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SCO Tells Customers and Partners It Will Appeal Shortly

By Pamela Jones et al.

I'm sure you could write it yourself, knowing SCO as we do by now, but SCO's Jeff Hunsaker has sent a letter to "SCO Customers and Partners", letting them know that SCO will be filing an appeal shortly. From the wording, I'd say they intend to appeal both rulings, the August 10th and the July 16th rulings.

It goes on quite a while about how Novell didn't get as much in court as it originally asked for, of course, and how SCO was ruled to have all rights to OpenServer and UnixWare, something that Novell never challenged, and then it states that Judge Dale Kimball indicated that the ruling was a final ruling and hence can be appealed. So that is what they say they will be doing soon.

Interestingly, the letter also says that they filed for bankruptcy and "have been working on a plan with the bankruptcy court to continue in this protection mode until the court ruling regarding Novell's claims was finalized and SCO could have a financial plan for moving forward. Part of this plan includes the potential investment from an outside group that could help lead us out of Chapter 11 and create a path for future business." I take that as an admission that the delays in bankruptcy were planned and that the strategy was to stay there until after Utah ruled. Perhaps that would explain the strange and clearly unworkable "plans" SCO filed with bankruptcy court.

Full post as published by Groklaw on July 30, 2008 (boomark / email).