Thursday, 8 July 2010

They're Baaaaack......

The last time I wrote about SCO was when they lost the Novell case - and had their initial request for a retrial denied. As I said at the time "SCO have approximately one month to decide on their next course of action - assuming, of course, that they don't slide into Chapter 7 bancruptcy in the meantime."

Well, here we are, just under one month later and yes, they're going to try and appeal. The timing of this (leaving it as late as humanly possible - and also just before the next bankruptcy hearing) has been well noted.

To be honest I'm not surprised that they have appealed. In fact, I don't see that they've got an awful lot of choice at this point. SCO's future - such as it is - depends on them winning the court cases, and at the present time the ongoing court cases are the only thing realistically keeping them from sliding from Chapter 10 into Chapter 7 bankruptcy.

In a perfect world I can't see the appeal succeeding. I don't believe that the evidence, facts or the witness testimonies were in their favour. Personally I think that the courts were pretty darn lenient with them all the way through (in fact I thought that it was verging on the unfair towards Novell) so I can't see them having any grounds for a retrail other than the fact that they lost when they believe they should have won.

However this isn't a perfect world, so anything could happen. I'm not sure how long the appeals process takes - although judging by SCO's recent financial reports the bigger question is whether the Bankruptcy court is going to allow them the opportunity for one more throw of the dice before deciding to wind things up.

Stay tuned folks, it ain't over (quite) yet.

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