternative, grant a new trial; and that the Court reverse the district court's findings of fact and conclusions of law as set forth herein.
A new trial. Of course. There can never be too many trials for SCO, as it would like to actually win one and would prefer to keep trying until it does so. Apparently money is no object to a company that is in bankruptcy, has paid none of its creditors, and is now trying to sell off essentially all its assets but the litigation on which it long ago set all its hopes and dreams. And you can't say it's impossible to get an empathetic hearing from this court of appeals. It bent over backwards for SCO last time, granting it this 2nd trial that SCO then lost. So who knows? My grandchildren may someday be writing about the next
SCO v. Novell retrial, as this crazed monomania seems to have no closing chapter.
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