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Novell's Reply in Support of Motion to Set Aside Judgment

By Pamela Jones et al.

Novell has filed its Reply to SCO's Opposition to Novell's Motion to Set Aside Judgment:

01/22/2010 - 619 - REPLY to Response to Motion re 608 MOTION to Set Aside Judgment filed by Defendant Novell, Inc.. (Brennan, Sterling) (Entered: 01/22/2010)

This is the motion to set aside Judge Dale Kimball's ruling that Novell is not entitled to any of the SCOsource money from Microsoft or from Linux end users like EV1, a decision based on his ruling that Novell did not transfer to SCO the Unix copyrights. Now that the ownership of the copyrights is back on the front burner and will go to trial in March, Novell would like the contingent decision also back up for grabs. Novell would like its 95%, and of course SCO would like to hang on to it. Not that SCO is any good at hanging on to money, judging from its history. SCO's argument was that Novell failed to appeal this point, so it's too late now. Not so fast, Novell replies. Rule 60(b)(5) "authorizes relief from a judgment based on a ruling that has been reversed even when the judgment was not appealed", and SCO admits that. And SCO's cited cases "are irrelevant", Novell writes.

Hey. It wouldn't be the first time.

Full post as published by Groklaw on January 22, 2010 (boomark / email).