|By Maureen O'Gara||
|August 30, 2011 07:42 PM EDT||
SCO has lost its second and what is expected to be its final appeal to the 10th Circuit in Denver or anywhere else.
Novell owns the Unix copyrights just like a Salt Lake City jury decided last year after a two-week trial. The appeals court found that the Novell's board "adopted a resolution approving the sale" of Unix licensing rights to SCO in 1995, but "specifically mentioned the copyrights were to be retained by Novell."
SCO won its first appeal to Denver but lost the jury trial Denver ordered which is why it appealed again. SCO's original case against IBM for poaching Unix to improve Linux, which is still pending, is therefore presumably quashed. SCO, such as it is, which isn't much of anything, only owns the Novell and IBM lawsuits. The company, such as it is, was sold for a song to an outfit that styles itself UnXis.