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Novell's Petition for Writ of Certiorari - as text

By Pamela Jones et al.

We have the Novell's Petition for a Writ of Ceriorari [PDF] as text. This is its petition, asking the US Supreme Court to review the decision by the US Court of the Appeals for the Tenth Circuit. Here are the two orders that the appeals court reviewed, Judge Dale Kimball's August 10, 2007 Memorandum and Order and the November 20, 2008 Final Judgment. Odds are always against the petitioner to the U.S. Supreme Court, of course, and the earliest it could be heard would be in April, we learned from a remark at Friday's trial in SCO v. Novell, so the trial will be over before this is heard, even if it beats the odds.

Nevertheless, it's an important document, because it raises an important question: how should copyright transfers be evidenced? US Copyright law requires a writing, but what should happen if the writing isn't clear about which copyrights, if any, were conveyed? Should it be up to a jury to decide and more or less make it up out of the memories of participants of yore?

You think I jest. Not at all. That is exactly what is happening in SCO v. Novell currently in the trial. How would you like to have your copyright ownership decided like that? Still want to if the memories rrelied upon are those of Darl McBride and his friends and allies?

Full post as published by Groklaw on March 13, 2010 (boomark / email).