The long-running but stalled legal battle between Unix vendor SCO and IBM has been reactivated in Utah courts, Groklaw revealed. The proceedings were interrupted when SCO entered bankruptcy court. SCO sued IBM, among others, for using Unix code and integrating it into Linux, though it doesn't own Unix copyrights, as ruled in a different case between Novell and SCO.
UnXis on Monday afternoon said it had finished buying out all of the SCO Group's staff and patents following its failed return to relevance. The buyout gives it control over SCO Unix as well as the roughly 32,000 contracts SCO still held. Plans weren't exact but would include a "new generation of hardware, software and cloud computing."
SCO Group has filed an appeal in a last-ditch effort to revive the legal battle over Unix patents. The latest move arrives after seven years of unsuccessful litigation, which culminated in the jury verdict and final judgment against SCO in the US District Court for the District of Utah. Judge Ted Stewart attempted to close the case, however the judgement left room for an appeal.
SCO was dealt a late and possibly final blow on Thursday as Judge Ted Stewart has handed Novell a declaratory judgment against SCO in court. The decision supports Novell's view that it owns key Unix copyrights and that SCO didn't need or own the copyrights for its controversial SCOsource program, which would have forced some of those using Linux to pay royalties. It further lets Novell dismiss SCO's related lawsuits against IBM and Sequent.
Having almost disappeared completely late last year, SCO says it has been resuscitated by a new financing plan. Under the terms of the deal, Stephen Norris Capital Partners and "its partners from the Middle East" will supply up to $100 million, enabling SCO to reorganize and launch a new series of products. SNCP will gain a controlling interest in the company, and take it private, allowing it to slip out of Chapter 11 bankruptcy protection.
