HOLY FREAKING S**T!! Judge Nuffer finally woke up!!
December 15, 2014
Somebody over at Groklaw apparently is still alive... Judge Nuffer finally answered
the outstanding motion. Docket 1132, filed today:
IBM has moved for partial summary judgment on the basis of the final judgment in SCO Group, Inc. v. Novell, Inc., No. 2:04-cv-00139-TS (the “Novell Judgment”); and the Court has considered the arguments of both parties.
It is HEREBY ORDERED, ADJUDGED, AND DECREED that IBM’s Motion for Partial Summary Judgment on the Basis of the Novell Judgment Docket No. 1126 is GRANTED in part and DENIED in part as set forth below:
It is ORDERED that, on the basis of the Novell Judgment, judgment is entered in favor of IBM and against SCO on IBM’s counterclaims seeking a declaration of non-infringement of the copyrights to the pre-1996 UNIX source code (IBM Counterclaims IX and X).
It is further ORDERED that, on the basis of the Novell Judgment, partial judgment is entered in favor of IBM and against SCO on SCO’s Unfair Competition Claim (Count VI) and Tortious Interference Claims (Counts VII and IX) insofar as they allege that SCO, and not Novell, owns the copyrights to the pre-1996 UNIX source code and/or that Novell does not have the right
to waive IBM’s alleged breaches of the licensing agreements pursuant to which IBM licensed pre-1996 UNIX source code.
It is further ORDERED that, with respect to all remaining claims and counterclaims, SCO is bound by, and may not here re-litigate, the rulings in the Novell Judgment that Novell (not SCO) owns the copyrights to the pre-1996 UNIX source code, and that Novell waived SCO’s contract claims against IBM for alleged breaches of the licensing agreements pursuant to which IBM licensed such source code.
It is further ORDERED that all others grounds for relief in IBM’s motion are DENIED.
Source: Investor Village SCOX [ http://www.investorvillage.com/smbd.asp?mb=1911 ]