Note: The Skinny blog is written by Rick Smith, editor and co-founder of Local Tech Wire and business editor of

RESEARCH TRIANGLER PARK, N.C. – The years-long legal struggle between Novell and Utah-based SCO over Unix apparently is over with the judge in the federal case tossing SCO’s last hopes.

Local Tech Wire has followed the SCO Group-Novell battle since the case also held ramifications for Linux, Red Hat, IBM and the open source community. The Skinny missed the latest updates on the case, but even if this post is tardy it is necessary for LTW to get the results on the record.


So says the , which has followed the case and reported the decision by Judge Ted Stewart earlier this month.

Groklaw, run by paralegal Pamela Jones, has a strong connection to the Triangle since it is hosted free of charge by Paul Jones and the ibiblio site at UNC-Chapel Hill. Groklaw has draw international attention for its focus on the Novell-SCO battle.

“Judge Ted Stewart has ruled for Novell and against SCO. Novell’s claim for declaratory judgment is granted,” GrokLaw wrote. “SCO’s claims for specific performance and breach of the implied covenant of good fair and fair dealings are denied. Also SCO’s motion for judgment as a matter of law or for a new trial: denied. Novell is entitled to waive, at its sole discretion, claims against IBM, Sequent and other SVRX licensees.”

"The Clerk of the Court is directed to close this case forthwith," Stewart wrotes in the final judgment, according to Groklaw.

“I believe that means SCO v. IBM is essentially over now, unless IBM wishes to pursue its counterclaims,” Jones added.

A jury trial in March was settled in Novell’s favor.

The Skinny contacted Red Hat at that time for comment about the decision. The Hatters said they would pass.

Legal battles of some sort never end, however. The Supreme Court didn’t issue a ruling on the so-called Bilski Internet patent case as some expected on Monday. Groklaw and lawyers will just have to wait.

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