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by lemur2 on Wed 26th Aug 2009 06:08 UTC in reply to "RE[2]: IANAL"
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If I understand correctly, the point of a summary judgment is to avoid the expense and time of a jury trial. I guess the appeals court ruled that Kimball cut his decision too fine for their comfort?

More or less.

AFAIK the appeals court ruled that although Novell had a strong argument about its Unix copyrights never being assigned to SCO, it was not absolutely clearcut enough for this to be decided by summary judgement. Hence it now goes to a jury trial.

Note ... all this is only about who owns the copyrights in the first place ... Novell owns them, and SCO has no instrument of transfer, but SCO do claim a dispute about all this.

None of this has anything at all to do with the question if any Unix copyrights (whoever owns them) have been infringed in Linux or not. So far, there is absolutely zero evidence on the table to support this latter claim of SCO.

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