Here it is, Novell's appeal brief in
SCO v. Novell. It's responsive to SCO's
earlier filing, which you can find in our permanent
Novell Appeals page.
Novell's fundamental argument is that SCO was given its jury trial, and now it wants to retry the case all over again to the appeals court. That is what it is not allowed to do:
SCO now seeks to undo the factual findings of the jury and judge. Throughout its brief, SCO makes arguments based on its version of events-a version that would require that factual findings below be ignored or reversed. But SCO is not entitled to re-try its case in this Court. Instead, SCO must demonstrate the jury's verdict and the district court's factual findings were unreasonable and unsupported by the evidence. That SCO utterly fails to do. To the contrary, the findings below were consistent with the evidence, and thus should not be disturbed on appeal.
We'll work on getting a text version for you soon, but this will get you started.
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