
Appeals court keeps alive the never-ending Linux case, SCO v. IBM - lisper
https://arstechnica.com/tech-policy/2017/10/appeals-court-keeps-alive-the-never-ending-linux-case-sco-v-ibm/
======
AnimalMuppet
For those who care, here's the actual ruling:
[https://www.ca10.uscourts.gov/opinions/16/16-4040.pdf](https://www.ca10.uscourts.gov/opinions/16/16-4040.pdf)
(Hat tip to swmech on GroktheLaw, who pointed me to this.)

As I read it (but IANAL), the ruling killed two things. SCO can't amend their
complaint yet again. (Or, more precisely, the court ruled correctly in
forbidding SCO permission to amend the complaint in October 2004.) And SCO's
claim of IBM interfering with SCO's business relationships is also dead. (Or
mostly so - the appeals court split 2 to 1 on that claim, so SCO _could_
decide to appeal it _en banc_ , that is, to the full appeals court rather than
to a 3-judge panel.)

The claim that got kicked back to the district court was the claim of
misappropriation of code. This is code that SCO (or the original Santa Cruz)
wrote, not the original Unix code - Novell owns the copyright to that. Also,
if I understand correctly, the claim is that this code wound up in AIX, _not_
in Linux. Linux is in the clear.

Note well that this does _not_ mean that SCO's claims have substance. It just
means that this one claim has enough of a chance that it actually has to go to
trial, not just be dismissed by summary judgment.

------
simonblack
SCO DELENDA EST.

