Long-time Slashdot reader UncleJosh writes: At the end of last October, the 10th Circuit issued an opinion overturning the lower court's summary judgement in favor of IBM on one of SCO's claims, sending it back to the lower Court for trial. Shortly thereafter, IBM filed for a re-hearing en banc. On January 2nd, the 10th circuit essentially denied IBM's request, issuing a slightly revised opinion with the same conclusions and result. The charge being reheard accuses IBM of "stealing and improperly using [SCO's] source code to strengthen its own operating system, thereby committing the tort of unfair competition by means of misappropriation" -- though that charged is based on an implied duty that SCO says IBM incurred by entering into a development relationship with SCO. "SCO believes that IBM merely pretended to go along with the arrangement in order to gain access to Santa Cruz's coveted source code." The court's 46-page document adds that "We are now almost fifteen years into this litigation."
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