SCO- Novell Will Go To Trial

The much-anticipated trial in the dispute between SCO and Novell — which was halted when SCO filed for bankruptcy protection — is back on, thanks to the Bankruptcy Court judge.

The decision comes on a month-old motion by Novell to lift the automatic stay — a court order issued automatically when the bankruptcy was filed preventing any existing litigation from proceeding. By lifting the stay, the Bankruptcy judge has given permission for the trial in U.S. District Court in Utah to continue, although any judgment against SCO will be subject to review by the bankruptcy court.

Analysts had long suggested that the Novell trial would be the death knell for SCO, and many believe that the decision to file bankruptcy, which came just days before the trial was to begin, was a desperate move to prevent the annihilation the trial is expected to bring.

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Justin Ryan is a Contributing Editor for Linux Journal.

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