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Intellectual Property Law

: Groklaw

SCO Files its Appeal Brief in SCO v. Novell

By Pamela Jones et al.

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SCO has filed its appeal brief [PDF], appealing the decision in SCO v. Novell. Novell has until April 9 to file its brief in response, plus any appeal issues it might itself wish to raise.

Evidently, the court found SCO's first filing deficient, and so it told SCO [PDF] to correct the deficiencies, which it has done. One deficiency was that SCO failed to tell the appeals court why it felt oral argument was necessary. So, SCO now tells them, in essence, that the case is *complicated*.

Tell me about it. I could write a book. SCO tells the court it expects the court will have questions, so it wants to be there in person to answer their questions. I'm not sure that's a winning argument with a court of appeals, which is generally interested in efficiency, whenever possible.

I don't know if this filing will make it, but presumably so. The summary of SCO's argument is on page 27 of the filing, page 37 of the PDF. Here it is in a PJ nutshell: "No Fair! We Want a Do-Over!"

Full post as published by Groklaw on March 06, 2009 (boomark / email).

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