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Novell and SCO Agree on Interest, Trust Amounts; Final Judgment Still in Dispute

By Pamela Jones et al.

Novell filed today, as per the deadline, two documents, one an unopposed filing regarding interest due Novell by SCO -- SCO has agreed to the sum of $918,122 in prejudgment interest and $489 per day until the final judgment is entered.

That could be a while. The second filing informs the court that Novell still believes that a final judgment is premature, since the arbitration is not yet finished. It reminds the court that those claims were automatically stayed by the Bankruptcy Court, and that while SUSE disputed that, SCO successfully argued that the automatic stay should include the arbitration. When the Bankruptcy Court partially lifted the bankruptcy stay to allow Novell to drag SCO back to Utah on the two issues we saw at trial (the amount owed, and whether SCO had the right to enter into SCOsource licenses), the claims in arbitration remained under stay, so both the Utah court and the Bankruptcy Court stayed the arbitration claims, so Novell's position is that this prevents entry of final judgment at the moment.

Novell says it understands SCO may want to file a motion "advocating some particular disposition of those claims." Novell says if they do, as Novell expects SCO will, Novell will respond at that time.

Full post as published by Groklaw on August 29, 2008 (boomark / email).