(Note - this thread seems to have gotten under the skin of a certain Yahoo troll, so what better place to repost it, than where the asswipe can't "deleate" it. It's. All. So. Beautiful.)
A summary from http://www.linuxjournal.com/content/sco-will-try-again ...
Reposting because the tard seems to have had the original post deleted - how pathetic.....
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Darl seems to have forgotten that he's a corporate eunuch at this point — his business card may say "C.E.O." but he lacks any P.O.W.E.R. That's because he and his cohorts thought the Bankruptcy Court system was a good way to avoid paying their creditors until they could come up with a new evil plan — unfortunately, while they they were working on their evil plan, they failed to come up with a reorganization plan, and landed themselves in hot water with the Bankruptcy Court. As we reported a few weeks ago, SCO's management is no longer in control of the company, as the Bankruptcy Court has ordered that a trustee be appointed to run SCO's affairs.
Having a trustee appointed isn't like getting a receptionist — he or she doesn't sit at the front door and answer your calls while you come up with new ways to destroy the company. The trustee becomes the management, and gets to decide how to run the company, including whether or not to continue suicidal suing. The Court of Appeals ruling says that a new trial should be held, but that is contingent on a) SCO (i.e., the trustee) pursing the matter, and b) the Bankruptcy Court allowing it. As those who have been following the SCO case for some time will remember, when a party is in bankruptcy, there is an automatic stay on all litigation — the only way any court can hear any matter related to the party is with permission of the Bankruptcy Court. No permission, no trial.
At this point, there are at least three significant bars to SCO seeing anything resembling a victory. First, the trustee will have to be convinced that the lawsuit a) actually has any merit to it whatsoever, and b) could actually be won. (All the Court of Appeals ruled was that a jury should make the decision, not that SCO has a chance of purple cows giving Pepsi.) The trustee's job isn't at all to do what SCO's management wants, and isn't just to do what's in the best interests of SCO actually emerging solvent from bankruptcy — it's also to protect the creditor's ability to recover what they are owed. That means the trustee won't be going on a fishing expedition with the Novell/IBM cases — if it's not got a good chance of winning, the trustee won't waste the estate's resources on it.
Second, the Bankruptcy Court will have to be convinced to lift the stay on the litigation. Even if SCO manages to drug, brainwash, and/or torture the trustee into going on with the cases, they'll have to talk the Bankruptcy Court judge into it too — a judge who has figured them out and is tired of their antics. Lifting the automatic stay on litigation is what might be termed an extraordinary remedy — the judge isn't going to do it just because he's grumpy that his cornflakes were soggy at breakfast.
Finally, the biggest hurdle for SCO is what the whole appeal was about: the jury. Twelve ordinary people, with little or no legal training, potentially without any understanding of technology at all, are going to have to be convinced that the hundreds and hundreds of pages of sale agreements don't include selling the Unix copyrights in question. Judge Kimball was described as having great trouble clarifying all the details, so getting it across to a jury isn't going to be easy. It'll be particularly difficult if, like last time, Darl swears things on the stand that other executives have denied — minutes before, under oath. And as we said almost a year ago, if it does go back to trial, Novell has a whole host of issues it can reinstate.
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