This is getting old.
Trademark and copyright are completely different things.
Either Novell EXPLICITLY sold off the copyright for UNIX, or it didn't. The fact that it sold the trademark for the name doesn't come close to releasing control of the copyright for the code. This thing should have been over and done with years ago.
Can't the fucking judge(s) read the fucking contract and come to a fucking decision?
Oh, wait, there are no judges with a clue what "technology" is. As soon as you mention anything more complicated than TELEX or FAX, most lawyers turn their brains off, just like Great Aunt Mable. (Don't believe me? Try drafting a reasonable contract to update the computers in a law office ... never again!).
Either way, nobody I know in the world of computers and networking will ever enter into a contract with any of the folks in charge of the entity known as "SCO" in recent years ... including their lawyers. Burnt bridges & all that.
What a fucking waste of time and money. Idiots. All of 'em.