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SCO Heads to Court

Judge Dale Kimball will decide how much of the $25 million SCO got from Sun and Microsoft should go to Novell

There'll be no running off to Denver to save the day for SCO.

It had asked the Utah district court hearing its case against Novell to let it appeal the court's summary judgment finding that Novell owns the Unix copyrights to the Court of Appeals in Colorado before the trial starts on Monday. That ain't gonna happen. The judge said no.

And it ain't gonna be a jury trial like SCO wanted. It's going to be a bench trial with only Judge Dale Kimball deciding how much of the $25 million SCO got from Sun and Microsoft should go to Novell.

If there's anything left in the kitty after that maybe SCO can scrape together the bond that will be need to appeal. It's supposed to be a highly overturnable decision in which Kimball usurped for himself decisions only a jury can make under the law.

Apparently it's a familiar pattern. Kimball has a string overturned summary judgments to his name. Maybe he should get clerks with higher grades in law school if he's gonna let them write his decisions. They made some real big bloopers in the SCO case.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara