The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon. Novell had previously prevailed on the issue of copyright ownership in a ruling by Judge Dale Kimball on Novell’s motion for summary judgment, but as we blogged in August 2009, the U.S. Court of Appeals for the Tenth Circuit reversed that ruling, holding that the issue of copyright ownership was, under the circumstances presented, an issue for the jury. The jury in the federal district court in Utah spoke in Novell’s favor following a three-week jury trial before Judge Ted Stewart (following Judge Kimball’s recusal and subsequent retirement).

Presumably, the next act in this long-running drama (the litigation commenced in 2005) will focus on SCO’s litigation against IBM, which was stayed when SCO filed a (still pending) bankruptcy proceeding. The ownership of the copyrights that are the subject of this jury verdict underlie SCO’s claims in that litigation that IBM infringed SCO’s copyrights by contributing certain of the UNIX source code to the open source Linux operating system project. And on that basis, SCO has claimed that the Linux operating system itself infringes SCO’s copyrights, and has sought licensing fees from users of the Linux OS.

Whether SCO will be financially able to continue following this verdict remains to be seen.

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Photo of Jeffrey Neuburger Jeffrey Neuburger

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise…

Jeffrey Neuburger is co-head of Proskauer’s Technology, Media & Telecommunications Group, head of the Firm’s Blockchain Group and a member of the Firm’s Privacy & Cybersecurity Group.

Jeff’s practice focuses on technology, media and intellectual property-related transactions, counseling and dispute resolution. That expertise, combined with his professional experience at General Electric and academic experience in computer science, makes him a leader in the field.

As one of the architects of the technology law discipline, Jeff continues to lead on a range of business-critical transactions involving the use of emerging technology and distribution methods. For example, Jeff has become one of the foremost private practice lawyers in the country for the implementation of blockchain-based technology solutions, helping clients in a wide variety of industries capture the business opportunities presented by the rapid evolution of blockchain. He is a member of the New York State Bar Association’s Task Force on Emerging Digital Finance and Currency.

Jeff counsels on a variety of e-commerce, social media and advertising matters; represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements; advises on the implementation of biometric technology; and represents clients on a wide range of data aggregation, privacy and data security matters. In addition, Jeff assists clients on a wide range of issues related to intellectual property and publishing matters in the context of both technology-based applications and traditional media.